Florida Senate - 2013 CS for SB 582 By the Committee on Commerce and Tourism; and Senator Galvano 577-03301-13 2013582c1 1 A bill to be entitled 2 An act relating to manufacturing development; creating 3 s. 163.325, F.S.; providing a short title; 4 establishing the Manufacturing Competitiveness Act; 5 creating s. 163.3251, F.S.; providing definitions; 6 creating s. 163.3252, F.S.; authorizing local 7 governments to establish a local manufacturing 8 development program that provides for master 9 development approval for certain sites; providing 10 specific time periods for action by local governments; 11 requiring the Department of Economic Opportunity to 12 develop a model ordinance containing specified 13 information and provisions; requiring a local 14 manufacturing development program ordinance to include 15 certain information; providing certain restrictions on 16 the termination of a local manufacturing development 17 program; creating s. 163.3253, F.S.; requiring 18 participating agencies to establish a manufacturing 19 development coordinated approval process for certain 20 manufacturers; requiring participating agencies to 21 coordinate and review applications for certain state 22 development approvals; requiring participating 23 agencies to convene and attend a meeting when 24 requested by a certain manufacturer; providing for 25 requests for additional information and specifying 26 time periods; requiring participating agencies to take 27 final action on applications within a certain time 28 period; requiring participating agencies to facilitate 29 the resolution of certain applications; providing for 30 approval by default; providing for applicability with 31 respect to permit applications governed by federally 32 delegated or approved permitting programs; creating s. 33 288.111, F.S.; requiring the department to develop 34 materials that identify local manufacturing 35 development programs; requiring Enterprise Florida, 36 Inc., and authorizing other state agencies, to 37 distribute such material; providing an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Section 163.325, Florida Statutes, is created to 42 read: 43 163.325 Short title.—Sections 163.325-163.3253 may be cited 44 as the “Manufacturing Competitiveness Act.” 45 Section 2. Section 163.3251, Florida Statutes, is created 46 to read: 47 163.3251 Definitions.—As used in ss. 163.3251-163.3253, the 48 term: 49 (1) “Department” means the Department of Economic 50 Opportunity. 51 (2) “Local government development approval” means a local 52 land development permit, order, or other approval issued by a 53 local government, or a modification of such permit, order, or 54 approval, which is required for a manufacturer to physically 55 locate or expand and includes, but is not limited to, the review 56 and approval of a master development plan required under s. 57 163.3252(2)(c). 58 (3) “Local manufacturing development program” means a 59 program enacted by a local government for approval of master 60 development plans under s. 163.3252. 61 (4) “Manufacturer” means a business that is classified in 62 Sectors 31-33 of the National American Industry Classification 63 System (NAICS) and is located, or intends to locate, within the 64 geographic boundaries of an area designated by a local 65 government as provided under s. 163.3252. 66 (5) “Participating agency” means: 67 (a) The Department of Environmental Protection. 68 (b) The Department of Transportation. 69 (c) The Fish and Wildlife Conservation Commission, when 70 acting pursuant to statutory authority granted by the 71 Legislature. 72 (d) Water management districts. 73 (6) “State development approval” means a state or regional 74 permit or other approval issued by a participating agency, or a 75 modification of such permit or approval, which must be obtained 76 before the development or expansion of a manufacturer’s site, 77 and includes, but is not limited to, those specified in s. 78 163.3253(1). 79 Section 3. Section 163.3252, Florida Statutes, is created 80 to read: 81 163.3252 Local manufacturing development program; master 82 development approval for manufacturers.—A local government may 83 adopt an ordinance establishing a local manufacturing 84 development program through which the local government may grant 85 master development approval for the development or expansion of 86 sites that are, or are proposed to be, operated by manufacturers 87 at specified locations within the local government’s geographic 88 boundaries. 89 (1)(a) A local government that elects to establish a local 90 manufacturing development program shall submit a copy of the 91 ordinance establishing the program to the department within 20 92 days after the ordinance is enacted. 93 (b) A local government ordinance adopted before the 94 effective date of this act establishes a local manufacturing 95 development program if it satisfies the minimum criteria 96 established in subsection (3) and if the local government 97 submits a copy of the ordinance to the department on or before 98 September 1, 2013. 99 (2) By December 1, 2013, the department shall develop a 100 model ordinance to guide local governments that intend to 101 establish a local manufacturing development program. The model 102 ordinance, which need not be adopted by a local government, must 103 include: 104 (a) Procedures for a manufacturer to apply for a master 105 development plan and procedures for a local government to review 106 and approve a master development plan. 107 (b) Identification of those areas within the local 108 government’s jurisdiction which are subject to the program. 109 (c) Minimum elements for a master development plan, 110 including, but not limited to: 111 1. A site map. 112 2. A list proposing the site’s land uses. 113 3. Maximum square footage, floor area ratio, and building 114 heights for future development on the site, specifying with 115 particularity those features and facilities for which the local 116 government will require the establishment of maximum dimensions. 117 4. Development conditions. 118 (d) A list of the development impacts, if applicable to the 119 proposed site, which the local government will require to be 120 addressed in a master development plan, including, but not 121 limited to: 122 1. Drainage. 123 2. Wastewater. 124 3. Potable water. 125 4. Solid waste. 126 5. Onsite and offsite natural resources. 127 6. Preservation of historic and archeological resources. 128 7. Offsite infrastructure. 129 8. Public services. 130 9. Compatibility with adjacent offsite land uses. 131 10. Vehicular and pedestrian entrance to and exit from the 132 site. 133 11. Offsite transportation impacts. 134 (e) A provision vesting any existing development rights 135 authorized by the local government before the approval of a 136 master development plan, if requested by the manufacturer. 137 (f) Whether an expiration date is required for a master 138 development plan and, if required, a provision stating that the 139 expiration date may not be earlier than 10 years after the 140 plan’s adoption. 141 (g) A provision limiting the circumstances that require an 142 amendment to an approved master development plan to the 143 following: 144 1. Enactment of state law or local ordinance addressing an 145 immediate and direct threat to the public safety that requires 146 an amendment to the master development order. 147 2. Any revision to the master development plan initiated by 148 the manufacturer. 149 (h) A provision stating that the scope of review for any 150 amendment to a master development plan is limited to the 151 amendment and does not subject any other provision of the 152 approved master development plan to further review. 153 (i) A provision stating that, during the term of a master 154 development plan, the local government may not require 155 additional local development approvals for those development 156 impacts listed in paragraph (d) that are addressed in the master 157 development plan, other than approval of a building permit to 158 ensure compliance with the state building code and any other 159 applicable state-mandated life and safety code. 160 (j) A provision stating that, before commencing 161 construction or site development work, the manufacturer must 162 submit a certification, signed by a licensed architect, 163 engineer, or landscape architect, attesting that such work 164 complies with the master development plan. 165 (k) A provision establishing the form that will be used by 166 the local government to certify that a manufacturer is eligible 167 to participate in the local manufacturing development program 168 adopted by that jurisdiction. 169 (3) A local manufacturing development program ordinance 170 must, at a minimum, be consistent with subsection (2) and 171 establish procedures for: 172 (a) Reviewing an application from a manufacturer for 173 approval of a master development plan. 174 (b) Approving a master development plan, which may include 175 conditions that address development impacts anticipated during 176 the life of the development. 177 (c) Developing the site in a manner consistent with the 178 master development plan without requiring additional local 179 development approvals other than building permits. 180 (d) Certifying that a manufacturer is eligible to 181 participate in the local manufacturing development program. 182 (4)(a) A local government that establishes a local 183 manufacturing development program may not abolish the program 184 until it has been in effect for at least 24 months. 185 (b) If a local government repeals its local manufacturing 186 development program ordinance: 187 1. Any application for a master development plan which is 188 submitted to the local government before the effective date of 189 the repeal is vested and remains subject to the local 190 manufacturing development program ordinance in effect when the 191 application was submitted; and 192 2. The manufacturer that submitted the application is 193 entitled to participate in the manufacturing development 194 coordinated approval process established in s. 163.3253. 195 Section 4. Section 163.3253, Florida Statutes, is created 196 to read: 197 163.3253 Coordinated manufacturing development approval 198 process.—Participating agencies shall coordinate the 199 manufacturing development approval process, as set forth in this 200 section, for manufacturers that are developing or expanding in 201 the jurisdiction of a local government that has a local 202 manufacturing development program. 203 (1) Participating agencies shall collaborate and coordinate 204 the simultaneous review of applications for the following state 205 development approvals: 206 (a) Wetland or environmental resource permits. 207 (b) Surface water management permits. 208 (c) Stormwater permits. 209 (d) Consumptive water use permits. 210 (e) Wastewater permits. 211 (f) Air emission permits. 212 (g) Permits relating to listed species. 213 (h) Highway or roadway access permits. 214 (i) Any other state development approval within the scope 215 of a participating agency’s authority. 216 (2)(a) When filing its application for state development 217 approval, a manufacturer shall file with each participating 218 agency proof that its development or expansion is located in the 219 jurisdiction of a local government that has a local 220 manufacturing development program. 221 (b) If a local government repeals its local manufacturing 222 development program ordinance, a manufacturer developing or 223 expanding in that jurisdiction remains entitled to participate 224 in the process if the manufacturer submitted its application for 225 a local government development approval before the effective 226 date of repeal. 227 (3) At any time during the process, if a manufacturer 228 requests a meeting with one or more participating agencies to 229 facilitate the process, such participating agency shall convene 230 and attend such meeting. 231 (4) If a participating agency determines that an 232 application is incomplete, the participating agency shall notify 233 the applicant, in writing, of the additional information 234 necessary to complete the application. 235 (a) Unless the deadline is waived in writing by the 236 manufacturer, a participating agency shall provide a request for 237 additional information to the manufacturer within 20 days after 238 the date the application is filed with the participating agency. 239 (b) If the participating agency does not request additional 240 information within the 20-day period, the participating agency 241 may not subsequently deny the application based on the 242 manufacturer’s failure to provide additional information. 243 (c) Within 10 days after the manufacturer’s response to the 244 request for additional information, a participating agency may 245 make a second request for additional information for the sole 246 purpose of obtaining clarification of the manufacturer’s 247 response. 248 (5)(a) Unless the deadline is waived in writing by the 249 manufacturer, each participating agency shall take final agency 250 action on a state development approval within its authority 251 within 60 days after a complete application is filed. The 60-day 252 period is tolled by the initiation of a proceeding under ss. 253 120.569 and 120.57. 254 (b) A participating agency shall notify the manufacturer if 255 the agency intends to deny a manufacturer’s application and, 256 unless waived in writing by the manufacturer, the participating 257 agency shall timely convene an informal meeting to facilitate a 258 resolution. 259 (c) Unless waived in writing by the manufacturer, if a 260 participating agency does not approve or deny an application 261 within the 60-day period, within the time allowed by a federally 262 delegated permitting program, or, if a proceeding is initiated 263 under ss. 120.569 and 120.57, within 45 days after a recommended 264 order is submitted to the agency and the parties, the state 265 development approval within the authority of the participating 266 agency is deemed approved. A manufacturer seeking to claim 267 approval by default under this subsection shall notify, in 268 writing, the clerk of the participating agency of that intent. A 269 manufacturer may not take action based on the default approval 270 until such notice is received by the agency clerk. 271 (d) At any time after a proceeding is initiated under ss. 272 120.569 and 120.57, the manufacturer may demand expeditious 273 resolution by serving notice on an administrative law judge and 274 all other parties to the proceeding. The administrative law 275 judge shall set the matter for final hearing no more than 30 276 days after receipt of such notice. After the final hearing is 277 set, a continuance may not be granted without the written 278 agreement of all parties. 279 (6) Subsections (4) and (5) do not apply to permit 280 applications governed by federally delegated or approved 281 permitting programs to the extent that subsections (4) and (5) 282 impose timeframes or other requirements that are prohibited by 283 or inconsistent with such federally delegated or approved 284 permitting programs. 285 Section 5. Section 288.111, Florida Statutes, is created to 286 read: 287 288.111 Information concerning local manufacturing 288 development programs.—The department shall develop materials 289 that identify each local government that establishes a local 290 manufacturing development program under s. 163.3252. The 291 materials, which the department may elect to develop and 292 maintain in electronic format or in any other format deemed by 293 the department to provide public access, must be updated at 294 least annually. Enterprise Florida, Inc., shall, and other state 295 agencies may, distribute the materials to prospective, new, 296 expanding, and relocating manufacturing businesses seeking to 297 conduct business in this state. 298 Section 6. This act shall take effect July 1, 2013.