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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  4                                                                

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10                                                                

11  Representative(s) Lynn offered the following:

12

13         Amendment (with title amendment) 

14         On page 1........., line(s) 21........,

15  remove from the bill:  everything after the enacting clause,

16

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.

11

12

13  ================ T I T L E   A M E N D M E N T ===============

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,

17

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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