| 1 | A bill to be entitled |
| 2 | An act relating to expedited permitting process for |
| 3 | economic development projects; providing a short title; |
| 4 | creating s. 380.0657, F.S.; requiring the Department of |
| 5 | Environmental Protection and water management districts to |
| 6 | adopt programs to expedite the processing of permits for |
| 7 | certain economic development projects; providing an |
| 8 | exception; requiring municipalities and counties to |
| 9 | identify certain businesses by commission resolution; |
| 10 | requiring a preapplication review; providing a timeframe |
| 11 | for permit application approval or denial; providing that |
| 12 | projects designated as target industry businesses and |
| 13 | located in charter counties that meet certain criteria are |
| 14 | eligible for expedited permitting; providing an effective |
| 15 | date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. This act may be cited as the "Mike McHugh Act." |
| 20 | Section 2. Section 380.0657, Florida Statutes, is created |
| 21 | to read: |
| 22 | 380.0657 Expedited permitting process for economic |
| 23 | development projects.-- |
| 24 | (1) The Department of Environmental Protection and, as |
| 25 | appropriate, the water management districts created under |
| 26 | chapter 373 shall adopt programs to expedite the processing of |
| 27 | wetland resource and environmental resource permits for economic |
| 28 | development projects that have been identified by a municipality |
| 29 | or county as meeting the definition of target industry |
| 30 | businesses under s. 288.106, with the exception of those |
| 31 | projects requiring approval by the Board of Trustees of the |
| 32 | Internal Improvement Trust Fund. |
| 33 | (2) A municipality or county shall provide an identified |
| 34 | business with a city or county commission resolution identifying |
| 35 | the business as a targeted industry business. |
| 36 | (3) A mandatory preapplication review process shall be |
| 37 | required to reduce permitting conflicts by providing guidance to |
| 38 | applicants regarding the permits needed from each agency and |
| 39 | governmental entity, site planning and development, site |
| 40 | suitability and limitations, facility design, and steps the |
| 41 | applicant can take to ensure expeditious permit application |
| 42 | review. |
| 43 | (4) A permit application shall be approved or denied |
| 44 | within 45 days after receipt of the original application, the |
| 45 | last item of timely requested additional material, or the |
| 46 | applicant's written request to begin processing the permit |
| 47 | application. |
| 48 | (5) Notwithstanding the provisions of this section, permit |
| 49 | applications for projects to be located in a charter county that |
| 50 | has a population of 1.2 million or more and has entered into a |
| 51 | delegation agreement with the Department of Environmental |
| 52 | Protection or the applicable water management district to |
| 53 | process environmental resource permits, wetland resource |
| 54 | management permits, or surface water management permits pursuant |
| 55 | to chapter 373 are eligible for expedited permitting under this |
| 56 | section only upon designation by resolution of the charter |
| 57 | county's governing board. Before the governing board decides |
| 58 | that a project is eligible for expedited permitting, it may |
| 59 | require the county's economic development agency, or such other |
| 60 | agency that provides advice to the governing board on economic |
| 61 | matters, to review and recommend whether the project meets the |
| 62 | definition of a target industry business as defined in s. |
| 63 | 288.106 and to identify the tangible benefits and impacts of the |
| 64 | project. The governing board's decision shall be made without |
| 65 | consideration of the project's geographic location within the |
| 66 | charter county. If the governing board designates the project as |
| 67 | a target industry business, the permit application for the |
| 68 | project shall be approved or denied within the timeframe |
| 69 | provided in subsection (4). |
| 70 | Section 3. This act shall take effect July 1, 2009. |