CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Lynn offered the following:
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13 Amendment (with title amendment)
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15 remove from the bill: everything after the enacting clause,
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17 and insert in lieu thereof:
18 Section 1. Paragraph (f) is added to section 380.06,
19 Florida Statutes, 1996 Supplement, and paragraph (b) of
20 subsection (19) of said section is amended, to read:
21 380.06 Developments of regional impact.--
22 (2) STATEWIDE GUIDELINES AND STANDARDS.--
23 (f) With respect to developments certified under s.
24 403.973, which create jobs and meet criteria established by
25 the Office of Tourism, Trade, and Economic Development as to
26 the impact of such developments on an area's economy,
27 employment, and prevailing wage and skill levels, development
28 agreements are authorized up to 100 percent of applicable
29 thresholds for industrial plants, industrial parks,
30 distribution, warehousing, or wholesaling facilities, office
31 developments, or multiuse projects other than residential, as
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 described in s. 380.0651(3)(c), (d), and (i).
2 (19) SUBSTANTIAL DEVIATIONS.--
3 (b) Any proposed change to a previously approved
4 development of regional impact or development order condition
5 which, either individually or cumulatively with other changes,
6 exceeds any of the following criteria shall constitute a
7 substantial deviation and shall cause the development to be
8 subject to further development-of-regional-impact review
9 without the necessity for a finding of same by the local
10 government:
11 1. An increase in the number of parking spaces at an
12 attraction or recreational facility by 5 percent or 300
13 spaces, whichever is greater, or an increase in the number of
14 spectators that may be accommodated at such a facility by 5
15 percent or 1,000 spectators, whichever is greater.
16 2. A new runway, a new terminal facility, a 25-percent
17 lengthening of an existing runway, or a 25-percent increase in
18 the number of gates of an existing terminal, but only if the
19 increase adds at least three additional gates. However, if an
20 airport is located in two counties, a 10-percent lengthening
21 of an existing runway or a 20-percent increase in the number
22 of gates of an existing terminal is the applicable criteria.
23 3. An increase in the number of hospital beds by 5
24 percent or 60 beds, whichever is greater.
25 4. An increase in industrial development area by 5
26 percent or 32 acres, whichever is greater.
27 5. An increase in the average annual acreage mined by
28 5 percent or 10 acres, whichever is greater, or an increase in
29 the average daily water consumption by a mining operation by 5
30 percent or 300,000 gallons, whichever is greater. An increase
31 in the size of the mine by 5 percent or 750 acres, whichever
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 is less.
2 6. An increase in land area for office development by
3 5 percent or 6 acres, whichever is greater, or an increase of
4 gross floor area of office development by 5 percent or 60,000
5 gross square feet, whichever is greater.
6 7. An increase in the storage capacity for chemical or
7 petroleum storage facilities by 5 percent, 20,000 barrels, or
8 7 million pounds, whichever is greater.
9 8. An increase of development at a waterport of wet
10 storage for 20 watercraft, dry storage for 30 watercraft, or
11 wet/dry storage for 60 watercraft in an area identified in the
12 state marina siting plan as an appropriate site for additional
13 waterport development or a 5-percent increase in watercraft
14 storage capacity, whichever is greater.
15 9. An increase in the number of dwelling units by 5
16 percent or 50 dwelling units, whichever is greater.
17 10. An increase in commercial development by 6 acres
18 of land area or by 50,000 square feet of gross floor area, or
19 of parking spaces provided for customers for 300 cars or a
20 5-percent increase of any of these, whichever is greater.
21 11. An increase in hotel or motel facility units by 5
22 percent or 75 units, whichever is greater.
23 12. An increase in a recreational vehicle park area by
24 5 percent or 100 vehicle spaces, whichever is less.
25 13. A decrease in the area set aside for open space of
26 5 percent or 20 acres, whichever is less.
27 14. A proposed increase to an approved multiuse
28 development of regional impact where the sum of the increases
29 of each land use as a percentage of the applicable substantial
30 deviation criteria is equal to or exceeds 100 percent. The
31 percentage of any decrease in the amount of open space shall
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 be treated as an increase for purposes of determining when 100
2 percent has been reached or exceeded.
3 15. A 15-percent increase in the number of external
4 vehicle trips generated by the development above that which
5 was projected during the original
6 development-of-regional-impact review.
7 16. Any change which would result in development of
8 any area which was specifically set aside in the application
9 for development approval or in the development order for
10 preservation or special protection of endangered or threatened
11 plants or animals designated as endangered, threatened, or
12 species of special concern and their habitat, primary dunes,
13 or archaeological and historical sites designated as
14 significant by the Division of Historical Resources of the
15 Department of State. The further refinement of such areas by
16 survey shall be considered under sub-subparagraph (e)5.b.
17 17. The numerical standards specified in subparagraphs
18 4., 6., 10., 14. excluding residential uses, and 15., are
19 increased by 100 percent for any project certified under s.
20 403.973 which creates jobs and meets criteria established by
21 the Office of Tourism, Trade and Economic Development as to
22 the project's impact on an area's economy, employment, and
23 prevailing wage and skill levels.
24 Section 2. Section 403.973, Florida Statutes, is
25 amended to read:
26 403.973 Expedited permitting.--
27 (1) It is the intent of the Legislature to encourage
28 and facilitate the location and expansion of those types of
29 economic development projects which offer job creation and
30 high wages, strengthen and diversify the state's economy, and
31 have been thoughtfully planned to take into consideration the
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 protection of the state's environment. It is also the intent
2 of the Legislature to provide for an expedited permitting
3 process for such projects.
4 (2) Definitions.--For the purposes of this section:
5 (a) "Jobs" means permanent, full-time equivalent
6 positions, not including construction jobs.
7 (b) "Office" means the Office of Tourism, Trade, and
8 Economic Development.
9 (c) "Permit applications" means state permits and
10 licenses and, at the option of a participating local
11 government, local development permits or orders.
12 (3)(a)(2) The Governor, through the office of Tourism,
13 Trade, and Economic Development, shall direct the creation of
14 regional permit action teams, for the purpose of expediting
15 review of permit applications and local comprehensive plan
16 amendment approvals submitted by businesses creating at least
17 100 jobs, or businesses creating the creation of at least 50
18 jobs if the project is located in an enterprise zone, in a
19 county having a population of less than 75,000 50,000 or in a
20 county having a population of less than 100,000 which is
21 contiguous to a county having a population of 75,000 50,000,
22 as determined by the most recent decennial census, residing in
23 incorporated and unincorporated areas of the county.
24 (b) On a case-by-case basis and at the request of a
25 county or municipal government, the office may certify as
26 eligible for expedited review a project not meeting the
27 minimum job creation thresholds but creating a minimum of 10
28 jobs. The recommendation from the governing body of the county
29 or municipality in which the project may be located is
30 required in order for the office to certify that any project
31 is eligible for expedited review under this paragraph. When
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 considering projects which do not meet the minimum job
2 creation thresholds but which are recommended by the governing
3 body in which the project may be located, the office shall
4 consider economic impact factors that include, but are not
5 limited to:
6 1. The proposed wage and skill levels relative to
7 those existing in the area in which the project may be
8 located.
9 2. The project's potential to diversify and strengthen
10 the area's economy.
11 3. The amount of capital investment.
12 4. The number of jobs that will be made available for
13 persons served by the WAGES program. Jobs are defined as
14 full-time equivalent positions not including construction
15 jobs.
16 (4) The regional teams shall be established through
17 the execution of memoranda of agreement between the office and
18 the respective heads of the Departments of Environmental
19 Protection, Community Affairs, Transportation, and Agriculture
20 and Consumer Services, the Game and Fresh Water Fish
21 Commission, appropriate regional planning councils, and any
22 appropriate water management districts, and voluntarily
23 participating municipalities and counties. The memoranda of
24 agreement should also accommodate participation in this
25 expedited process by local governments and federal agencies as
26 circumstances warrant.
27 (5)(a) In order to facilitate local governments'
28 option to participate in the expedited review process, the
29 office shall, in cooperation with local governments and
30 participating state agencies, create a standard form for a
31 memorandum of agreement for their use. A local government
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 shall hold a properly noticed public workshop to review and
2 explain to the public the expedited permitting process and the
3 terms and conditions of the standard form for a memorandum of
4 agreement.
5 (b) The local government shall hold a properly noticed
6 public hearing to execute a memorandum of agreement for each
7 qualified project. The memorandum of agreement a local
8 government signs shall include a provision identifying
9 necessary local government procedures and time limits which
10 shall be modified to allow for the local government decision
11 on the project within 90 days. The memorandum of agreement
12 shall apply to projects, on a case-by-case basis, that qualify
13 for special review and approval as specified in this section.
14 The memorandum of agreement shall make it clear that the
15 expedited permitting and review process does not modify,
16 qualify,or otherwise alter existing local government
17 nonprocedural standards for permit applications, unless
18 expressly authorized by law.
19 (c) At the option of a participating local government,
20 appeals of its final approval for a project may be pursuant to
21 the summary hearing provisions of s. 120.574 or pursuant to s.
22 403.973(13). The local government's decision to request a
23 summary hearing shall be made as provided in s. 120.574 or in
24 the memorandum of agreement.
25 (6)(3) Each memorandum of agreement shall include a
26 process for final agency action on permit applications and
27 local comprehensive plan amendment approvals within 90 days
28 after receipt of a completed application, unless the applicant
29 agrees to a longer time period or the office determines that
30 unforeseen or uncontrollable circumstances preclude final
31 agency action within the 90-day timeframe. Permit
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 applications governed by federally delegated or approved
2 permitting programs whose requirements would prohibit or be
3 inconsistent with the 90-day timeframe are exempt from this
4 provision but shall be processed by the agency with federally
5 delegated or approved program responsibility as expeditiously
6 as possible.
7 (7)(4) Each agreement shall be executed by the office
8 no later than January 1, 1997. The office shall inform the
9 Legislature by October February 1, 1997, and by October 1 of
10 each year thereafter, of which agencies have not entered into
11 or implemented an agreement, and shall identify any the
12 barriers to achieving success of such program an agreement for
13 legislative consideration and action, as necessary. The Office
14 of Program Performance and Government Accountability shall
15 study the implementation of the program and make
16 recommendations to the Governor and the Legislature by October
17 1, 1998 on how the program may be made more efficient and
18 effective.
19 (8)(5) The memoranda of agreement may provide for the
20 waiver or modification of procedural rules prescribing forms,
21 fees, procedures, or time limits for the review or processing
22 of permit applications under the jurisdiction of those
23 agencies that are party to the memoranda of agreement.
24 Notwithstanding any other provision of law to the contrary, a
25 memorandum of agreement shall, to the extent feasible, may
26 provide for proceedings and hearings otherwise held separately
27 by the parties to the memorandum of agreement to be combined
28 into one proceeding or held jointly and at one location. Such
29 waivers or modifications shall not be available for permit
30 applications governed by federally delegated or approved
31 permitting programs, the requirements of which would prohibit,
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 or be inconsistent with, such a waiver or modification.
2 (9)(6) The memoranda of agreement shall include
3 guidelines to be used in working with state, regional, and
4 local permitting authorities. Guidelines may include, but are
5 not limited to, the following:
6 (a) A central contact point for filing permit
7 applications and local comprehensive plan amendments and
8 obtaining information on permit and local comprehensive plan
9 amendment requirements;
10 (b) Identification of any individual individuals
11 within each respective agency who will be responsible for
12 processing the expedited permit application or local
13 comprehensive plan amendment for that agency;
14 (c) An agreement that any challenges be brought
15 pursuant to the summary hearing provisions of s. 120.54;
16 (c)(d) A mandatory preapplication review process to
17 reduce permitting conflicts by providing guidance to
18 applicants regarding the permits needed from each agency and
19 governmental entity, site planning and development, site
20 suitability and limitations, facility design, and steps the
21 applicant can take to ensure expeditious permit application
22 and local comprehensive plan amendment review. As a part of
23 this process, the first interagency meeting to discuss a
24 project shall be held within 14 days after the office's
25 determination that the project is eligible for expedited
26 review. Subsequent interagency meetings may be scheduled to
27 accommodate the needs of participating local governments which
28 are unable to meet public notice requirements for executing a
29 memorandum of agreement within such time frame. This
30 accommodation shall not exceed 45 days from the office's
31 determination that the project is eligible for expedited
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 review;
2 (d) The preparation of a single coordinated project
3 description form and checklist and an agreement by state and
4 regional agencies to reduce the burden on an applicant to
5 provide duplicate information to multiple agencies;
6 (e) Establishment of a process for the adoption and
7 review of any comprehensive plan amendment needed for any
8 certified project within 90 days after the submission of an
9 application for a local comprehensive plan amendment in the
10 memorandum of agreement previously authorized in this section.
11 Nothing in this agreement shall prevent affected persons as
12 defined in s. 163.3184 from appealing or participating in the
13 expedited permitting process and any review or appeals of
14 decisions made under the process; and
15 (f)(e) Additional incentives for any an applicant who
16 proposes to propose a project that provides a net ecosystem
17 benefit.
18 (10) Notwithstanding any other provision of law:
19 (a) Local comprehensive plan amendments for projects
20 qualified under this section are exempt from the twice-a-year
21 limits provision in s. 163.3187.
22 (b) Projects qualified under this section shall not be
23 subject to interstate highway level-of-service standards
24 adopted by the Department of Transportation for concurrency
25 purposes. The memoranda of agreement specified in subsection
26 (5) shall include a process by which the applicant will be
27 assessed a fair share of the cost of mitigating the project's
28 significant traffic impacts, as defined in chapter 380 and
29 related rules.
30 (11) Appeals of actions by state agencies
31 participating in the expedited permitting process for projects
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 processed under this section shall be pursuant to the summary
2 hearing provisions of s. 120.574, except the administrative
3 law judge's decision, as provided in s. 120.574(2)(f), shall
4 be in the form of a recommended order and shall not be the
5 final action of the state agency. In any proceeding in which
6 only one state agency action is appealed, the state agency
7 shall issue the final order within 5 working days after
8 receipt of the administrative law judge's recommended order.
9 In any proceeding in which the actions of more than one state
10 agency are appealed, the Governor shall issue the final order
11 within 5 working days after receipt of the administrative law
12 judge's recommended order. The participating state agencies
13 may opt, at the preliminary hearing conference, to allow the
14 administrative law judge's decision to be the final agency
15 action. If a participating local government agrees to
16 participate in the summary hearing provisions of s. 120.574
17 for purposes of review of local government comprehensive plan
18 amendments, s. 163.3184(9) and (10) shall apply.
19 (12)(7) This expedited permitting process shall not
20 modify, qualify, or otherwise alter existing agency
21 nonprocedural standards for permit applications or local
22 comprehensive plan amendments approval, unless expressly
23 authorized by law. If it is determined that the applicant
24 company is not eligible to use this process, the applicant may
25 not use this process but may apply for a company must permit
26 for the project through the normal permitting processes.
27 (13)(8) The office of Tourism, Trade, and Economic
28 Development shall be responsible for certifying a business as
29 eligible for undergoing expedited review under this section
30 agreement. Enterprise Florida, Inc., a county or municipal
31 government, or the Rural Economic Development Initiative may
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 recommend to the office of Tourism, Trade, and Economic
2 Development that a project meeting the minimum job creation
3 threshold undergo expedited review. On a case-by-case basis
4 and at the request of a county or municipal government, the
5 office may allow a business not meeting the minimum job
6 creation threshold, but creating a minimum of 25 jobs, to use
7 the expedited permit review process. The recommendation from
8 the governing body of the county or municipality in which the
9 project may be located is required in order for the Office of
10 Tourism, Trade, and Economic Development to certify that any
11 project is eligible for expedited review under this part.
12 (14)(9) The office of Tourism, Trade, and Economic
13 Development, working with the Rural Economic Development
14 Initiative and the agencies participating in teams established
15 through the memoranda of agreement, shall provide technical
16 assistance in preparing permit applications and local
17 comprehensive plan amendments permits for counties having a
18 population of less than 75,000 50,000 residents, or counties
19 having less than 100,000 residents which are contiguous to
20 counties having less than 75,000 50,000 residents. Additional
21 assistance may include, but not be limited to, guidance in
22 land development regulations and permitting processes, working
23 cooperatively with state, regional, and local entities to
24 identify areas within these counties which may be suitable or
25 adaptable for preclearance review of specified types of land
26 uses and other activities requiring permits.
27 (15)(10) The following projects are ineligible for
28 review under this part:
29 (a) A project funded and operated by a local
30 government, as defined in s. 377.709, and located within that
31 government's jurisdiction.
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 (b) A project, the primary purpose of which is to:
2 1. Effect the final disposal of solid waste,
3 biomedical waste, or hazardous waste in this state.
4 2. Produce electrical power, unless the production of
5 electricity is incidental and not the primary function of the
6 project.
7 3. Extract natural resources.
8 4. Produce oil.
9 5. Construct, maintain, or operate an oil, petroleum,
10 natural gas, or sewage pipeline.
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14 And the title is amended as follows:
15 On page 1........., line(s) 3-18......,
16 remove from the title of the bill: all of said lines,
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18 and insert in lieu thereof:
19 amending s. 380.06, F.S.; providing an
20 additional criterion for statewide guildelines
21 and standards for certain cevelopments;
22 providing revised substantial deviation
23 numerical standards for certain projects;
24 amending s. 403.973, F.S.; revising provisions
25 relating to expedited permitting; providing
26 definitions; including local comprehensive plan
27 amendments within the expedited review process;
28 providing additional criteria for expedited
29 review of certain projects; providing for
30 facilitating participation by local governments
31 in the expedited review process; requiring
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HOUSE AMENDMENT
hbd-32 Bill No. HB 215
Amendment No. (for drafter's use only)
1 public workshops and hearings; providing
2 requirements for memoranda of agreement;
3 providing for appeals; providing duties of the
4 Office of Program Performance and Government
5 Accountability; exempting certain projects from
6 certain requirements; specifying procedures
7 relating to certain appeals of agency actions;
8 providing an effective date.
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