CODING: Words stricken are deletions; words underlined are additions.House Bill 0215c1
Florida House of Representatives - 1997 CS/HB 215
By the Committee on Governmental Rules & Regulations and
Representatives Lynn, Wallace, Argenziano, Byrd and Culp
1 A bill to be entitled
2 An act relating to growth management; amending
3 s. 380.06, F.S.; revising statewide guidelines
4 and standards and substantial deviations for
5 developments of regional impact; amending s.
6 403.973, F.S.; providing for an expedited
7 permitting process for economic development
8 projects and comprehensive plan amendments;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Paragraph (d) of subsection (2) and
14 paragraph (b) of subsection (19) of section 380.06, Florida
15 Statutes, 1996 Supplement, are amended to read:
16 380.06 Developments of regional impact.--
17 (2) STATEWIDE GUIDELINES AND STANDARDS.--
18 (d) The guidelines and standards shall be applied as
19 follows:
20 1. Fixed thresholds.--
21 a. A development that is at or below 80 percent of all
22 numerical thresholds in the guidelines and standards shall not
23 be required to undergo development-of-regional-impact review.
24 b. A development that is at or above 120 percent of
25 any numerical threshold shall be required to undergo
26 development-of-regional-impact review.
27 c. Projects certified under s. 403.973 which create at
28 least 100 jobs and meet the criteria of the Office of Tourism,
29 Trade, and Economic Development as to their impact on an
30 area's economy, employment, and prevailing wage and skill
31 levels that are at or below 100 percent of the numerical
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1 thresholds for industrial plants, industrial parks,
2 distribution, warehousing or wholesaling facilities, office
3 development or multiuse projects other than residential, as
4 described in s. 380.0651(3)(c), (d), and (i), are not required
5 to undergo development-of-regional-impact review.
6 2. Rebuttable presumptions.--
7 a. It shall be presumed that a development that is
8 between 80 and 100 percent of a numerical threshold shall not
9 be required to undergo development-of-regional-impact review.
10 b. It shall be presumed that a development that is at
11 100 percent or between 100 and 120 percent of a numerical
12 threshold shall be required to undergo
13 development-of-regional-impact review.
14 (19) SUBSTANTIAL DEVIATIONS.--
15 (b) Any proposed change to a previously approved
16 development of regional impact or development order condition
17 which, either individually or cumulatively with other changes,
18 exceeds any of the following criteria shall constitute a
19 substantial deviation and shall cause the development to be
20 subject to further development-of-regional-impact review
21 without the necessity for a finding of same by the local
22 government:
23 1. An increase in the number of parking spaces at an
24 attraction or recreational facility by 5 percent or 300
25 spaces, whichever is greater, or an increase in the number of
26 spectators that may be accommodated at such a facility by 5
27 percent or 1,000 spectators, whichever is greater.
28 2. A new runway, a new terminal facility, a 25-percent
29 lengthening of an existing runway, or a 25-percent increase in
30 the number of gates of an existing terminal, but only if the
31 increase adds at least three additional gates. However, if an
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1 airport is located in two counties, a 10-percent lengthening
2 of an existing runway or a 20-percent increase in the number
3 of gates of an existing terminal is the applicable criteria.
4 3. An increase in the number of hospital beds by 5
5 percent or 60 beds, whichever is greater.
6 4. An increase in industrial development area by 5
7 percent or 32 acres, whichever is greater.
8 5. An increase in the average annual acreage mined by
9 5 percent or 10 acres, whichever is greater, or an increase in
10 the average daily water consumption by a mining operation by 5
11 percent or 300,000 gallons, whichever is greater. An increase
12 in the size of the mine by 5 percent or 750 acres, whichever
13 is less.
14 6. An increase in land area for office development by
15 5 percent or 6 acres, whichever is greater, or an increase of
16 gross floor area of office development by 5 percent or 60,000
17 gross square feet, whichever is greater.
18 7. An increase in the storage capacity for chemical or
19 petroleum storage facilities by 5 percent, 20,000 barrels, or
20 7 million pounds, whichever is greater.
21 8. An increase of development at a waterport of wet
22 storage for 20 watercraft, dry storage for 30 watercraft, or
23 wet/dry storage for 60 watercraft in an area identified in the
24 state marina siting plan as an appropriate site for additional
25 waterport development or a 5-percent increase in watercraft
26 storage capacity, whichever is greater.
27 9. An increase in the number of dwelling units by 5
28 percent or 50 dwelling units, whichever is greater.
29 10. An increase in commercial development by 6 acres
30 of land area or by 50,000 square feet of gross floor area, or
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1 of parking spaces provided for customers for 300 cars or a
2 5-percent increase of any of these, whichever is greater.
3 11. An increase in hotel or motel facility units by 5
4 percent or 75 units, whichever is greater.
5 12. An increase in a recreational vehicle park area by
6 5 percent or 100 vehicle spaces, whichever is less.
7 13. A decrease in the area set aside for open space of
8 5 percent or 20 acres, whichever is less.
9 14. A proposed increase to an approved multiuse
10 development of regional impact where the sum of the increases
11 of each land use as a percentage of the applicable substantial
12 deviation criteria is equal to or exceeds 100 percent. The
13 percentage of any decrease in the amount of open space shall
14 be treated as an increase for purposes of determining when 100
15 percent has been reached or exceeded.
16 15. A 15-percent increase in the number of external
17 vehicle trips generated by the development above that which
18 was projected during the original
19 development-of-regional-impact review.
20 16. Any change which would result in development of
21 any area which was specifically set aside in the application
22 for development approval or in the development order for
23 preservation or special protection of endangered or threatened
24 plants or animals designated as endangered, threatened, or
25 species of special concern and their habitat, primary dunes,
26 or archaeological and historical sites designated as
27 significant by the Division of Historical Resources of the
28 Department of State. The further refinement of such areas by
29 survey shall be considered under sub-subparagraph (e)5.b.
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1 The substantial deviation numerical standards in subparagraphs
2 4., 6., 10., 14., excluding residential uses, and 15., are
3 increased by 100 percent for a project certified under s.
4 403.973 which creates jobs and meets criteria established by
5 the Office of Tourism, Trade, and Economic Development as to
6 its impact on an area's economy, employment, and prevailing
7 wage and skill levels.
8 Section 2. Section 403.973, Florida Statutes, 1996
9 Supplement, is amended to read:
10 403.973 Expedited permitting; comprehensive plan
11 amendments.--
12 (1) It is the intent of the Legislature to encourage
13 and facilitate the location and expansion of those types of
14 economic development projects which offer job creation and
15 high wages, strengthen and diversify the state's economy, and
16 have been thoughtfully planned to take into consideration the
17 protection of the state's environment. It is also the intent
18 of the Legislature to provide for an expedited permitting and
19 comprehensive plan amendment process for such projects.
20 (2) As used in this section, the term:
21 (a) "Duly noticed" means publication in a newspaper of
22 general circulation in the municipality or county with
23 jurisdiction. The notice shall appear on at least 2 separate
24 days one of which shall be at least 7 days prior to the
25 meeting. The notice shall state the date, time, and place of
26 the meeting scheduled to discuss or enact the memorandum of
27 agreement, and the places within the municipality or county
28 where such proposed memorandum of agreement may be inspected
29 by the public. The notice shall be one-eighth of a page in
30 size, and shall be published in a portion of the paper other
31 than the legal notices section. The notice shall also advise
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1 that interested parties may appear at the meeting and be heard
2 with respect to the memorandum of agreement.
3 (b) "Jobs" means permanent, full-time equivalent
4 positions not including construction jobs.
5 (c) "Office" means the Office of Tourism, Trade, and
6 Economic Development.
7 (d) "Permit applications" means state permits and
8 licenses, and at the option of a participating local
9 government, local development permits or orders.
10 (3)(2) The Governor, through the office of Tourism,
11 Trade, and Economic Development, shall direct the creation of
12 regional permit action teams, for the purpose of expediting
13 review of permit applications and local comprehensive plan
14 amendments submitted by:
15 (a) Businesses creating at least 100 jobs, or
16 (b) Businesses creating the creation of at least 50
17 jobs if the project is located in an enterprise zone, or in a
18 county having a population of less than 75,000 50,000 or in a
19 county having a population of less than 100,000 which is
20 contiguous to a county having a population of less than 75,000
21 50,000, as determined by the most recent decennial census,
22 residing in incorporated and unincorporated areas of the
23 county, or.
24 (c) 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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1 considering projects that do not meet the minimum job creation
2 thresholds but that are recommended by the governing body in
3 which the project may be located, the office shall consider
4 economic impact factors that include, but are not limited to:
5 1. The proposed wage and skill levels relative to
6 those existing in the area in which the project may be
7 located;
8 2. The project's potential to diversify and strengthen
9 the area's economy;
10 3. The amount of capital investment; and
11 4. The number of jobs that will be made available for
12 persons served by the WAGES program. Jobs are defined as
13 full-time equivalent positions not including construction
14 jobs.
15 (4) The regional teams shall be established through
16 the execution of memoranda of agreement between the office and
17 the respective heads of the Departments of Environmental
18 Protection, Community Affairs, Transportation, and Agriculture
19 and Consumer Services, the Game and Fresh Water Fish
20 Commission, appropriate regional planning councils, and any
21 appropriate water management districts, and voluntarily
22 participating municipalities and counties. The memoranda of
23 agreement should also accommodate participation in this
24 expedited process by other local governments and federal
25 agencies as circumstances warrant.
26 (5) In order to facilitate local government's option
27 to participate in this expedited review process, the office
28 shall, in cooperation with local governments and participating
29 state agencies, create a standard form memorandum of
30 agreement. A local government shall hold a duly noticed public
31 workshop to review and explain to the public the expedited
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1 permitting process and the terms and conditions of the
2 standard form memorandum of agreement.
3 (6) The local government shall hold a duly noticed
4 public hearing to execute a memorandum of agreement for each
5 qualified project. The memorandum of agreement that a local
6 government signs shall include a provision identifying
7 necessary local government procedures and time limits that
8 will be modified to allow for the local government decision on
9 the project within 90 days. The memorandum of agreement
10 applies to projects, on a case-by-case basis, that qualify for
11 special review and approval as specified in this section. The
12 memorandum of agreement must make it clear that this expedited
13 permitting and review process does not modify, qualify, or
14 otherwise alter existing local government nonprocedural
15 standards for permit applications, unless expressly authorized
16 by law.
17 (7) At the option of the participating local
18 government, appeals of its final approval for a project may be
19 pursuant to the summary hearing provisions of s. 120.574,
20 pursuant to s. 403.973(13), or pursuant to other appellate
21 processes available to the local government. The local
22 government's decision to enter into a summary hearing must be
23 made as provided in s. 120.574 or in the memorandum of
24 agreement.
25 (8)(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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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 must be processed by the agency with federally
5 delegated or approved program responsibility as expeditiously
6 as possible.
7 (9)(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 every October
10 thereafter, of which agencies have not entered into or
11 implemented an agreement, and identify any the barriers to
12 achieving success of the program. The Office of Program Policy
13 Analysis and Government Accountability shall study the
14 implementation of this program and make recommendations to the
15 Governor and the Legislature by October 1, 1998, on how this
16 program may be made more efficient and effective. an agreement
17 for legislative consideration and action, as necessary.
18 (10)(5) The memoranda of agreement may provide for the
19 waiver or modification of procedural rules prescribing forms,
20 fees, procedures, or time limits for the review or processing
21 of permit applications under the jurisdiction of those
22 agencies that are party to the memoranda of agreement.
23 Notwithstanding any other provision of law to the contrary, a
24 memorandum of agreement must to the extent feasible may
25 provide for proceedings and hearings otherwise held separately
26 by the parties to the memorandum of agreement to be combined
27 into one proceeding or held jointly and at one location. Such
28 waivers or modifications shall not be available for permit
29 applications governed by federally delegated or approved
30 permitting programs, the requirements of which would prohibit,
31 or be inconsistent with, such a waiver or modification.
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1 (11)(6) The memoranda of agreement shall include
2 guidelines to be used in working with state, regional, and
3 local permitting authorities. Guidelines may include, but are
4 not limited to, the following:
5 (a) A central contact point for filing permit
6 applications and local comprehensive plan amendments and for
7 obtaining information on permit and local comprehensive plan
8 amendment requirements;
9 (b) Identification of the individual or individuals
10 within each respective agency who will be responsible for
11 processing the expedited permit application or local
12 comprehensive plan amendment for that agency;
13 (c) An agreement that any challenges be brought
14 pursuant to the summary hearing provisions of s. 120.54;
15 (c)(d) A mandatory preapplication review process to
16 reduce permitting conflicts by providing guidance to
17 applicants regarding the permits needed from each agency and
18 governmental entity, site planning and development, site
19 suitability and limitations, facility design, and steps the
20 applicant can take to ensure expeditious permit application
21 and local comprehensive plan amendment review. As a part of
22 this process, the first interagency meeting to discuss a
23 project shall be held within 14 days after the office's
24 determination that the project is eligible for expedited
25 review. Subsequent interagency meetings may be scheduled to
26 accommodate the needs of participating local governments that
27 are unable to meet public notice requirements for executing a
28 memorandum of agreement within this timeframe. This
29 accommodation may not exceed 45 days from the office's
30 determination that the project is eligible for expedited
31 review;
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1 (d) The preparation of a single coordinated project
2 description form and checklist and an agreement by state and
3 regional agencies to reduce the burden on an applicant to
4 provide duplicate information to multiple agencies;
5 (e) Establishment of a process for the adoption and
6 review of any comprehensive plan amendment needed by any
7 certified project within 90 days after the submission of an
8 application for a comprehensive plan amendment. However, the
9 memorandum of agreement may not prevent affected persons as
10 defined in s. 163.3184 from appealing or participating in this
11 expedited plan amendment process and any review or appeals of
12 decisions made under this paragraph; and
13 (f)(e) Additional incentives for an applicant who
14 proposes to propose a project that provides a net ecosystem
15 benefit.
16 (12) Notwithstanding any other provisions of law:
17 (a) Local comprehensive plan amendments for projects
18 qualified under this section are exempt from the twice-a-year
19 limits provision in s. 163.3187; and
20 (b) Projects qualified under this section are not
21 subject to interstate highway level of service standards
22 adopted by the Department of Transportation for concurrency
23 purposes. The memorandum of agreement specified in subsection
24 (5) must include a process by which the applicant will be
25 assessed a fair share of the cost of mitigating the project's
26 significant traffic impacts, as defined in chapter 380 and
27 related rules.
28 (13) Challenges to state agency action in the
29 expedited permitting process for projects processed under this
30 section are subject to the summary hearing provisions of s.
31 120.574, except that the administrative law judge's decision,
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1 as provided in s. 120.574(2)(f), shall be in the form of a
2 recommended order and shall not constitute the final action of
3 the state agency. In those proceedings where the action of
4 only one agency of the state is challenged, the agency of the
5 state shall issue the final order within 10 working days of
6 receipt of the administrative law judge's recommended order.
7 In those proceedings where the actions of more than one agency
8 of the state are challenged, the Governor shall issue the
9 final order within 10 working days of receipt of the
10 administrative law judge's recommended order. The
11 participating agencies of the state may opt at the preliminary
12 hearing conference to allow the administrative law judge's
13 decision to constitute the final agency action. If a
14 participating local government agrees to participate in the
15 summary hearing provisions of s. 120.574 for purposes of
16 review of local government comprehensive plan amendments, s.
17 163.3184(9) and (10) apply.
18 (14)(7) This expedited permitting process shall not
19 modify, qualify, or otherwise alter existing agency
20 nonprocedural standards for permit applications or local
21 comprehensive plan amendments approval, unless expressly
22 authorized by law. If it is determined that the applicant
23 company is not eligible to use this process, the applicant may
24 apply for permitting of company must permit the project
25 through the normal permitting processes.
26 (15)(8) The office of Tourism, Trade, and Economic
27 Development shall be responsible for certifying a business as
28 eligible for undergoing expedited review under this section
29 agreement. Enterprise Florida, Inc., a county or municipal
30 government, or the Rural Economic Development Initiative may
31 recommend to the Office of Tourism, Trade, and Economic
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1 Development that a project meeting the minimum job creation
2 threshold undergo expedited review. On a case-by-case basis
3 and at the request of a county or municipal government, the
4 office may allow a business not meeting the minimum job
5 creation threshold, but creating a minimum of 25 jobs, to use
6 the expedited permit review process. The recommendation from
7 the governing body of the county or municipality in which the
8 project may be located is required in order for the Office of
9 Tourism, Trade, and Economic Development to certify that any
10 project is eligible for expedited review under this part.
11 (16)(9) The office of Tourism, Trade, and Economic
12 Development, working with the Rural Economic Development
13 Initiative and the agencies participating in teams established
14 through the memoranda of agreement, shall provide technical
15 assistance in preparing permit applications and local
16 comprehensive plan amendments permits for counties having a
17 population of less than 75,000 50,000 residents, or counties
18 having fewer less than 100,000 residents which are contiguous
19 to counties having fewer less than 75,000 50,000 residents.
20 Additional assistance may include, but not be limited to,
21 guidance in land development regulations and permitting
22 processes, working cooperatively with state, regional, and
23 local entities to identify areas within these counties which
24 may be suitable or adaptable for preclearance review of
25 specified types of land uses and other activities requiring
26 permits.
27 (17)(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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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 Section 3. This act shall take effect October 1, 1997.
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