HB 515

1
A bill to be entitled
2An act relating to growth enterprise development;
3creating s. 288.10895, F.S.; defining terms; amending
4s. 288.109, F.S.; requiring the Department of Economic
5Opportunity to establish a One-Stop Permitting System
6in cooperation with certain participating agencies;
7requiring the department to establish a one-stop
8application for the expedited review and approval of
9certain state or regional development permits;
10providing procedures for the filing and expedited
11processing of one-stop applications; authorizing the
12department to adopt rules for administering the
13system; deleting provisions relating to the One-Stop
14Permitting System of the former State Technology
15Office; creating s. 288.1091, F.S.; authorizing local
16governments to establish growth enterprise development
17programs that provide for master development approval
18for the development or expansion of certain sites
19owned and operated by growth enterprises; authorizing
20development of such a site consistent with a master
21development order without requiring certain additional
22local development approvals; requiring local
23governments to adopt resolutions declaring their
24intent whether to establish growth enterprise
25development programs; requiring the department to
26adopt a model ordinance; providing requirements for
27the contents of a local government's growth enterprise
28development program ordinance; prohibiting local
29governments from abolishing their growth enterprise
30development programs during a specified period;
31providing for the effect of the repeal of a growth
32enterprise development program ordinance on pending
33applications for master development plans; requiring
34certain local governments to annually reconsider
35whether to establish growth enterprise development
36programs; amending s. 288.1095, F.S.; providing for
37the development and distribution of literature
38explaining the One-Stop Permitting System and
39identifying local growth enterprise development
40programs; repealing ss. 288.1092 and 288.1093, F.S.,
41relating to the One-Stop Permitting System Grant
42Program and the Quick Permitting County Designation
43Program of the former State Technology Office;
44providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Section 288.10895, Florida Statutes, is created
49to read:
50     288.10895  Definitions.-As used in ss. 288.10895-288.1095,
51the term:
52     (1)  "Growth enterprise" means a business located, or
53planned to be located, within the geographic boundaries of a
54local government that has adopted a growth enterprise
55development program under s. 288.1091 in order to engage for
56profit in the manufacturing, processing, or fabrication of any
57of the following products, at least 50 percent of which are
58exported out of the state:
59     (a)  Computer, electronic, or information technology
60products.
61     (b)  Aerospace, aviation, or other transportation
62equipment.
63     (c)  Fabricated metal products.
64     (d)  Food products.
65     (e)  Machinery.
66     (f)  Nonmetallic mineral products.
67     (g)  Chemical products.
68     (h)  Paper products.
69     (i)  Plastic or rubber products.
70     (j)  Clean technology products.
71     (k)  Energy.
72     (l)  Life sciences products.
73     (2)  "Local development approval" means a local permit or
74other approval issued by a local government, or any modification
75of such permit or approval, that is necessary for the physical
76location or expansion of a growth enterprise, including, but not
77limited to, permits or approvals related to elements of a master
78development plan required under s. 288.1091(2)(c).
79     (3)  "Local government" means a county or municipality.
80     (4)  "Participating agency" means each of the following
81agencies:
82     (a)  The Department of Environmental Protection.
83     (b)  The Department of Transportation, including its
84district offices.
85     (c)  The Fish and Wildlife Conservation Commission, when
86acting pursuant to statutory authority granted by the
87Legislature.
88     (d)  Water management districts.
89     (5)  "State development approval" means a state or regional
90permit or other approval issued by a participating agency, or
91any modification of such permit or approval, that is necessary
92for the physical location or expansion of a growth enterprise,
93including, but not limited to, permits or approvals listed in s.
94288.1091(2).
95     Section 2.  Section 288.109, Florida Statutes, is amended
96to read:
97(Substantial rewording of section. See
98s. 288.109, F.S., for present text.)
99     288.109  One-Stop Permitting System.-
100     (1)  By January 1, 2013, the department, with the
101cooperation of the participating agencies, shall establish a
102One-Stop Permitting System that:
103     (a)  Expedites the processing of state development
104approvals by ensuring collaboration and coordination among the
105participating agencies.
106     (b)  Provides growth enterprises with a single point of
107contact for submitting a one-stop application and supporting
108information for state development approvals.
109     (c)  Requires the simultaneous review by the participating
110agencies of the one-stop application and supporting information.
111     (2)  The department shall prescribe the content and format
112for the one-stop application, which must include information
113necessary to review requests for state development approvals
114for:
115     (a)  Wetland or environmental resource permits.
116     (b)  Surface water management permits.
117     (c)  Stormwater permits.
118     (d)  Consumptive water use permits.
119     (e)  Wastewater permits.
120     (f)  Air emission permits.
121     (g)  Permits relating to listed species.
122     (h)  Highway or roadway access permits.
123     (3)  The department shall designate a single physical
124location, Internet website, or other electronic portal where
125one-stop applications may be filed.
126     (4)  The department shall distribute a copy of each one-
127stop application received from a growth enterprise to each of
128the participating agencies and shall forward a request for
129additional information from any of the participating agencies to
130the growth enterprise.
131     (5)(a)  Upon receipt of a one-stop application, each
132participating agency shall notify the department as to whether
133the application is complete with respect to those parts of the
134application that are within the agency's permitting or approval
135authority. If any part of the application is not complete, the
136respective participating agency shall notify the department in
137writing of the additional information necessary to complete the
138application.
139     (b)  Unless waived in writing by the growth enterprise, the
140department must submit any request for additional information
141required by the participating agency under paragraph (a) to the
142growth enterprise within 20 days after the date the application
143is filed with the department. If the department does not request
144such additional information within the 20-day period, state
145development approval may not be denied based on the growth
146enterprise's failure to provide such additional information.
147     (6)(a)  Unless waived in writing by the growth enterprise,
148each participating agency, within 60 days after a complete
149application is filed with the department, shall take final
150agency action on any state development approval within the
151agency's permitting or approval authority. The 60-day period is
152tolled by the initiation of a proceeding under ss. 120.569 and
153120.57.
154     (b)  Notwithstanding s. 120.60(1), if a participating
155agency does not, within the 60-day period or, if a proceeding is
156initiated under ss. 120.569 and 120.57, within 45 days after a
157recommended order is submitted to the agency and the parties,
158whichever is later, take final agency action on those parts of
159the application that are within the agency's permitting or
160approval authority, such parts of the application are deemed
161approved.
162     (7)  The department may adopt rules to administer this
163section.
164     Section 3.  Section 288.1091, Florida Statutes, is created
165to read:
166     288.1091  Local growth enterprise development programs;
167master development approval for growth enterprises.-
168     (1)(a)  A local government may adopt an ordinance
169establishing a growth enterprise development program under which
170the local government may grant master development approval for
171the development or expansion of a site owned and operated by a
172growth enterprise at a fixed location within the local
173government's geographic boundaries.
174     (b)  The governing body of each local government in the
175state shall consider whether to establish a growth enterprise
176development program under this section. By January 1, 2013, for
177an existing local government, or within 120 days after
178incorporation of a municipality or creation of a county, the
179governing body of each local government shall adopt a resolution
180declaring whether the local government intends to establish a
181growth enterprise development program and shall submit a copy of
182the resolution to the department within 5 days after adoption.
183     (2)  By October 1, 2012, to provide guidance for local
184governments establishing growth enterprise development programs,
185the department shall adopt a model ordinance for such growth
186enterprise development programs. The model ordinance shall
187include:
188     (a)  Procedures for a growth enterprise to apply for, and
189for a local government to review and approve, a master
190development plan.
191     (b)  Minimum elements for a master development plan,
192including, but not limited to:
193     1.  A site map.
194     2.  A list of the site's potential land uses.
195     3.  Maximum dimensions for future development on the site,
196including buildings, parking and loading areas, buffering and
197setbacks, open space, and landscaping.
198     4.  Development conditions.
199     (c)  A list of the development impacts that must be
200addressed in a master development plan, including, but not
201limited to:
202     1.  Drainage.
203     2.  Wastewater.
204     3.  Potable water.
205     4.  Solid waste.
206     5.  Onsite and offsite natural resources.
207     6.  Preservation of historic and archeological resources.
208     7.  Offsite infrastructure.
209     8.  Public services.
210     9.  Compatibility with adjacent offsite land uses.
211     10.  Vehicular and pedestrian entrance to and exit from the
212site.
213     11.  Offsite transportation impacts.
214     (d)  A provision prohibiting the limitation or modification
215of development rights that are granted before the approval of a
216master development plan, including, but not limited to,
217development rights affecting the impacts listed in paragraph
218(c).
219     (e)  Whether an expiration date is required for a master
220development plan and, if required, a provision stating that the
221expiration date may not occur earlier than 10 years after the
222plan's adoption.
223     (f)  A provision limiting the conditions that require an
224amendment to the master development order to the following:
225     1.  Enactment of state law or local ordinance addressing an
226immediate and direct threat to the public safety that requires
227an amendment to the master development order.
228     2.  Substantial modification of the land uses authorized in
229the master development order.
230     3.  An increase of more than 10 percent in the total
231maximum intensity or square footage authorized in the master
232development order.
233     4.  A decrease of more than 5 percent in the total area set
234aside for open space, mitigation, or buffering required in the
235master development order.
236     5.  An increase or decrease of more than 10 percent in the
237total number of parking spaces authorized in the master
238development order.
239     6.  An increase of more than 15 percent in the total height
240authorized in the master development order for any structure.
241     7.  A substantial change in the total number or the
242location of vehicular access points authorized in the master
243development order.
244     8.  Relocation of specific land uses on the site in a
245manner that increases offsite impacts on transportation, other
246infrastructure, or public services.
247     9.  Expansion or contraction of the development site by
248more than 10 percent of the total area authorized in the master
249development order.
250     (g)  A provision stating that the scope of review for any
251amendment to a master development order is limited to the
252subject matter of the amendment.
253     (h)  A provision stating that, during the term of a master
254development order, the local government may not require
255additional local development approvals for those elements of the
256master development plan listed in paragraph (c) that are
257approved in the master development order, except for those
258approvals that are required to ensure compliance with the State
259Building Code or life and safety issues.
260     (i)  A provision stating that, before commencing
261construction or site development work, the growth enterprise
262must submit a certification, signed by a licensed architect,
263engineer, or landscape architect, attesting that such work shall
264comply with the master development order.
265     (3)  A local government's growth enterprise development
266program ordinance need not conform to the department's model
267ordinance but, at a minimum, must be consistent with subsection
268(2) and establish procedures for:
269     (a)  Reviewing an application from a growth enterprise for
270approval of a master development plan.
271     (b)  Approving a master development plan through issuance,
272by ordinance, of a master development order, which may include
273conditional approvals that address development impacts
274anticipated during the life of the development.
275     (c)  Development of the site in a manner consistent with
276the master development order without requiring additional local
277development approvals other than building permits.
278     (4)(a)  A local government that establishes a growth
279enterprise development program may not abolish the program until
280it has been in effect for at least 24 months.
281     (b)  If a local government repeals its growth enterprise
282development program ordinance, any application for a master
283development plan that is submitted to the local government
284before the effective date of the repeal is vested and remains
285subject to the growth enterprise program ordinance in effect
286when the application was submitted.
287     (c)  The governing body of a local government that does not
288establish a growth enterprise development program or that
289subsequently abolishes the program shall, by January 1 of each
290year, reconsider whether to establish a growth enterprise
291development program under this section.
292     Section 4.  Section 288.1095, Florida Statutes, is amended
293to read:
294     288.1095  Information concerning the One-Stop Permitting
295System and local growth enterprise development programs.-The
296department shall develop literature that explains the One-Stop
297Permitting System established under s. 288.109 and identifies
298each local government those counties that establishes a growth
299enterprise development program under s. 288.1091 have been
300designated as Quick Permitting Counties. The literature must be
301updated at least once each year. To the maximum extent feasible,
302state agencies and offices, including Enterprise Florida, Inc.,
303shall distribute such literature and inform the public of the
304One-Stop Permitting System and the local governments that
305establish growth enterprise development programs Quick
306Permitting Counties. In addition, the department, Enterprise
307Florida, Inc., or such other state agency or office assigned the
308principal responsibility of distributing information to
309prospective businesses regarding location or expansion in the
310state, shall provide this information to prospective, new,
311expanding, and relocating businesses seeking to conduct business
312in this state, municipalities, counties, economic-development
313organizations, and chambers of commerce.
314     Section 5.  Sections 288.1092 and 288.1093, Florida
315Statutes, are repealed.
316     Section 6.  This act shall take effect July 1, 2012.


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