Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 582
Barcode 519432
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2013 .
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The Committee on Commerce and Tourism (Bean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 163.325, Florida Statutes, is created to
6 read:
7 163.325 Short title.—Sections 163.325-163.3253 may be cited
8 as the “Manufacturing Competitiveness Act.”
9 Section 2. Section 163.3251, Florida Statutes, is created
10 to read:
11 163.3251 Definitions.—As used in ss. 163.3251-163.3253, the
12 term:
13 (1) “Department” means the Department of Economic
14 Opportunity.
15 (2) “Local government development approval” means a local
16 land development permit, order, or other approval issued by a
17 local government, or a modification of such permit, order, or
18 approval, which is required for a manufacturer to physically
19 locate or expand and includes, but is not limited to, the review
20 and approval of a master development plan required under s.
21 163.3252(2)(c).
22 (3) “Local manufacturing development program” means a
23 program enacted by a local government for approval of master
24 development plans under s. 163.3252.
25 (4) “Manufacturer” means a business that is classified in
26 Sectors 31-33 of the National American Industry Classification
27 System (NAICS) and is located, or intends to locate, within the
28 geographic boundaries of an area designated by a local
29 government as provided under s. 163.3252.
30 (5) “Participating agency” means:
31 (a) The Department of Environmental Protection.
32 (b) The Department of Transportation.
33 (c) The Fish and Wildlife Conservation Commission, when
34 acting pursuant to statutory authority granted by the
35 Legislature.
36 (d) Water management districts.
37 (6) “State development approval” means a state or regional
38 permit or other approval issued by a participating agency, or a
39 modification of such permit or approval, which must be obtained
40 before the development or expansion of a manufacturer’s site,
41 and includes, but is not limited to, those specified in s.
42 163.3253(1).
43 Section 3. Section 163.3252, Florida Statutes, is created
44 to read:
45 163.3252 Local manufacturing development program; master
46 development approval for manufacturers.—A local government may
47 adopt an ordinance establishing a local manufacturing
48 development program through which the local government may grant
49 master development approval for the development or expansion of
50 sites that are, or are proposed to be, operated by manufacturers
51 at specified locations within the local government’s geographic
52 boundaries.
53 (1)(a) A local government that elects to establish a local
54 manufacturing development program shall submit a copy of the
55 ordinance establishing the program to the department within 20
56 days after the ordinance is enacted.
57 (b) A local government ordinance adopted before the
58 effective date of this act establishes a local manufacturing
59 development program if it satisfies the minimum criteria
60 established in subsection (3) and if the local government
61 submits a copy of the ordinance to the department on or before
62 September 1, 2013.
63 (2) By December 1, 2013, the department shall develop a
64 model ordinance to guide local governments that intend to
65 establish a local manufacturing development program. The model
66 ordinance, which need not be adopted by a local government, must
67 include:
68 (a) Procedures for a manufacturer to apply for a master
69 development plan and procedures for a local government to review
70 and approve a master development plan.
71 (b) Identification of those areas within the local
72 government’s jurisdiction which are subject to the program.
73 (c) Minimum elements for a master development plan,
74 including, but not limited to:
75 1. A site map.
76 2. A list proposing the site’s land uses.
77 3. Maximum square footage, floor area ratio, and building
78 heights for future development on the site, specifying with
79 particularity those features and facilities for which the local
80 government will require the establishment of maximum dimensions.
81 4. Development conditions.
82 (d) A list of the development impacts, if applicable to the
83 proposed site, which the local government will require to be
84 addressed in a master development plan, including, but not
85 limited to:
86 1. Drainage.
87 2. Wastewater.
88 3. Potable water.
89 4. Solid waste.
90 5. Onsite and offsite natural resources.
91 6. Preservation of historic and archeological resources.
92 7. Offsite infrastructure.
93 8. Public services.
94 9. Compatibility with adjacent offsite land uses.
95 10. Vehicular and pedestrian entrance to and exit from the
96 site.
97 11. Offsite transportation impacts.
98 (e) A provision vesting any existing development rights
99 authorized by the local government before the approval of a
100 master development plan, if requested by the manufacturer.
101 (f) Whether an expiration date is required for a master
102 development plan and, if required, a provision stating that the
103 expiration date may not be earlier than 10 years after the
104 plan’s adoption.
105 (g) A provision limiting the circumstances that require an
106 amendment to an approved master development plan to the
107 following:
108 1. Enactment of state law or local ordinance addressing an
109 immediate and direct threat to the public safety that requires
110 an amendment to the master development order.
111 2. Any revision to the master development plan initiated by
112 the manufacturer.
113 (h) A provision stating that the scope of review for any
114 amendment to a master development plan is limited to the
115 amendment and does not subject any other provision of the
116 approved master development plan to further review.
117 (i) A provision stating that, during the term of a master
118 development plan, the local government may not require
119 additional local development approvals for those development
120 impacts listed in paragraph (d) that are addressed in the master
121 development plan, other than approval of a building permit to
122 ensure compliance with the state building code and any other
123 applicable state-mandated life and safety code.
124 (j) A provision stating that, before commencing
125 construction or site development work, the manufacturer must
126 submit a certification, signed by a licensed architect,
127 engineer, or landscape architect, attesting that such work
128 complies with the master development plan.
129 (k) A provision establishing the form that will be used by
130 the local government to certify that a manufacturer is eligible
131 to participate in the local manufacturing development program
132 adopted by that jurisdiction.
133 (3) A local manufacturing development program ordinance
134 must, at a minimum, be consistent with subsection (2) and
135 establish procedures for:
136 (a) Reviewing an application from a manufacturer for
137 approval of a master development plan.
138 (b) Approving a master development plan, which may include
139 conditions that address development impacts anticipated during
140 the life of the development.
141 (c) Developing the site in a manner consistent with the
142 master development plan without requiring additional local
143 development approvals other than building permits.
144 (d) Certifying that a manufacturer is eligible to
145 participate in the local manufacturing development program.
146 (4)(a) A local government that establishes a local
147 manufacturing development program may not abolish the program
148 until it has been in effect for at least 24 months.
149 (b) If a local government repeals its local manufacturing
150 development program ordinance:
151 1. Any application for a master development plan which is
152 submitted to the local government before the effective date of
153 the repeal is vested and remains subject to the local
154 manufacturing development program ordinance in effect when the
155 application was submitted; and
156 2. The manufacturer that submitted the application is
157 entitled to participate in the manufacturing development
158 coordinated approval process established in s. 163.3253.
159 Section 4. Section 163.3253, Florida Statutes, is created
160 to read:
161 163.3253 Coordinated manufacturing development approval
162 process.—Participating agencies shall coordinate the
163 manufacturing development approval process, as set forth in this
164 section, for manufacturers that are developing or expanding in
165 the jurisdiction of a local government that has a local
166 manufacturing development program.
167 (1) Participating agencies shall collaborate and coordinate
168 the simultaneous review of applications for the following state
169 development approvals:
170 (a) Wetland or environmental resource permits.
171 (b) Surface water management permits.
172 (c) Stormwater permits.
173 (d) Consumptive water use permits.
174 (e) Wastewater permits.
175 (f) Air emission permits.
176 (g) Permits relating to listed species.
177 (h) Highway or roadway access permits.
178 (i) Any other state development approval within the scope
179 of a participating agency’s authority.
180 (2)(a) When filing its application for state development
181 approval, a manufacturer shall file with each participating
182 agency proof that its development or expansion is located in the
183 jurisdiction of a local government that has a local
184 manufacturing development program.
185 (b) If a local government repeals its local manufacturing
186 development program ordinance, a manufacturer developing or
187 expanding in that jurisdiction remains entitled to participate
188 in the process if the manufacturer submitted its application for
189 a local government development approval before the effective
190 date of repeal.
191 (3) At any time during the process, if a manufacturer
192 requests a meeting with one or more participating agencies to
193 facilitate the process, such participating agency shall convene
194 and attend such meeting.
195 (4) If a participating agency determines that an
196 application is incomplete, the participating agency shall notify
197 the applicant, in writing, of the additional information
198 necessary to complete the application.
199 (a) Unless the deadline is waived in writing by the
200 manufacturer, a participating agency shall provide a request for
201 additional information to the manufacturer within 20 days after
202 the date the application is filed with the participating agency.
203 (b) If the participating agency does not request additional
204 information within the 20-day period, the participating agency
205 may not subsequently deny the application based on the
206 manufacturer’s failure to provide additional information.
207 (c) Within 10 days after the manufacturer’s response to the
208 request for additional information, a participating agency may
209 make a second request for additional information for the sole
210 purpose of obtaining clarification of the manufacturer’s
211 response.
212 (5)(a) Unless the deadline is waived in writing by the
213 manufacturer, each participating agency shall take final agency
214 action on a state development approval within its authority
215 within 60 days after a complete application is filed. The 60-day
216 period is tolled by the initiation of a proceeding under ss.
217 120.569 and 120.57.
218 (b) A participating agency shall notify the manufacturer if
219 the agency intends to deny a manufacturer’s application and,
220 unless waived in writing by the manufacturer, the participating
221 agency shall timely convene an informal meeting to facilitate a
222 resolution.
223 (c) Unless waived in writing by the manufacturer, if a
224 participating agency does not approve or deny an application
225 within the 60-day period, within the time allowed by a federally
226 delegated permitting program, or, if a proceeding is initiated
227 under ss. 120.569 and 120.57, within 45 days after a recommended
228 order is submitted to the agency and the parties, the state
229 development approval within the authority of the participating
230 agency is deemed approved. A manufacturer seeking to claim
231 approval by default under this subsection shall notify, in
232 writing, the clerk of the participating agency of that intent. A
233 manufacturer may not take action based on the default approval
234 until such notice is received by the agency clerk.
235 (d) At any time after a proceeding is initiated under ss.
236 120.569 and 120.57, the manufacturer may demand expeditious
237 resolution by serving notice on an administrative law judge and
238 all other parties to the proceeding. The administrative law
239 judge shall set the matter for final hearing no more than 30
240 days after receipt of such notice. After the final hearing is
241 set, a continuance may not be granted without the written
242 agreement of all parties.
243 (6) Subsections (4) and (5) do not apply to permit
244 applications governed by federally delegated or approved
245 permitting programs to the extent that subsections (4) and (5)
246 impose timeframes or other requirements that are prohibited by
247 or inconsistent with such federally delegated or approved
248 permitting programs.
249 Section 5. Section 288.111, Florida Statutes, is created to
250 read:
251 288.111 Information concerning local manufacturing
252 development programs.—The department shall develop materials
253 that identify each local government that establishes a local
254 manufacturing development program under s. 163.3252. The
255 materials, which the department may elect to develop and
256 maintain in electronic format or in any other format deemed by
257 the department to provide public access, must be updated at
258 least annually. Enterprise Florida, Inc., shall, and other state
259 agencies may, distribute the materials to prospective, new,
260 expanding, and relocating manufacturing businesses seeking to
261 conduct business in this state.
262 Section 6. This act shall take effect July 1, 2013.
263
264 ================= T I T L E A M E N D M E N T ================
265 And the title is amended as follows:
266 Delete everything before the enacting clause
267 and insert:
268 A bill to be entitled
269 An act relating to manufacturing development; creating
270 s. 163.325, F.S.; providing a short title;
271 establishing the Manufacturing Competitiveness Act;
272 creating s. 163.3251, F.S.; providing definitions;
273 creating s. 163.3252, F.S.; authorizing local
274 governments to establish a local manufacturing
275 development program that provides for master
276 development approval for certain sites; providing
277 specific time periods for action by local governments;
278 requiring the Department of Economic Opportunity to
279 develop a model ordinance containing specified
280 information and provisions; requiring a local
281 manufacturing development program ordinance to include
282 certain information; providing certain restrictions on
283 the termination of a local manufacturing development
284 program; creating s. 163.3253, F.S.; requiring
285 participating agencies to establish a manufacturing
286 development coordinated approval process for certain
287 manufacturers; requiring participating agencies to
288 coordinate and review applications for certain state
289 development approvals; requiring participating
290 agencies to convene and attend a meeting when
291 requested by a certain manufacturer; providing for
292 requests for additional information and specifying
293 time periods; requiring participating agencies to take
294 final action on applications within a certain time
295 period; requiring participating agencies to facilitate
296 the resolution of certain applications; providing for
297 approval by default; providing for applicability with
298 respect to permit applications governed by federally
299 delegated or approved permitting programs; creating s.
300 288.111, F.S.; requiring the department to develop
301 materials that identify local manufacturing
302 development programs; requiring Enterprise Florida,
303 Inc., and authorizing other state agencies, to
304 distribute such material; providing an effective date.