HB 773

1
A bill to be entitled
2An act relating to expedited permitting; amending s.
3403.973, F.S.; transferring authority over the expedited
4permitting and comprehensive plan amendment process from
5the Office of Tourism, Trade, and Economic Development to
6the Secretary of Environmental Protection; revising job-
7creation criteria for businesses to qualify to submit
8permit applications and local comprehensive plan
9amendments for expedited review; providing that permit
10applications and local comprehensive plan amendments for
11specified renewable energy projects are eligible for
12expedited review; providing for the establishment of
13regional permit action teams through the execution of
14memoranda of agreement developed by permit applicants and
15the secretary; revising provisions relating to the
16memoranda of agreement developed by the secretary;
17providing for the appeal of a local government's approval
18for a project and requiring such appeals to be
19consolidated with challenges to state agency actions;
20requiring recommended orders relating to challenges to
21state agency actions pursuant to summary hearing
22provisions to include certain information; extending the
23deadline for issuance of final orders relating to such
24challenges; providing an exception; providing for
25challenges to state agency action related to expedited
26permitting for specified renewable energy projects;
27revising provisions relating to the review of sites
28proposed for the location of facilities eligible for the
29Innovation Incentive Program; specifying expedited review
30eligibility for certain electrical power projects;
31providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 403.973, Florida Statutes, is amended
36to read:
37     403.973  Expedited permitting; comprehensive plan
38amendments.-
39     (1)  It is the intent of the Legislature to encourage and
40facilitate the location and expansion of those types of economic
41development projects which offer job creation and high wages,
42strengthen and diversify the state's economy, and have been
43thoughtfully planned to take into consideration the protection
44of the state's environment. It is also the intent of the
45Legislature to provide for an expedited permitting and
46comprehensive plan amendment process for such projects.
47     (2)  As used in this section, the term:
48     (a)  "Duly noticed" means publication in a newspaper of
49general circulation in the municipality or county with
50jurisdiction. The notice must shall appear on at least 2
51separate days, one of which must shall be at least 7 days before
52the meeting. The notice must shall state the date, time, and
53place of the meeting scheduled to discuss or enact the
54memorandum of agreement, and the places within the municipality
55or county where such proposed memorandum of agreement may be
56inspected by the public. The notice must be one-eighth of a page
57in size and must be published in a portion of the paper other
58than the legal notices section. The notice must shall also
59advise that interested parties may appear at the meeting and be
60heard with respect to the memorandum of agreement.
61     (b)  "Jobs" means permanent, full-time equivalent positions
62not including construction jobs.
63     (c)  "Office" means the Office of Tourism, Trade, and
64Economic Development.
65     (c)(d)  "Permit applications" means state permits and
66licenses, and at the option of a participating local government,
67local development permits or orders.
68     (d)  "Secretary" means the Secretary of Environmental
69Protection or his or her designee.
70     (3)(a)  The secretary Governor, through the office, shall
71direct the creation of regional permit action teams, for the
72purpose of expediting review of permit applications and local
73comprehensive plan amendments submitted by:
74     1.  Businesses creating at least 50 100 jobs;, or
75     2.  Businesses creating at least 25 50 jobs if the project
76is located in an enterprise zone, or in a county having a
77population of less than 75,000 or in a county having a
78population of less than 100,000 which is contiguous to a county
79having a population of less than 75,000, as determined by the
80most recent decennial census, residing in incorporated and
81unincorporated areas of the county., or
82     (b)  On a case-by-case basis and at the request of a county
83or municipal government, the secretary office may certify as
84eligible for expedited review a project not meeting the minimum
85job creation thresholds but creating a minimum of 10 jobs. The
86recommendation from the governing body of the county or
87municipality in which the project may be located is required in
88order for the secretary office to certify that any project is
89eligible for expedited review under this paragraph. When
90considering projects that do not meet the minimum job creation
91thresholds but that are recommended by the governing body in
92which the project may be located, the secretary office shall
93consider economic impact factors that include, but are not
94limited to:
95     1.  The proposed wage and skill levels relative to those
96existing in the area in which the project may be located;
97     2.  The project's potential to diversify and strengthen the
98area's economy;
99     3.  The amount of capital investment; and
100     4.  The number of jobs that will be made available for
101persons served by the welfare transition program.
102     (c)  At the request of a county or municipal government,
103the secretary office or a Quick Permitting County may certify
104projects located in counties where the ratio of new jobs per
105participant in the welfare transition program, as determined by
106Workforce Florida, Inc., is less than one or otherwise critical,
107as eligible for the expedited permitting process. Such projects
108must meet the numerical job creation criteria of this
109subsection, but the jobs created by the project do not have to
110be high-wage jobs that diversify the state's economy.
111     (d)  Projects located in a designated brownfield area are
112eligible for the expedited permitting process.
113     (e)  Projects that are part of the state-of-the-art
114biomedical research institution and campus to be established in
115this state by the grantee under s. 288.955 are eligible for the
116expedited permitting process, if the projects are designated as
117part of the institution or campus by the board of county
118commissioners of the county in which the institution and campus
119are established.
120     (f)  Projects for the cultivation of agricultural products
121on 1,000 acres or more for use in the production of biofuels and
122projects for the construction of a facility to process biofuel
123or biodiesel or to generate renewable energy, as defined in s.
124366.91(2)(d), are eligible for expedited review.
125     (4)  The regional teams shall be established through the
126execution of memoranda of agreement developed by the applicant
127between the office and the secretary, with input solicited from
128the respective heads of the Department of Environmental
129Protection, the Department of Community Affairs, the Department
130of Transportation and its district offices, the Department of
131Agriculture and Consumer Services, the Fish and Wildlife
132Conservation Commission, appropriate regional planning councils,
133appropriate water management districts, and voluntarily
134participating municipalities and counties. The memoranda of
135agreement must should also accommodate participation in the this
136expedited process by other local governments and federal
137agencies as circumstances warrant.
138     (5)  In order to facilitate local government's option to
139participate in the this expedited review process, the secretary
140office shall, in cooperation with local governments and
141participating state agencies, create a standard form memorandum
142of agreement. A local government shall hold a duly noticed
143public workshop to review and explain to the public the
144expedited permitting process and the terms and conditions of the
145standard form memorandum of agreement.
146     (6)  The local government shall hold a duly noticed public
147hearing to execute a memorandum of agreement for each qualified
148project. Notwithstanding any other provision of law, and at the
149option of the local government, the workshop provided for in
150subsection (5) may be conducted on the same date as the public
151hearing held under this subsection. The memorandum of agreement
152that a local government signs must shall include a provision
153identifying necessary local government procedures and time
154limits that will be modified to allow for the local government
155decision on the project within 90 days. The memorandum of
156agreement applies to projects, on a case-by-case basis, that
157qualify for special review and approval as specified in this
158section. The memorandum of agreement must make it clear that
159this expedited permitting and review process does not modify,
160qualify, or otherwise alter existing local government
161nonprocedural standards for permit applications, unless
162expressly authorized by law.
163     (7)  At the option of the participating local government,
164Appeals of a local government's its final approval for a project
165must may be pursuant to the summary hearing provisions in of s.
166120.574, pursuant to subsection (14), and consolidated with the
167challenge of applicable state agency actions, if any or pursuant
168to other appellate processes available to the local government.
169The local government's decision to enter into a summary hearing
170must be made as provided in s. 120.574 or in the memorandum of
171agreement.
172     (8)  Each memorandum of agreement must shall include a
173process for final agency action on permit applications and local
174comprehensive plan amendment approvals within 90 days after
175receipt of a completed application, unless the applicant agrees
176to a longer time period or the secretary office determines that
177unforeseen or uncontrollable circumstances preclude final agency
178action within the 90-day timeframe. Permit applications governed
179by federally delegated or approved permitting programs whose
180requirements would prohibit or be inconsistent with the 90-day
181timeframe are exempt from this provision, but must be processed
182by the agency with federally delegated or approved program
183responsibility as expeditiously as possible.
184     (9)  The secretary office shall inform the Legislature by
185October 1 of each year which agencies have not entered into or
186implemented an agreement and identify any barriers to achieving
187success of the program.
188     (10)  The memoranda of agreement may provide for the waiver
189or modification of procedural rules prescribing forms, fees,
190procedures, or time limits for the review or processing of
191permit applications under the jurisdiction of those agencies
192that are party to the memoranda of agreement. Notwithstanding
193any other provision of law to the contrary, a memorandum of
194agreement must to the extent feasible provide for proceedings
195and hearings otherwise held separately by the parties to the
196memorandum of agreement to be combined into one proceeding or
197held jointly and at one location. Such waivers or modifications
198shall not be available for permit applications governed by
199federally delegated or approved permitting programs, the
200requirements of which would prohibit, or be inconsistent with,
201such a waiver or modification.
202     (11)  The standard form memoranda of agreement must shall
203include guidelines to be used in working with state, regional,
204and local permitting authorities. Guidelines may include, but
205are not limited to, the following:
206     (a)  A central contact point for filing permit applications
207and local comprehensive plan amendments and for obtaining
208information on permit and local comprehensive plan amendment
209requirements;
210     (b)  Identification of the individual or individuals within
211each respective agency who will be responsible for processing
212the expedited permit application or local comprehensive plan
213amendment for the that agency;
214     (c)  A mandatory preapplication review process to reduce
215permitting conflicts by providing guidance to applicants
216regarding the permits needed from each agency and governmental
217entity, site planning and development, site suitability and
218limitations, facility design, and steps the applicant can take
219to ensure expeditious permit application and local comprehensive
220plan amendment review. As a part of the this process, the first
221interagency meeting to discuss a project shall be held within 14
222days after the secretary's office's determination that the
223project is eligible for expedited review. Subsequent interagency
224meetings may be scheduled to accommodate the needs of
225participating local governments that are unable to meet public
226notice requirements for executing a memorandum of agreement
227within this timeframe. Such This accommodation may not exceed 45
228days from the secretary's office's determination that the
229project is eligible for expedited review;
230     (d)  The preparation of a single coordinated project
231description form and checklist and an agreement by state and
232regional agencies to reduce the burden on an applicant to
233provide duplicate information to multiple agencies;
234     (e)  Establishment of A process for the adoption and review
235of any comprehensive plan amendment needed by any certified
236project within 90 days after the submission of an application
237for a comprehensive plan amendment. However, the memorandum of
238agreement may not prevent affected persons as defined in s.
239163.3184 from appealing or participating in the this expedited
240plan amendment process and any review or appeals of decisions
241made under this paragraph; and
242     (f)  Additional incentives for an applicant who proposes a
243project that provides a net ecosystem benefit.
244     (12)  The applicant, the regional permit action team, and
245participating local governments may agree to incorporate into a
246single document the permits, licenses, and approvals that are
247obtained through the expedited permit process. Such This
248consolidated permit is subject to the summary hearing provisions
249set forth in subsection (14).
250     (13)  Notwithstanding any other provisions of law:
251     (a)  Local comprehensive plan amendments for projects
252qualified under this section are exempt from the twice-a-year
253limits provision in s. 163.3187; and
254     (b)  Projects qualified under this section are not subject
255to interstate highway level-of-service standards adopted by the
256Department of Transportation for concurrency purposes. The
257memorandum of agreement specified in subsection (5) must include
258a process by which the applicant will be assessed a fair share
259of the cost of mitigating the project's significant traffic
260impacts, as defined in chapter 380 and related rules. The
261agreement must also specify whether the significant traffic
262impacts on the interstate system will be mitigated through the
263implementation of a project or payment of funds to the
264Department of Transportation. If Where funds are paid, the
265Department of Transportation must include in the 5-year work
266program transportation projects or project phases, in an amount
267equal to the funds received, to mitigate the traffic impacts
268associated with the proposed project.
269     (14)(a)  Challenges to state agency action in the expedited
270permitting process for projects processed under this section are
271subject to the summary hearing provisions of s. 120.574, except
272that the administrative law judge's decision, as provided in s.
273120.574(2)(f), shall be in the form of a recommended order and
274shall not constitute the final action of the state agency. The
275recommended order shall inform the parties of the right to file
276exceptions and responses to the recommended order in accordance
277with the uniform rules of procedure pursuant to s. 120.54. In
278those proceedings where the action of only one agency of the
279state other than the Department of Environmental Protection is
280challenged, the agency of the state shall issue the final order
281within 45 10 working days after of receipt of the administrative
282law judge's recommended order. In those proceedings where the
283actions of more than one agency of the state are challenged, the
284Governor shall issue the final order within 45 10 working days
285after of receipt of the administrative law judge's recommended
286order, except for the issuance of department licenses required
287under any federally delegated or approved permit program for
288which the department shall enter the final order. The
289participating agencies of the state may opt at the preliminary
290hearing conference to allow the administrative law judge's
291decision to constitute the final agency action. If a
292participating local government agrees to participate in the
293summary hearing provisions of s. 120.574 for purposes of review
294of local government comprehensive plan amendments, s.
295163.3184(9) and (10) apply.
296     (b)  Challenges to state agency action in the expedited
297permitting process for establishment of a state-of-the-art
298biomedical research institution and campus in this state by the
299grantee under s. 288.955 or a project identified in paragraph
300(3)(f) are subject to the same requirements as challenges
301brought under paragraph (a), except that, notwithstanding s.
302120.574, summary proceedings must be conducted within 30 days
303after a party files the motion for summary hearing, regardless
304of whether the parties agree to the summary proceeding.
305     (15)  The secretary office, working with the agencies that
306provide cooperative assistance and input to participating in the
307memoranda of agreement, shall review sites proposed for the
308location of facilities eligible for the Innovation Incentive
309Program under s. 288.1089. Within 20 days after the request for
310the review by the secretary office, the agencies shall provide
311to the secretary office a statement as to each site's necessary
312permits under local, state, and federal law and an
313identification of significant permitting issues, which if
314unresolved, may result in the denial of an agency permit or
315approval or any significant delay caused by the permitting
316process.
317     (16)  This expedited permitting process shall not modify,
318qualify, or otherwise alter existing agency nonprocedural
319standards for permit applications or local comprehensive plan
320amendments, unless expressly authorized by law. If it is
321determined that the applicant is not eligible to use this
322process, the applicant may apply for permitting of the project
323through the normal permitting processes.
324     (17)  The secretary office shall be responsible for
325certifying a business as eligible for undergoing expedited
326review under this section. Enterprise Florida, Inc., a county or
327municipal government, or the Rural Economic Development
328Initiative may recommend to the secretary Office of Tourism,
329Trade, and Economic Development that a project meeting the
330minimum job creation threshold undergo expedited review.
331     (18)  The secretary office, working with the Rural Economic
332Development Initiative and the agencies participating in the
333memoranda of agreement, shall provide technical assistance in
334preparing permit applications and local comprehensive plan
335amendments for counties having a population of less than 75,000
336residents, or counties having fewer than 100,000 residents which
337are contiguous to counties having fewer than 75,000 residents.
338Additional assistance may include, but not be limited to,
339guidance in land development regulations and permitting
340processes, working cooperatively with state, regional, and local
341entities to identify areas within these counties which may be
342suitable or adaptable for preclearance review of specified types
343of land uses and other activities requiring permits.
344     (19)  The following projects are ineligible for review
345under this part:
346     (a)  A project funded and operated by a local government,
347as defined in s. 377.709, and located within that government's
348jurisdiction.
349     (b)  A project, the primary purpose of which is to:
350     1.  Effect the final disposal of solid waste, biomedical
351waste, or hazardous waste in this state.
352     2.  Produce electrical power, unless the production of
353electricity is incidental and not the primary function of the
354project or the electrical power is derived from a renewable
355energy fuel source as defined in s. 366.91(2)(d).
356     3.  Extract natural resources.
357     4.  Produce oil.
358     5.  Construct, maintain, or operate an oil, petroleum,
359natural gas, or sewage pipeline.
360     Section 2.  This act shall take effect upon becoming a law.


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