Senate Bill sb1738

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    Florida Senate - 2001                                  SB 1738

    By Senator Bronson





    18-1262-01                                              See HB

  1                      A bill to be entitled

  2         An act relating to expedited permitting;

  3         amending s. 288.109, F.S.; specifying that the

  4         State Technology Office is responsible for

  5         establishing and implementing an Internet site

  6         for the One-Stop Permitting System; providing

  7         that the 60-day period for application approval

  8         or denial under the system does not apply to

  9         certain applications; removing provisions that

10         provide for a waiver of development permit fees

11         for a specified period when an agency begins

12         accepting applications through the system;

13         amending ss. 288.1092 and 288.1093, F.S.;

14         establishing the One-Stop Permitting System

15         Grant Program and the Quick Permitting County

16         Designation Program within the State Technology

17         Office; providing an effective date.

18

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

20

21         Section 1.  Section 288.109, Florida Statutes, is

22  amended to read:

23         288.109  One-Stop Permitting System.--

24         (1)  By January 1, 2000, the State Technology Office

25  Department of Management Services must establish and implement

26  an Internet site for the One-Stop Permitting System. The

27  One-Stop Permitting System Internet site shall provide

28  individuals and businesses with information concerning

29  development permits; guidance on what development permits are

30  needed for particular projects; permit requirements; and who

31  may be contacted for more information concerning a particular

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    Florida Senate - 2001                                  SB 1738
    18-1262-01                                              See HB




  1  development permit for a specific location. The office

  2  department shall design and construct the Internet site and

  3  may competitively procure and contract for services to develop

  4  the site. In designing and constructing the Internet site, the

  5  office department must solicit input from potential users of

  6  the site.

  7         (2)  The office department shall develop the One-Stop

  8  Permitting System Internet site to allow an applicant to

  9  complete and submit application forms for development permits

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

11  allowing an applicant to submit payment for permit fees and

12  must provide payment options. After initially establishing the

13  Internet site, the office department shall implement, in the

14  most timely manner possible, the capabilities described in

15  this subsection. The office department shall also develop a

16  protocol for adding to the One-Stop Permitting System

17  additional state agencies and counties that agree to

18  participate. The office department may competitively procure

19  and contract for services to develop such capabilities.

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

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

22  approvals necessary for the physical location or expansion of

23  a business, including, but not limited to:

24         (a)  Wetland or environmental resource permits.

25         (b)  Surface water management permits.

26         (c)  Stormwater permits.

27         (d)  Site plan approvals.

28         (e)  Zoning approvals and comprehensive plan

29  amendments.

30         (f)  Building permits.

31         (g)  Transportation concurrency approvals.

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    Florida Senate - 2001                                  SB 1738
    18-1262-01                                              See HB




  1         (h)  Consumptive water-use permits.

  2         (i)  Wastewater permits.

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

  4  provide access to the following state agencies, water

  5  management districts and counties, with other agencies and

  6  counties that agree to participate:

  7         (a)  The Department of Environmental Protection.

  8         (b)  The Department of Community Affairs.

  9         (c)  The Department of Management Services.

10         (d)  The Department of Transportation, including

11  district offices.

12         (e)  The Northwest Florida Water Management District.

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

14         (g)  The Southwest Florida Water Management District.

15         (h)  The Suwannee River Water Management District.

16         (i)  The South Florida Water Management District.

17         (j)  Selected counties that agree to participate.

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

19  and the programs within such agencies which require the

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

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

22         (a)  The Department of Agriculture and Consumer

23  Services.

24         (b)  The Department of Business and Professional

25  Regulation.

26         (c)  The Department of Health.

27         (d)  The Department of Insurance.

28         (e)  The Department of Labor.

29         (f)  The Department of Revenue.

30         (g)  The Department of State.

31         (h)  The Fish and Wildlife Conservation Commission.

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    Florida Senate - 2001                                  SB 1738
    18-1262-01                                              See HB




  1         (i)  Other state agencies.

  2         (6)  The office department may add counties and

  3  municipalities to the One-Stop Permitting System as such local

  4  governments agree to participate and develop the technical

  5  capability of joining the system.

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

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

  8         (8)  Section 120.60(1) shall apply to any development

  9  permit or license filed under the One-Stop Permitting System,

10  except the 90-day time period for approving or denying a

11  completed application shall be 60 days. In the case of permits

12  issued by the water management districts, each completed

13  application that does not require governing board approval

14  must be approved or denied within 60 days after receipt.

15  However, completed permit applications which must be

16  considered by a water management district governing board

17  shall be approved or denied at the next regularly scheduled

18  meeting after the 60-day period has expired. The 60-day period

19  for approving or denying a complete application does not apply

20  in the case of a development permit application evaluated

21  under a federally delegated or approved permitting program.

22  However, the reviewing agency shall make a good-faith effort

23  to act on such permit applications within 60 days.

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

25  required for that agency to process each application that is

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

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

28  Representatives by January 1 of each year which compiles such

29  information.

30         (10)  Notwithstanding any other provision of law or

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

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    Florida Senate - 2001                                  SB 1738
    18-1262-01                                              See HB




  1  state agency or water management district for issuing a

  2  development permit shall be waived for a 6-month period

  3  beginning on the date the state agency or water management

  4  district begins accepting development permit applications over

  5  the Internet and the applicant submits the development permit

  6  to the agency or district using the One-Stop Permitting

  7  System. The 6-month fee waiver shall not apply to development

  8  permit fees assessed by the Electrical Power Plant Siting Act,

  9  ss. 403.501-403.519; the Transmission Line Siting Act, ss.

10  403.52-403.5365; the statewide Multi-purpose Hazardous Waste

11  Facility Siting Act, ss. 403.78-403.7893; the Natural Gas

12  Pipeline Siting Act, ss. 403.9401-403.9425; and the High Speed

13  Rail Transportation Siting Act, ss. 341.3201-341.386.

14         (10)(11)  A state agency or water management district

15  is authorized to reduce a development permit fee by 25 percent

16  for applicants who submit a complete application over the

17  Internet when the applicant is not required to submit

18  additional information to the agency or water management

19  district.

20         Section 2.  Section 288.1092, Florida Statutes, is

21  amended to read:

22         288.1092  One-Stop Permitting System Grant

23  Program.--There is created within the State Technology Office

24  Department of Management Services the One-Stop Permitting

25  System Grant Program. The purpose of the grant program is to

26  encourage counties to coordinate and integrate the development

27  of the county's permitting process with the One-Stop

28  Permitting System. The office department shall review grant

29  applications and, subject to available funds, if a county is

30  certified as a Quick Permitting County under s. 288.1093,

31  shall award a grant of up to $50,000 to provide for such

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    Florida Senate - 2001                                  SB 1738
    18-1262-01                                              See HB




  1  integration. The office department must review a grant

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

  3  Permitting System to provide access to development permit

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

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

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

  7  hardware, or consulting services necessary for the county to

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

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

10  application must specify what items or services the county

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

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

13  services are necessary for the county to create an interface

14  with the One-Stop Permitting System.

15         Section 3.  Section 288.1093, Florida Statutes, is

16  amended to read:

17         288.1093  Quick Permitting County Designation

18  Program.--

19         (1)  There is established within the State Technology

20  Office Department of Management Services the Quick Permitting

21  County Designation Program. To be designated as a Quick

22  Permitting County, the chair of the board of county

23  commissioners of the applying county must certify to the

24  office Department of Management Services that the county meets

25  the criteria specified in subsection (3).

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

27  permitting" includes permits and approvals necessary for the

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

29  to:

30         (a)  Wetland or environmental resource permits.

31         (b)  Surface water management permits.

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    Florida Senate - 2001                                  SB 1738
    18-1262-01                                              See HB




  1         (c)  Stormwater permits.

  2         (d)  Site plan approvals.

  3         (e)  Zoning and comprehensive plan amendments.

  4         (f)  Building permits.

  5         (g)  Transportation concurrency approvals.

  6         (h)  Wastewater permits.

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

  8  designation, a county must certify to the office department

  9  that the county has implemented the following best-management

10  practices:

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

12  a business seeking assistance in obtaining a permit;

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

14  accelerated permit review;

15         (c)  The use of documented preapplication meetings

16  following standard procedures;

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

18  for high-priority projects;

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

20  conduct business in the county;

21         (f)  The evaluation and elimination of duplicative

22  approval and permitting requirements within the county;

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

24  of an interlocal agreement for individual projects, in the

25  expedited permit process set forth in s. 403.973;

26         (h)  The development of a timetable for processing

27  development permits and approvals; and

28         (i)  The use of interagency coordination to facilitate

29  permit processing.

30         Section 4.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 2001                                  SB 1738
    18-1262-01                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Specifies that the State Technology Office is responsible
  4    for establishing and implementing an Internet site for
      the One-Stop Permitting System. Provides that the 60-day
  5    period for application approval or denial under the
      system does not apply to certain applications. Removes
  6    provisions that provide for a waiver of development
      permit fees for a specified period when an agency begins
  7    accepting applications through the system. Specifies that
      the One-Stop Permitting System Grant Program and the
  8    Quick Permitting County Designation Program are
      established within the State Technology Office.
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