House Bill 2055

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1999                HB 2055

        By Representative Constantine






  1                      A bill to be entitled

  2         An act relating to expedited permitting;

  3         providing legislative intent with respect to

  4         creating a statewide one-stop permitting

  5         system; amending s. 14.2015, F.S.; deleting

  6         provisions authorizing the Office of Tourism,

  7         Trade, and Economic Development to make

  8         recommendations to the Legislature on improving

  9         permitting procedures; amending s. 288.021,

10         F.S.; authorizing the appointment of certain

11         economic development liaisons; creating s.

12         288.109, F.S.; requiring that the Department of

13         Management Services establish a One-Stop

14         Permitting System using the Internet; providing

15         requirements for the system; requiring that the

16         department develop a protocol for adding state

17         agencies and counties to the One-Stop

18         Permitting System; specifying the various state

19         agencies to be provided access to the system;

20         requiring a permit that is filed using the

21         One-Stop Permitting System to be approved or

22         denied within a specified time; providing for a

23         temporary waiver of certain permit fees for

24         applications filed using the One-Stop

25         Permitting System; creating s. 288.1092, F.S.;

26         creating the One-Stop Permitting System Grant

27         Program within the Department of Management

28         Services; providing for grant moneys to be

29         awarded to counties certified as Quick

30         Permitting Counties; providing requirements for

31         the use of grant moneys; creating s. 288.1093,

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         F.S.; creating the Quick Permitting County

  2         Designation Program within the Department of

  3         Management Services; providing criteria under

  4         which the department may designate a county as

  5         a Quick Permitting County; creating s.

  6         288.1095, F.S.; requiring that the Office of

  7         Tourism, Trade, and Economic Development,

  8         Enterprise Florida, Inc., and state agencies

  9         provide information on the One-Stop Permitting

10         System and the Quick Permitting Counties;

11         repealing ss. 403.950, 403.951, 403.952,

12         403.953, 403.954, 403.955, 403.9551, 403.956,

13         403.957, 403.958, 403.959, 403.960, 403.961,

14         403.9615, 403.962, 403.963, 403.964, 403.965,

15         403.966, 403.967, 403.968, 403.969, 403.970,

16         403.971, and 403.972, F.S., relating to the

17         Florida Jobs Siting Act; amending s. 403.973,

18         F.S.; providing that certain projects located

19         in certain counties may be certified as

20         eligible for expedited permitting; requiring

21         that the Office of Tourism, Trade, and Economic

22         Development delegate certain responsibilities

23         to a county designated as a Quick Permitting

24         County; requiring a memorandum of agreement for

25         projects that qualify for expedited review;

26         providing requirements for such memoranda of

27         agreement; deleting obsolete provisions;

28         providing an appropriation; providing an

29         effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         Section 1.  Legislative intent.--It is the intent of

  2  the Legislature to create a functional statewide one-stop

  3  permitting system in order to make permitting in this state

  4  more user-friendly without diminishing environmental, public

  5  health, or safety standards. In addition, the Legislature

  6  intends to encourage local governments to expedite and

  7  streamline permitting, to adopt best management practices, and

  8  to integrate the local permitting process with the statewide

  9  one-stop permitting process.

10         Section 2.  Paragraph (g) of subsection (2) and

11  subsection (6) of section 14.2015, Florida Statutes, 1998

12  Supplement, are amended to read:

13         14.2015  Office of Tourism, Trade, and Economic

14  Development; creation; powers and duties.--

15         (2)  The purpose of the Office of Tourism, Trade, and

16  Economic Development is to assist the Governor in working with

17  the Legislature, state agencies, business leaders, and

18  economic development professionals to formulate and implement

19  coherent and consistent policies and strategies designed to

20  provide economic opportunities for all Floridians.  To

21  accomplish such purposes, the Office of Tourism, Trade, and

22  Economic Development shall:

23         (g)1.  Administer the Florida Enterprise Zone Act under

24  ss. 290.001-290.016, the community contribution tax credit

25  program under ss. 220.183 and 624.5105, the tax refund program

26  for qualified target industry businesses under s. 288.106,

27  contracts for transportation projects under s. 288.063, the

28  sports franchise facility program under s. 288.1162, the

29  professional golf hall of fame facility program under s.

30  288.1168, the expedited permitting process under s. 403.973,

31  the Florida Jobs Siting Act under ss. 403.950-403.972, the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  Rural Community Development Revolving Loan Fund under s.

  2  288.065, the Regional Rural Development Grants Program under

  3  s. 288.018, the Certified Capital Company Act under s. 288.99,

  4  the Florida State Rural Development Council, and the Rural

  5  Economic Development Initiative.

  6         2.  The office may enter into contracts in connection

  7  with the fulfillment of its duties concerning the Florida

  8  First Business Bond Pool under chapter 159, tax incentives

  9  under chapters 212 and 220, tax incentives under the Certified

10  Capital Company Act in chapter 288, foreign offices under

11  chapter 288, the Enterprise Zone program under chapter 290,

12  the Seaport Employment Training program under chapter 311, the

13  Florida Professional Sports Team License Plates under chapter

14  320, Spaceport Florida under chapter 331, Job Siting and

15  Expedited Permitting under chapter 403, and in carrying out

16  other functions that are specifically assigned to the office

17  by law.

18         (6)(a)  In order to improve the state's regulatory

19  environment, the Office of Tourism, Trade, and Economic

20  Development shall consider the impact of agency rules on

21  businesses, provide one-stop permit information and

22  assistance, and serve as an advocate for businesses,

23  particularly small businesses, in their dealings with state

24  agencies.

25         (b)  As used in this subsection, the term "permit"

26  means any approval of an agency required as a condition of

27  operating a business in this state, including, but not limited

28  to, licenses and registrations.

29         (b)(c)  The office shall have powers and duties to:

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         1.  Review proposed agency actions for impacts on small

  2  businesses and offer alternatives to mitigate such impacts, as

  3  provided in s. 120.54.

  4         2.  In consultation with the Governor's rules

  5  ombudsman, make recommendations to agencies on any existing

  6  and proposed rules for alleviating unnecessary or

  7  disproportionate adverse effects to businesses.

  8         3.  Make recommendations to the Legislature and to

  9  agencies for improving permitting procedures affecting

10  business activities in the state. By October 1, 1997, and

11  annually thereafter, the Office of Tourism, Trade, and

12  Economic Development shall submit a report to the Legislature

13  containing the following:

14         a.  An identification and description of methods to

15  eliminate, consolidate, simplify, or expedite permits.

16         b.  An identification and description of those agency

17  rules repealed or modified during each calendar year to

18  improve the regulatory climate for businesses operating in the

19  state.

20         c.  A recommendation for an operating plan and funding

21  level for establishing an automated one-stop permit registry

22  to provide the following services:

23         (I)  Access by computer network to all permit

24  applications and approval requirements of each state agency.

25         (II)  Assistance in the completion of such

26  applications.

27         (III)  Centralized collection of any permit fees and

28  distribution of such fees to agencies.

29         (IV)  Submission of application data and circulation of

30  such data among state agencies by computer network.

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  If the Legislature establishes such a registry, subsequent

  2  annual reports must cover the status and performance of this

  3  registry.

  4         4.  Serve as a clearinghouse for information on which

  5  permits are required for a particular business and on the

  6  respective application process, including criteria applied in

  7  making a determination on a permit application. Each state

  8  agency that requires a permit, license, or registration for a

  9  business shall submit to the Office of Tourism, Trade, and

10  Economic Development by August 1 of each year a list of the

11  types of businesses and professions that it regulates and of

12  each permit, license, or registration that it requires for a

13  type of business or profession.

14         5.  Obtain information and permit applications from

15  agencies and provide such information and permit applications

16  to the public.

17         6.  Arrange, upon request, informal conferences between

18  a business and an agency to clarify regulatory requirements or

19  standards or to identify and address problems in the permit

20  review process.

21         7.  Determine, upon request, the status of a particular

22  permit application.

23         8.  Receive complaints and suggestions concerning

24  permitting policies and activities of governmental agencies

25  which affect businesses.

26         (c)(d)  Use of the services authorized in this

27  subsection does not preclude a person or business from dealing

28  directly with an agency.

29         (d)(e)  In carrying out its duties under this

30  subsection, the Office of Tourism, Trade, and Economic

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  Development may consult with state agency personnel appointed

  2  to serve as economic development liaisons under s. 288.021.

  3         (f)  The office shall clearly represent that its

  4  services are advisory, informational, and facilitative only.

  5  Advice, information, and assistance rendered by the office

  6  does not relieve any person or business from the obligation to

  7  secure a required permit. The office is not liable for any

  8  consequences resulting from the failure to issue or to secure

  9  a required consequences resulting from the failure to issue or

10  to secure a required permit. However, an applicant who uses

11  the services of the office and who receives a written

12  statement identifying required state permits relating to a

13  business activity may not be assessed a penalty for failure to

14  obtain a state permit that was not identified, if the

15  applicant submits an application for each such permit within

16  60 days after written notification from the agency responsible

17  for issuing the permit.

18         Section 3.  Subsection (1) of section 288.021, Florida

19  Statutes, is amended to read:

20         288.021  Economic development liaison.--

21         (1)  The heads of the Department of Transportation, the

22  Department of Environmental Protection and an additional

23  member appointed by the secretary of the department, the

24  Department of Labor and Employment Security, the Department of

25  Education, the Department of Community Affairs, the Department

26  of Management Services, the Department of Revenue, and the

27  Game and Fresh Water Fish Commission, each water management

28  district, and each Department of Transportation District

29  office shall designate a high-level staff member from within

30  such agency to serve as the economic development liaison for

31  the agency. This person shall report to the agency head and

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  have general knowledge both of the state's permitting and

  2  other regulatory functions and of the state's economic goals,

  3  policies, and programs. This person shall also be the primary

  4  point of contact for the agency with the Office of Tourism,

  5  Trade, and Economic Development on issues and projects

  6  important to the economic development of Florida, including

  7  its rural areas, to expedite project review, to ensure a

  8  prompt, effective response to problems arising with regard to

  9  permitting and regulatory functions, and to work closely with

10  the other economic development liaisons to resolve interagency

11  conflicts.

12         Section 4.  Section 288.109, Florida Statutes, is

13  created to read:

14         288.109  One-Stop Permitting System.--

15         (1)  By January 1, 2000, the Department of Management

16  Services must establish and implement an Internet site for the

17  One-Stop Permitting System. The One-Stop Permitting System

18  Internet site shall provide individuals and businesses with

19  information concerning development permits; guidance on what

20  development permits are needed for particular projects; permit

21  requirements; and who may be contacted for more information

22  concerning a particular development permit for a specific

23  location. The department shall design and construct the

24  Internet site and may competitively procure and contract for

25  services to develop the site. In designing and constructing

26  the Internet site, the department must solicit input from

27  potential users of the site.

28         (2)  The department shall develop the One-Stop

29  Permitting System Internet site to allow an applicant to

30  complete and submit application forms for development permits

31  to agencies and counties. The Internet site must be capable of

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  allowing an applicant to submit payment for permit fees and

  2  must provide payment options. After initially establishing the

  3  Internet site, the department shall implement, in the most

  4  timely manner possible, the capabilities described in this

  5  subsection. The department shall also develop a protocol for

  6  adding to the One-Stop Permitting System additional state

  7  agencies and counties that agree to participate. The

  8  department may competitively procure and contract for services

  9  to develop such capabilities.

10         (3)  As used in this section, the term "development

11  permit" includes any state, regional, or local permits or

12  approvals necessary for the physical location or expansion of

13  a business, including, but not limited to:

14         (a)  Wetland or environmental resource permits.

15         (b)  Surface-water management permits.

16         (c)  Stormwater permits.

17         (d)  Site-plan approvals.

18         (e)  Zoning approvals and comprehensive plan

19  amendments.

20         (f)  Building permits.

21         (g)  Transportation concurrency approvals.

22         (h)  Consumptive water-use permits.

23         (i)  Wastewater permits.

24         (4)  The One-Stop Permitting System must initially

25  provide access to the following state agencies and counties,

26  with other agencies and counties that agree to participate:

27         (a)  The Department of Environmental Protection.

28         (b)  The Department of Community Affairs.

29         (c)  The Department of Management Services.

30         (d)  The Department of Transportation, including

31  district offices.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         (e)  The Northwest Florida Water Management District.

  2         (f)  The St. Johns River Water Management District.

  3         (g)  The Southwest Florida Water Management District.

  4         (h)  The Suwannee River Water Management District.

  5         (i)  The South Florida Water Management District.

  6         (j)  Selected counties that agree to participate.

  7         (5)  By January 1, 2001, the following state agencies,

  8  and the programs within such agencies which require the

  9  issuance of licenses, permits, and approvals to businesses,

10  must also be integrated into the One-Stop Permitting System:

11         (a)  The Department of Agriculture and Consumer

12  Services.

13         (b)  The Department of Business and Professional

14  Regulation.

15         (c)  The Department of Health.

16         (d)  The Department of Insurance.

17         (e)  The Department of Labor and Employment Security.

18         (f)  The Department of Revenue.

19         (g)  The Department of State.

20         (h)  The Fish and Wildlife Conservation Commission.

21         (i)  Other state agencies.

22         (6)  The department may add counties and municipalities

23  to the One-Stop Permitting System as such local governments

24  agree to participate and develop the technical capability of

25  joining the system.

26         (7)  To the extent feasible, state agencies are

27  directed to develop and implement on-line permitting systems.

28         (8)  Notwithstanding the provisions of s. 120.60(1),

29  each completed application for a permit or license filed using

30  the One-Stop Permitting System must be approved or denied

31  within 60 days after its receipt.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         (9)  Each agency shall maintain a record of the time

  2  required for that agency to process each application that is

  3  filed using the One-Stop Permitting System and submit a report

  4  to the President of the Senate and the Speaker of the House of

  5  Representatives by January 1 of each year which compiles such

  6  information.

  7         (10)  Notwithstanding any other provision of law or

  8  administrative rule to the contrary, the fee imposed by a

  9  state agency or water management district for issuing a permit

10  shall be waived for a 6-month period beginning on the date the

11  state agency or water management district begins accepting

12  permit applications over the Internet and the applicant

13  submits the permit to the agency or district using the

14  One-Stop Permitting System. The 6-month fee waiver shall not

15  apply to permit fees assessed by the Electrical Power Plant

16  Siting Act, ss. 403.501-403.519, the Transmission Line Siting

17  Act, ss. 403.52-403.5365; the Statewide Multi-purpose

18  Hazardous Waste Facility Siting Act, ss. 403.78-403.7893; the

19  Natural Gas Pipeline Siting Act, ss. 403.9401-403.9425; and

20  the Florida High Speed Rail Transportation Siting Act, ss.

21  341.3201-341.386.

22         Section 5.  Section 288.1092, Florida Statutes, is

23  created to read:

24         288.1092  One-Stop Permitting Grant Program.--There is

25  created within the Department of Management Services the

26  One-Stop Permitting System Grant Program. The purpose of the

27  grant program is to encourage counties to coordinate and

28  integrate the development of the county's permitting process

29  with the One-Stop Permitting System. The department shall

30  review grant applications and, subject to available funds, if

31  a county is certified as a Quick Permitting County under s.

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  288.1093, shall award a grant of up to $50,000 to provide for

  2  such integration. The department must review a grant

  3  application for consistency with the purpose of the One-Stop

  4  Permitting System to provide access to development permit

  5  information and application forms. Grants shall be issued on a

  6  first-come, first-served basis to qualified Quick Permitting

  7  Counties. The grant moneys may be used to purchase software,

  8  hardware, or consulting services necessary for the county to

  9  create an interface with the One-Stop Permitting System. Grant

10  moneys may not be used to pay administrative costs. The grant

11  application must specify what items or services the county

12  intends to purchase using the grant moneys, the amount of each

13  of the items or services to be purchased, and how the items or

14  services are necessary for the county to create an interface

15  with the One-Stop Permitting System.

16         Section 6.  Section 288.1093, Florida Statutes, is

17  created to read:

18         288.1093  Quick Permitting County Designation

19  Program.--

20         (1)  There is established within the Department of

21  Management Services the Quick Permitting County Designation

22  Program. To be designated as a Quick Permitting County, the

23  chair of the board of county commissioners of the applying

24  county must certify to the Department of Management Services

25  that the county meets the criteria specified in subsection

26  (3).

27         (2)  As used in this section, the term "development

28  permitting" includes permits and approvals necessary for the

29  physical location of a business, including, but not limited

30  to:

31         (a)  Wetland or environmental resource permits.

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         (b)  Surface-water management permits.

  2         (c)  Stormwater permits.

  3         (d)  Site-plan approvals.

  4         (e)  Zoning and comprehensive plan amendments.

  5         (f)  Building permits.

  6         (g)  Transportation concurrency approvals.

  7         (h)  Consumptive water-use permits.

  8         (i)  Wastewater permits.

  9         (3)  In order to qualify for a Quick Permitting County

10  designation, a county must certify to the department that the

11  county has implemented the following best management

12  practices:

13         (a)  The establishment of a single point of contact for

14  a business seeking assistance in obtaining a permit.

15         (b)  The selection of high-priority projects for

16  accelerated permit review.

17         (c)  The use of documented preapplication meetings

18  following standard procedures.

19         (d)  The maintenance of an inventory of sites suitable

20  for high-priority projects.

21         (e)  The development of a list of consultants who

22  conduct business in the county.

23         (f)  The evaluation and elimination of duplicative

24  approval and permitting requirements within the county.

25         (g)  The commitment to participate, through the entry

26  of an interlocal agreement for individual projects, in the

27  expedited permit process set forth in s. 403.973.

28         (h)  The development of a timetable for processing

29  development permits and approvals.

30         (i)  The use of interagency coordination to facilitate

31  permit processing.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         Section 7.  Section 288.1095, Florida Statutes, is

  2  created to read:

  3         288.1095  Information concerning the One-Stop

  4  Permitting System.--The Office of Tourism, Trade, and Economic

  5  Development shall develop literature that explains the

  6  One-Stop Permitting System and identifies those counties that

  7  have been designated as Quick Permitting Counties. The

  8  literature must be updated at least once each year. To the

  9  maximum extent feasible, state agencies and Enterprise

10  Florida, Inc., shall distribute such literature and inform the

11  public of the One-Stop Permitting System and the Quick

12  Permitting Counties. In addition, Enterprise Florida, Inc.,

13  shall provide this information to prospective, new, expanding,

14  and relocating businesses seeking to conduct business in this

15  state, in municipalities, in counties, in economic-development

16  organizations, and in chambers of commerce.

17         Section 8.  Sections 403.950, 403.951, 403.952,

18  403.953, 403.954, 403.955, 403.9551, 403.956, 403.957,

19  403.958, 403.959, 403.960, 403.961, 403.9615, 403.962,

20  403.963, 403.964, 403.965, 403.966, 403.967, 403.968, 403.969,

21  403.970, 403.971, and 403.972, Florida Statutes, are repealed.

22         Section 9.  Section 403.973, Florida Statutes, is

23  amended to read:

24         403.973  Expedited permitting; comprehensive plan

25  amendments.--

26         (1)  It is the intent of the Legislature to encourage

27  and facilitate the location and expansion of those types of

28  economic development projects which offer job creation and

29  high wages, strengthen and diversify the state's economy, and

30  have been thoughtfully planned to take into consideration the

31  protection of the state's environment.  It is also the intent

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  of the Legislature to provide for an expedited permitting and

  2  comprehensive plan amendment process for such projects.

  3         (2)  As used in this section, the term:

  4         (a)  "Duly noticed" means publication in a newspaper of

  5  general circulation in the municipality or county with

  6  jurisdiction. The notice shall appear on at least 2 separate

  7  days, one of which shall be at least 7 days before the

  8  meeting. The notice shall state the date, time, and place of

  9  the meeting scheduled to discuss or enact the memorandum of

10  agreement, and the places within the municipality or county

11  where such proposed memorandum of agreement may be inspected

12  by the public. The notice must be one-eighth of a page in size

13  and must be published in a portion of the paper other than the

14  legal notices section. The notice shall also advise that

15  interested parties may appear at the meeting and be heard with

16  respect to the memorandum of agreement.

17         (b)  "Jobs" means permanent, full-time equivalent

18  positions not including construction jobs.

19         (c)  "Office" means the Office of Tourism, Trade, and

20  Economic Development.

21         (d)  "Permit applications" means state permits and

22  licenses, and at the option of a participating local

23  government, local development permits or orders.

24         (3)(a)  The Governor, through the office, shall direct

25  the creation of regional permit action teams, for the purpose

26  of expediting review of permit applications and local

27  comprehensive plan amendments submitted by:

28         1.(a)  Businesses creating at least 100 jobs, or

29         2.(b)  Businesses creating at least 50 jobs if the

30  project is located in an enterprise zone, or in a county

31  having a population of less than 75,000 or in a county having

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  a population of less than 100,000 which is contiguous to a

  2  county having a population of less than 75,000, as determined

  3  by the most recent decennial census, residing in incorporated

  4  and unincorporated areas of the county, or

  5         (b)(c)  On a case-by-case basis and at the request of a

  6  county or municipal government, the office may certify as

  7  eligible for expedited review a project not meeting the

  8  minimum job creation thresholds but creating a minimum of 10

  9  jobs. The recommendation from the governing body of the county

10  or municipality in which the project may be located is

11  required in order for the office to certify that any project

12  is eligible for expedited review under this paragraph. When

13  considering projects that do not meet the minimum job creation

14  thresholds but that are recommended by the governing body in

15  which the project may be located, the office shall consider

16  economic impact factors that include, but are not limited to:

17         1.  The proposed wage and skill levels relative to

18  those existing in the area in which the project may be

19  located;

20         2.  The project's potential to diversify and strengthen

21  the area's economy;

22         3.  The amount of capital investment; and

23         4.  The number of jobs that will be made available for

24  persons served by the WAGES Program.

25         (c)  At the request of a county or municipal

26  government, the office or a Quick Permitting County may

27  certify projects located in counties where the ratio of new

28  jobs per WAGES client, as determined by the Workforce

29  Development Board of Enterprise Florida, is less than one or

30  otherwise critical, as eligible for the expedited permitting

31  process. Such projects must meet the numerical job creation

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  criteria of subsection (3), but the jobs created by the

  2  project do not have to be high-wage jobs that diversify the

  3  state's economy.

  4         (4)  The office may delegate to a Quick Permitting

  5  County designated under s. 288.1093 the responsibility for

  6  convening regional permit teams and, in consultation with the

  7  office, for certifying as eligible for expedited review

  8  projects that meet the criteria of subsection (3) and that are

  9  consistent with the economic goals of the county. In order to

10  receive such a delegation, the Quick Permitting County must

11  hold the public hearing required under subsection (7) and

12  agree to execute a memorandum of agreement for each qualified

13  project.

14         (5)(4)  The regional teams shall be established through

15  the execution of memoranda of agreement between the office and

16  the respective heads of the Department Departments of

17  Environmental Protection, the Department of Community Affairs,

18  the Department of Transportation and its district offices, the

19  Department of Agriculture and Consumer Services, the Game and

20  Fresh Water Fish Commission, appropriate regional planning

21  councils, appropriate water management districts, and

22  voluntarily participating municipalities and counties.  The

23  memoranda of agreement should also accommodate participation

24  in this expedited process by other local governments and

25  federal agencies as circumstances warrant.

26         (6)(5)  In order to facilitate local government's

27  option to participate in this expedited review process, the

28  office shall, in cooperation with local governments and

29  participating state agencies, create a standard form

30  memorandum of agreement. A local government shall hold a duly

31  noticed public workshop to review and explain to the public

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  the expedited permitting process and the terms and conditions

  2  of the standard form memorandum of agreement.

  3         (7)(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         (8)(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 subsection (15) (13), or pursuant to other

21  appellate processes available to the local government. The

22  local government's decision to enter into a summary hearing

23  must be made as provided in s. 120.574 or in the memorandum of

24  agreement.

25         (9)(8)  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

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  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         (10)(9)  The office shall inform the Legislature by

  8  October 1 of each year, 1997, and every October thereafter,

  9  which agencies have not entered into or implemented an

10  agreement, and identify any barriers to achieving success of

11  the program. The Office of Program Policy Analysis and

12  Government Accountability shall study the implementation of

13  this program and make recommendations to the Governor and the

14  Legislature by October 1, 1998, on how this program may be

15  made more efficient and effective.

16         (11)(10)  The memoranda of agreement may provide for

17  the waiver or modification of procedural rules prescribing

18  forms, fees, procedures, or time limits for the review or

19  processing of permit applications under the jurisdiction of

20  those agencies that are party to the memoranda of agreement.

21  Notwithstanding any other provision of law to the contrary, a

22  memorandum of agreement must to the extent feasible provide

23  for proceedings and hearings otherwise held separately by the

24  parties to the memorandum of agreement to be combined into one

25  proceeding or held jointly and at one location.  Such waivers

26  or modifications shall not be available for permit

27  applications governed by federally delegated or approved

28  permitting programs, the requirements of which would prohibit,

29  or be inconsistent with, such a waiver or modification.

30         (12)(11)  The memoranda of agreement shall include

31  guidelines to be used in working with state, regional, and

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  local permitting authorities. Guidelines may include, but are

  2  not limited to, the following:

  3         (a)  A central contact point for filing permit

  4  applications and local comprehensive plan amendments and for

  5  obtaining information on permit and local comprehensive plan

  6  amendment requirements;

  7         (b)  Identification of the individual or individuals

  8  within each respective agency who will be responsible for

  9  processing the expedited permit application or local

10  comprehensive plan amendment for that agency;

11         (c)  A mandatory preapplication review process to

12  reduce permitting conflicts by providing guidance to

13  applicants regarding the permits needed from each agency and

14  governmental entity, site planning and development, site

15  suitability and limitations, facility design, and steps the

16  applicant can take to ensure expeditious permit application

17  and local comprehensive plan amendment review.  As a part of

18  this process, the first interagency meeting to discuss a

19  project shall be held within 14 days after the office's

20  determination that the project is eligible for expedited

21  review. Subsequent interagency meetings may be scheduled to

22  accommodate the needs of participating local governments that

23  are unable to meet public notice requirements for executing a

24  memorandum of agreement within this timeframe. This

25  accommodation may not exceed 45 days from the office's

26  determination that the project is eligible for expedited

27  review;

28         (d)  The preparation of a single coordinated project

29  description form and checklist and an agreement by state and

30  regional agencies to reduce the burden on an applicant to

31  provide duplicate information to multiple agencies;

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         (e)  Establishment of a process for the adoption and

  2  review of any comprehensive plan amendment needed by any

  3  certified project within 90 days after the submission of an

  4  application for a comprehensive plan amendment. However, the

  5  memorandum of agreement may not prevent affected persons as

  6  defined in s. 163.3184 from appealing or participating in this

  7  expedited plan amendment process and any review or appeals of

  8  decisions made under this paragraph; and

  9         (f)  Additional incentives for an applicant who

10  proposes a project that provides a net ecosystem benefit.

11         (13)  The applicant, the regional permit-action team,

12  and participating local governments may agree to incorporate

13  into a single document the permits, licenses, and approvals

14  that are obtained through the expedited permit process. This

15  consolidated permit is subject to the summary hearing

16  provisions set forth in subsection (15).

17         (14)(12)  Notwithstanding any other provisions of law:

18         (a)  Local comprehensive plan amendments for projects

19  qualified under this section are exempt from the twice-a-year

20  limits provision in s. 163.3187; and

21         (b)  Projects qualified under this section are not

22  subject to interstate highway level of service standards

23  adopted by the Department of Transportation for concurrency

24  purposes. The memorandum of agreement specified in subsection

25  (6) (5) must include a process by which the applicant will be

26  assessed a fair share of the cost of mitigating the project's

27  significant traffic impacts, as defined in chapter 380 and

28  related rules. The agreement must also specify whether the

29  significant traffic impacts on the interstate system will be

30  mitigated through the implementation of a project or payment

31  of funds to the Department of Transportation. Where funds are

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  paid, the Department of Transportation must include in the

  2  5-year work program transportation projects or project phases,

  3  in an amount equal to the funds received, to mitigate the

  4  traffic impacts associated with the proposed project.

  5         (15)(13)  Challenges to state agency action in the

  6  expedited permitting process for projects processed under this

  7  section are subject to the summary hearing provisions of s.

  8  120.574, except that the administrative law judge's decision,

  9  as provided in s. 120.574(2)(f), shall be in the form of a

10  recommended order and shall not constitute the final action of

11  the state agency. In those proceedings where the action of

12  only one agency of the state is challenged, the agency of the

13  state shall issue the final order within 10 working days of

14  receipt of the administrative law judge's recommended order.

15  In those proceedings where the actions of more than one agency

16  of the state are challenged, the Governor shall issue the

17  final order within 10 working days of receipt of the

18  administrative law judge's recommended order. The

19  participating agencies of the state may opt at the preliminary

20  hearing conference to allow the administrative law judge's

21  decision to constitute the final agency action. If a

22  participating local government agrees to participate in the

23  summary hearing provisions of s. 120.574 for purposes of

24  review of local government comprehensive plan amendments, s.

25  163.3184(9) and (10) apply.

26         (16)(14)  This expedited permitting process shall not

27  modify, qualify, or otherwise alter existing agency

28  nonprocedural standards for permit applications or local

29  comprehensive plan amendments, unless expressly authorized by

30  law.  If it is determined that the applicant is not eligible

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1  to use this process, the applicant may apply for permitting of

  2  the project through the normal permitting processes.

  3         (17)(15)  The office shall be responsible for

  4  certifying a business as eligible for undergoing expedited

  5  review under this section. Enterprise Florida, Inc., a county

  6  or municipal government, or the Rural Economic Development

  7  Initiative may recommend to the Office of Tourism, Trade, and

  8  Economic Development that a project meeting the minimum job

  9  creation threshold undergo expedited review.

10         (18)(16)  The office, working with the Rural Economic

11  Development Initiative and the agencies participating in the

12  memoranda of agreement, shall provide technical assistance in

13  preparing permit applications and local comprehensive plan

14  amendments for counties having a population of less than

15  75,000 residents, or counties having fewer than 100,000

16  residents which are contiguous to counties having fewer than

17  75,000 residents.  Additional assistance may include, but not

18  be limited to, guidance in land development regulations and

19  permitting processes, working cooperatively with state,

20  regional, and local entities to identify areas within these

21  counties which may be suitable or adaptable for preclearance

22  review of specified types of land uses and other activities

23  requiring permits.

24         (19)(17)  The following projects are ineligible for

25  review under this part:

26         (a)  A project funded and operated by a local

27  government, as defined in s. 377.709, and located within that

28  government's jurisdiction.

29         (b)  A project, the primary purpose of which is to:

30         1.  Effect the final disposal of solid waste,

31  biomedical waste, or hazardous waste in this state.

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 2055

    502-181A-99






  1         2.  Produce electrical power, unless the production of

  2  electricity is incidental and not the primary function of the

  3  project.

  4         3.  Extract natural resources.

  5         4.  Produce oil.

  6         5.  Construct, maintain, or operate an oil, petroleum,

  7  natural gas, or sewage pipeline.

  8         Section 10.  The sum of $500,000 is appropriated from

  9  the General Revenue Fund to the Department of Management

10  Services to be used for funding Quick Permitting Grants to

11  counties.

12         Section 11.  This act shall take effect July 1, 1999.

13

14            *****************************************

15                          HOUSE SUMMARY

16
      Requires the Department of Management Services to
17    establish a One-Stop Permitting System on the Internet by
      January 1, 2000. Requires the Departments of
18    Environmental Protection, Community Affairs, Management
      Services, and Transportation, and the water management
19    districts to connect to the system by January 1, 2000.
      Requires the Departments of Agriculture and Consumer
20    Services, Business and Professional Regulation, Health,
      Insurance, Labor and Employment Security, Revenue, and
21    State, and the Fish and Wildlife Conservation Commission
      and other state agencies to connect to the system by
22    January 1, 2001. Provides for accelerated permit approval
      and a 6-month waiver of certain permit fees for
23    applicants who use the system. Establishes a Quick
      Permitting County Designation Program for counties that
24    meet specified criteria. Provides eligibility of such
      counties for grants to connect to the system, and
25    provides an appropriation. Requires the Office of
      Tourism, Trade, and Economic Development, Enterprise
26    Florida, Inc., and state agencies to publicize the system
      and the Quick Permitting Counties. Provides conditions
27    for expedited permitting of economic development projects
      in counties with a low ratio of job creation to WAGES
28    recipients. Provides conditions for delegation to Quick
      Permitting Counties of certification of certain projects
29    as eligible for expedited permitting. Repeals ss.
      403.950-403.972, F.S., the "Jobs Siting Act." See bill
30    for details.

31

                                  24