CS/HB 773

1
A bill to be entitled
2An act relating to expedited permitting; amending s.
3403.973, F.S.; transferring certain authority over the
4expedited permitting and comprehensive plan amendment
5process from the Office of Tourism, Trade, and Economic
6Development to the Secretary of Environmental Protection;
7revising job-creation criteria for businesses to qualify
8to submit permit 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 the
12expedited permitting process; providing for the
13establishment of regional permit action teams through the
14execution of memoranda of agreement developed by permit
15applicants and the secretary; revising provisions relating
16to the memoranda of agreement developed by the secretary;
17providing for the appeal of local government comprehensive
18plan approvals for projects and requiring such appeals to
19be consolidated 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 for challenges to state agency
25action related to expedited permitting for specified
26renewable energy projects; revising provisions relating to
27the review of sites proposed for the location of
28facilities eligible for the Innovation Incentive Program;
29revising criteria for counties eligible to receive
30technical assistance in preparing permit applications and
31local comprehensive plan amendments; specifying expedited
32review eligibility for certain electrical power projects;
33providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Section 403.973, Florida Statutes, is amended
38to read:
39     403.973  Expedited permitting; amendments to comprehensive
40plans plan amendments.-
41     (1)  It is the intent of the Legislature to encourage and
42facilitate the location and expansion of those types of economic
43development projects which offer job creation and high wages,
44strengthen and diversify the state's economy, and have been
45thoughtfully planned to take into consideration the protection
46of the state's environment. It is also the intent of the
47Legislature to provide for an expedited permitting and
48comprehensive plan amendment process for such projects.
49     (2)  As used in this section, the term:
50     (a)  "Duly noticed" means publication in a newspaper of
51general circulation in the municipality or county with
52jurisdiction. The notice shall appear on at least 2 separate
53days, one of which shall be at least 7 days before the meeting.
54The notice shall state the date, time, and place of the meeting
55scheduled to discuss or enact the memorandum of agreement, and
56the places within the municipality or county where such proposed
57memorandum of agreement may be inspected by the public. The
58notice must be one-eighth of a page in size and must be
59published in a portion of the paper other than the legal notices
60section. The notice shall also advise that interested parties
61may appear at the meeting and be heard with respect to the
62memorandum of agreement.
63     (b)  "Jobs" means permanent, full-time equivalent positions
64not including construction jobs.
65     (c)  "Office" means the Office of Tourism, Trade, and
66Economic Development.
67     (d)  "Permit applications" means state permits and
68licenses, and at the option of a participating local government,
69local development permits or orders.
70     (e)  "Secretary" means the Secretary of Environmental
71Protection or his or her designee.
72     (3)(a)  The secretary Governor, through the office, shall
73direct the creation of regional permit action teams, for the
74purpose of expediting review of permit applications and local
75comprehensive plan amendments submitted by:
76     1.  Businesses creating at least 50 100 jobs;, or
77     2.  Businesses creating at least 25 50 jobs if the project
78is located in an enterprise zone, or in a county having a
79population of fewer less than 75,000 or in a county having a
80population of fewer less than 125,000 100,000 which is
81contiguous to a county having a population of fewer less than
8275,000, as determined by the most recent decennial census,
83residing in incorporated and unincorporated areas of the
84county., or
85     (b)  On a case-by-case basis and at the request of a county
86or municipal government, the office may certify as eligible for
87expedited review a project not meeting the minimum job creation
88thresholds but creating a minimum of 10 jobs. The recommendation
89from the governing body of the county or municipality in which
90the project may be located is required in order for the office
91to certify that any project is eligible for expedited review
92under this paragraph. When considering projects that do not meet
93the minimum job creation thresholds but that are recommended by
94the governing body in which the project may be located, the
95office shall consider economic impact factors that include, but
96are not limited to:
97     1.  The proposed wage and skill levels relative to those
98existing in the area in which the project may be located;
99     2.  The project's potential to diversify and strengthen the
100area's economy;
101     3.  The amount of capital investment; and
102     4.  The number of jobs that will be made available for
103persons served by the welfare transition program.
104     (c)  At the request of a county or municipal government,
105the office or a Quick Permitting County may certify projects
106located in counties where the ratio of new jobs per participant
107in the welfare transition program, as determined by Workforce
108Florida, Inc., is less than one or otherwise critical, as
109eligible for the expedited permitting process. Such projects
110must meet the numerical job creation criteria of this
111subsection, but the jobs created by the project do not have to
112be high-wage jobs that diversify the state's economy.
113     (d)  Projects located in a designated brownfield area are
114eligible for the expedited permitting process.
115     (e)  Projects that are part of the state-of-the-art
116biomedical research institution and campus to be established in
117this state by the grantee under s. 288.955 are eligible for the
118expedited permitting process, if the projects are designated as
119part of the institution or campus by the board of county
120commissioners of the county in which the institution and campus
121are established.
122     (f)  Projects resulting in the production of biofuels
123cultivated on lands that are 1,000 acres or more or in the
124construction of a biofuel or biodiesel processing facility or a
125facility generating renewable energy, as defined in s.
126366.91(2)(d), are eligible for the expedited permitting process.
127     (4)  The regional teams shall be established through the
128execution of memoranda of agreement developed by the applicant
129and the secretary, with input solicited from between the office
130and the respective heads of the Department of Environmental
131Protection, the Department of Community Affairs, the Department
132of Transportation and its district offices, the Department of
133Agriculture and Consumer Services, the Fish and Wildlife
134Conservation Commission, appropriate regional planning councils,
135appropriate water management districts, and voluntarily
136participating municipalities and counties. The memoranda of
137agreement should also accommodate participation in this
138expedited process by other local governments and federal
139agencies as circumstances warrant.
140     (5)  In order to facilitate local government's option to
141participate in this expedited review process, the secretary
142office shall, in cooperation with local governments and
143participating state agencies, create a standard form memorandum
144of agreement. A local government shall hold a duly noticed
145public workshop to review and explain to the public the
146expedited permitting process and the terms and conditions of the
147standard form memorandum of agreement.
148     (6)  The local government shall hold a duly noticed public
149hearing to execute a memorandum of agreement for each qualified
150project. Notwithstanding any other provision of law, and at the
151option of the local government, the workshop provided for in
152subsection (5) may be conducted on the same date as the public
153hearing held under this subsection. The memorandum of agreement
154that a local government signs shall include a provision
155identifying necessary local government procedures and time
156limits that will be modified to allow for the local government
157decision on the project within 90 days. The memorandum of
158agreement applies to projects, on a case-by-case basis, that
159qualify for special review and approval as specified in this
160section. The memorandum of agreement must make it clear that
161this expedited permitting and review process does not modify,
162qualify, or otherwise alter existing local government
163nonprocedural standards for permit applications, unless
164expressly authorized by law.
165     (7)  At the option of the participating local government,
166Appeals of local government comprehensive plan approvals its
167final approval for a project shall may be pursuant to the
168summary hearing provisions of s. 120.574, pursuant to subsection
169(14), and consolidated with the challenge of any applicable
170state agency actions or pursuant to other appellate processes
171available to the local government. The local government's
172decision to enter into a summary hearing must be made as
173provided in s. 120.574 or in the memorandum of agreement.
174     (8)  Each memorandum of agreement shall include a process
175for final agency action on permit applications and local
176comprehensive plan amendment approvals within 90 days after
177receipt of a completed application, unless the applicant agrees
178to a longer time period or the secretary office determines that
179unforeseen or uncontrollable circumstances preclude final agency
180action within the 90-day timeframe. Permit applications governed
181by federally delegated or approved permitting programs whose
182requirements would prohibit or be inconsistent with the 90-day
183timeframe are exempt from this provision, but must be processed
184by the agency with federally delegated or approved program
185responsibility as expeditiously as possible.
186     (9)  The secretary office shall inform the Legislature by
187October 1 of each year which agencies have not entered into or
188implemented an agreement and identify any barriers to achieving
189success of the program.
190     (10)  The memoranda of agreement may provide for the waiver
191or modification of procedural rules prescribing forms, fees,
192procedures, or time limits for the review or processing of
193permit applications under the jurisdiction of those agencies
194that are party to the memoranda of agreement. Notwithstanding
195any other provision of law to the contrary, a memorandum of
196agreement must to the extent feasible provide for proceedings
197and hearings otherwise held separately by the parties to the
198memorandum of agreement to be combined into one proceeding or
199held jointly and at one location. Such waivers or modifications
200shall not be available for permit applications governed by
201federally delegated or approved permitting programs, the
202requirements of which would prohibit, or be inconsistent with,
203such a waiver or modification.
204     (11)  The standard form for memoranda of agreement shall
205include guidelines to be used in working with state, regional,
206and local permitting authorities. Guidelines may include, but
207are not limited to, the following:
208     (a)  A central contact point for filing permit applications
209and local comprehensive plan amendments and for obtaining
210information on permit and local comprehensive plan amendment
211requirements;
212     (b)  Identification of the individual or individuals within
213each respective agency who will be responsible for processing
214the expedited permit application or local comprehensive plan
215amendment for that agency;
216     (c)  A mandatory preapplication review process to reduce
217permitting conflicts by providing guidance to applicants
218regarding the permits needed from each agency and governmental
219entity, site planning and development, site suitability and
220limitations, facility design, and steps the applicant can take
221to ensure expeditious permit application and local comprehensive
222plan amendment review. As a part of this process, the first
223interagency meeting to discuss a project shall be held within 14
224days after the secretary's office's determination that the
225project is eligible for expedited review. Subsequent interagency
226meetings may be scheduled to accommodate the needs of
227participating local governments that are unable to meet public
228notice requirements for executing a memorandum of agreement
229within this timeframe. This accommodation may not exceed 45 days
230from the secretary's office's determination that the project is
231eligible for expedited review;
232     (d)  The preparation of a single coordinated project
233description form and checklist and an agreement by state and
234regional agencies to reduce the burden on an applicant to
235provide duplicate information to multiple agencies;
236     (e)  Establishment of a process for the adoption and review
237of any comprehensive plan amendment needed by any certified
238project within 90 days after the submission of an application
239for a comprehensive plan amendment. However, the memorandum of
240agreement may not prevent affected persons as defined in s.
241163.3184 from appealing or participating in this expedited plan
242amendment process and any review or appeals of decisions made
243under this paragraph; and
244     (f)  Additional incentives for an applicant who proposes a
245project that provides a net ecosystem benefit.
246     (12)  The applicant, the regional permit action team, and
247participating local governments may agree to incorporate into a
248single document the permits, licenses, and approvals that are
249obtained through the expedited permit process. This consolidated
250permit is subject to the summary hearing provisions set forth in
251subsection (14).
252     (13)  Notwithstanding any other provisions of law:
253     (a)  Local comprehensive plan amendments for projects
254qualified under this section are exempt from the twice-a-year
255limits provision in s. 163.3187; and
256     (b)  Projects qualified under this section are not subject
257to interstate highway level-of-service standards adopted by the
258Department of Transportation for concurrency purposes. The
259memorandum of agreement specified in subsection (5) must include
260a process by which the applicant will be assessed a fair share
261of the cost of mitigating the project's significant traffic
262impacts, as defined in chapter 380 and related rules. The
263agreement must also specify whether the significant traffic
264impacts on the interstate system will be mitigated through the
265implementation of a project or payment of funds to the
266Department of Transportation. Where funds are paid, the
267Department of Transportation must include in the 5-year work
268program transportation projects or project phases, in an amount
269equal to the funds received, to mitigate the traffic impacts
270associated with the proposed project.
271     (14)(a)  Challenges to state agency action in the expedited
272permitting process for projects processed under this section are
273subject to the summary hearing provisions of s. 120.574, except
274that the administrative law judge's decision, as provided in s.
275120.574(2)(f), shall be in the form of a recommended order and
276shall not constitute the final action of the state agency. In
277those proceedings where the action of only one agency of the
278state other than the Department of Environmental Protection is
279challenged, the agency of the state shall issue the final order
280within 45 10 working days after of receipt of the administrative
281law judge's recommended order, and the recommended order shall
282inform the parties of their right to file exceptions or
283responses to the recommended order in accordance with the
284uniform rules of procedure pursuant to s. 120.54. In those
285proceedings where the actions of more than one agency of the
286state are challenged, the Governor shall issue the final order
287within 45 10 working days after of receipt of the administrative
288law judge's recommended order, and the recommended order shall
289inform the parties of their right to file exceptions or
290responses to the recommended order in accordance with the
291uniform rules of procedure pursuant to s. 120.54. This paragraph
292does not apply to the issuance of department licenses required
293under any federally delegated or approved permit program. In
294such instances, the department shall enter the final order. The
295participating agencies of the state may opt at the preliminary
296hearing conference to allow the administrative law judge's
297decision to constitute the final agency action. If a
298participating local government agrees to participate in the
299summary hearing provisions of s. 120.574 for purposes of review
300of local government comprehensive plan amendments, s.
301163.3184(9) and (10) apply.
302     (b)  Projects identified in paragraph (3)(f) or challenges
303to state agency action in the expedited permitting process for
304establishment of a state-of-the-art biomedical research
305institution and campus in this state by the grantee under s.
306288.955 are subject to the same requirements as challenges
307brought under paragraph (a), except that, notwithstanding s.
308120.574, summary proceedings must be conducted within 30 days
309after a party files the motion for summary hearing, regardless
310of whether the parties agree to the summary proceeding.
311     (15)  The office, working with the agencies providing
312cooperative assistance and input regarding participating in the
313memoranda of agreement, shall review sites proposed for the
314location of facilities eligible for the Innovation Incentive
315Program under s. 288.1089. Within 20 days after the request for
316the review by the office, the agencies shall provide to the
317office a statement as to each site's necessary permits under
318local, state, and federal law and an identification of
319significant permitting issues, which if unresolved, may result
320in the denial of an agency permit or approval or any significant
321delay caused by the permitting process.
322     (16)  This expedited permitting process shall not modify,
323qualify, or otherwise alter existing agency nonprocedural
324standards for permit applications or local comprehensive plan
325amendments, unless expressly authorized by law. If it is
326determined that the applicant is not eligible to use this
327process, the applicant may apply for permitting of the project
328through the normal permitting processes.
329     (17)  The office shall be responsible for certifying a
330business as eligible for undergoing expedited review under this
331section. Enterprise Florida, Inc., a county or municipal
332government, or the Rural Economic Development Initiative may
333recommend to the Office of Tourism, Trade, and Economic
334Development that a project meeting the minimum job creation
335threshold undergo expedited review.
336     (18)  The office, working with the Rural Economic
337Development Initiative and the agencies participating in the
338memoranda of agreement, shall provide technical assistance in
339preparing permit applications and local comprehensive plan
340amendments for counties having a population of fewer less than
34175,000 residents, or counties having fewer than 125,000 100,000
342residents which are contiguous to counties having fewer than
34375,000 residents. Additional assistance may include, but not be
344limited to, guidance in land development regulations and
345permitting processes, working cooperatively with state,
346regional, and local entities to identify areas within these
347counties which may be suitable or adaptable for preclearance
348review of specified types of land uses and other activities
349requiring permits.
350     (19)  The following projects are ineligible for review
351under this part:
352     (a)  A project funded and operated by a local government,
353as defined in s. 377.709, and located within that government's
354jurisdiction.
355     (b)  A project, the primary purpose of which is to:
356     1.  Effect the final disposal of solid waste, biomedical
357waste, or hazardous waste in this state.
358     2.  Produce electrical power, unless the production of
359electricity is incidental and not the primary function of the
360project or the electrical power is derived from a fuel source
361for renewable energy as defined in s. 366.91(2)(d).
362     3.  Extract natural resources.
363     4.  Produce oil.
364     5.  Construct, maintain, or operate an oil, petroleum,
365natural gas, or sewage pipeline.
366     Section 2.  This act shall take effect upon becoming a law.


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