Bill Text: FL S1126 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Permitting [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Read 3rd time -SJ 01249; Amendment(s) adopted (640332) -SJ 01249; Substituted CS/HB 7129 -SJ 01249; Laid on Table, companion bill(s) passed, see CS/HB 7129 (Ch. 2010-182), CS/HB 7179 (Ch. 2010-139), CS/CS/CS/SB 550 (Ch. 2010-205) -SJ 01249 [S1126 Detail]

Download: Florida-2010-S1126-Introduced.html

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Florida Senate - 2010                                    SB 1126 
 
By Senator Altman 
24-00934-10                                           20101126__ 
1                        A bill to be entitled 
2         An act relating to permitting; amending s. 403.973, 
3         F.S.; removing the authority of the Office of Tourism, 
4         Trade, and Economic Development to approve expedited 
5         permitting and comprehensive plan amendments; 
6         providing such authority to the Secretary of 
7         Environmental Protection; revising criteria for 
8         businesses submitting permit applications or local 
9         comprehensive plan amendments; providing that permit 
10         applications and local comprehensive plan amendments 
11         for specified biofuel and renewable energy projects 
12         are eligible for the expedited permitting process; 
13         providing for the establishment of regional permit 
14         action teams through the execution of memoranda of 
15         agreement developed by permit applicants and the 
16         secretary; providing for the appeal of a local 
17         government’s approval of an expedited permit or 
18         comprehensive plan amendment; requiring such appeals 
19         to be consolidated with challenges to state agency 
20         actions; specifying the form of the memoranda of 
21         agreement developed by the secretary; revising the 
22         deadline by which certain final orders must be issued; 
23         specifying additional requirements for recommended 
24         orders; providing for challenges to state agency 
25         action related to expedited permitting for specified 
26         renewable energy projects; revising provisions 
27         relating to the review of sites proposed for the 
28         location of facilities eligible for the Innovation 
29         Incentive Program; providing that certain electrical 
30         power projects are ineligible for expedited review; 
31         providing an effective date. 
32 
33  Be It Enacted by the Legislature of the State of Florida: 
34 
35         Section 1. Section 403.973, Florida Statutes, is amended to 
36  read: 
37         403.973 Expedited permitting; amendments to comprehensive 
38  plans plan amendments.— 
39         (1) It is the intent of the Legislature to encourage and 
40  facilitate the location and expansion of those types of economic 
41  development projects which offer job creation and high wages, 
42  strengthen and diversify the state’s economy, and have been 
43  thoughtfully planned to take into consideration the protection 
44  of the state’s environment. It is also the intent of the 
45  Legislature to provide for an expedited permitting and 
46  comprehensive 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 
49  general circulation in the municipality or county with 
50  jurisdiction. The notice shall appear on at least 2 separate 
51  days, one of which shall be at least 7 days before the meeting. 
52  The notice shall state the date, time, and place of the meeting 
53  scheduled to discuss or enact the memorandum of agreement, and 
54  the places within the municipality or county where such proposed 
55  memorandum of agreement may be inspected by the public. The 
56  notice must be one-eighth of a page in size and must be 
57  published in a portion of the paper other than the legal notices 
58  section. The notice shall also advise that interested parties 
59  may appear at the meeting and be heard with respect to the 
60  memorandum of agreement. 
61         (b) “Jobs” means permanent, full-time equivalent positions 
62  not including construction jobs. 
63         (c) “Office” means the Office of Tourism, Trade, and 
64  Economic Development. 
65         (c)(d) “Permit applications” means state permits and 
66  licenses, and at the option of a participating local government, 
67  local development permits or orders. 
68         (d) “Secretary” means the Secretary of Environmental 
69  Protection or his or her designee. 
70         (3)(a) The secretary Governor, through the office, shall 
71  direct the creation of regional permit action teams, for the 
72  purpose of expediting review of permit applications and local 
73  comprehensive 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 
76  is located in an enterprise zone, or in a county having a 
77  population of fewer less than 75,000 or in a county having a 
78  population of fewer less than 100,000 which is contiguous to a 
79  county having a population of fewer less than 75,000, as 
80  determined by the most recent decennial census, residing in 
81  incorporated and unincorporated areas of the county., or 
82         (b) On a case-by-case basis and at the request of a county 
83  or municipal government, the secretary office may certify as 
84  eligible for expedited review a project not meeting the minimum 
85  job creation thresholds but creating a minimum of 10 jobs. The 
86  recommendation from the governing body of the county or 
87  municipality in which the project may be located is required in 
88  order for the secretary office to certify that any project is 
89  eligible for expedited review under this paragraph. When 
90  considering projects that do not meet the minimum job creation 
91  thresholds but that are recommended by the governing body in 
92  which the project may be located, the secretary office shall 
93  consider economic impact factors that include, but are not 
94  limited to: 
95         1. The proposed wage and skill levels relative to those 
96  existing in the area in which the project may be located; 
97         2. The project’s potential to diversify and strengthen the 
98  area’s economy; 
99         3. The amount of capital investment; and 
100         4. The number of jobs that will be made available for 
101  persons served by the welfare transition program. 
102         (c) At the request of a county or municipal government, the 
103  secretary office or a Quick Permitting County may certify 
104  projects located in counties where the ratio of new jobs per 
105  participant in the welfare transition program, as determined by 
106  Workforce Florida, Inc., is less than one or otherwise critical, 
107  as eligible for the expedited permitting process. Such projects 
108  must meet the numerical job creation criteria of this 
109  subsection, but the jobs created by the project do not have to 
110  be high-wage jobs that diversify the state’s economy. 
111         (d) Projects located in a designated brownfield area are 
112  eligible for the expedited permitting process. 
113         (e) Projects that are part of the state-of-the-art 
114  biomedical research institution and campus to be established in 
115  this state by the grantee under s. 288.955 are eligible for the 
116  expedited permitting process, if the projects are designated as 
117  part of the institution or campus by the board of county 
118  commissioners of the county in which the institution and campus 
119  are established. 
120         (f) Projects resulting in the production of biofuels 
121  cultivated on lands that are 1,000 acres or more or the 
122  construction of a biofuel or biodiesel processing facility or a 
123  facility generating renewable energy as defined in s. 
124  366.91(2)(d) are eligible for the expedited permitting process. 
125         (4) The regional teams shall be established through the 
126  execution of memoranda of agreement developed by the applicant 
127  and between the secretary, with input solicited from office and 
128  the respective heads of the Department of Environmental 
129  Protection, the Department of Community Affairs, the Department 
130  of Transportation and its district offices, the Department of 
131  Agriculture and Consumer Services, the Fish and Wildlife 
132  Conservation Commission, appropriate regional planning councils, 
133  appropriate water management districts, and voluntarily 
134  participating municipalities and counties. The memoranda of 
135  agreement should also accommodate participation in this 
136  expedited process by other local governments and federal 
137  agencies as circumstances warrant. 
138         (5) In order to facilitate local government’s option to 
139  participate in this expedited review process, the secretary 
140  office shall, in cooperation with local governments and 
141  participating state agencies, create a standard form memorandum 
142  of agreement. A local government shall hold a duly noticed 
143  public workshop to review and explain to the public the 
144  expedited permitting process and the terms and conditions of the 
145  standard form memorandum of agreement. 
146         (6) The local government shall hold a duly noticed public 
147  hearing to execute a memorandum of agreement for each qualified 
148  project. Notwithstanding any other provision of law, and at the 
149  option of the local government, the workshop provided for in 
150  subsection (5) may be conducted on the same date as the public 
151  hearing held under this subsection. The memorandum of agreement 
152  that a local government signs shall include a provision 
153  identifying necessary local government procedures and time 
154  limits that will be modified to allow for the local government 
155  decision on the project within 90 days. The memorandum of 
156  agreement applies to projects, on a case-by-case basis, that 
157  qualify for special review and approval as specified in this 
158  section. The memorandum of agreement must make it clear that 
159  this expedited permitting and review process does not modify, 
160  qualify, or otherwise alter existing local government 
161  nonprocedural standards for permit applications, unless 
162  expressly authorized by law. 
163         (7) At the option of the participating local government, 
164  Appeals of local government approvals its final approval for a 
165  project shall may be pursuant to the summary hearing provisions 
166  of s. 120.574, pursuant to subsection (14), and consolidated 
167  with the challenge of any applicable state agency actions or 
168  pursuant to other appellate processes available to the local 
169  government. The local government’s decision to enter into a 
170  summary hearing must be made as provided in s. 120.574 or in the 
171  memorandum of agreement. 
172         (8) Each memorandum of agreement shall include a process 
173  for final agency action on permit applications and local 
174  comprehensive plan amendment approvals within 90 days after 
175  receipt of a completed application, unless the applicant agrees 
176  to a longer time period or the secretary office determines that 
177  unforeseen or uncontrollable circumstances preclude final agency 
178  action within the 90-day timeframe. Permit applications governed 
179  by federally delegated or approved permitting programs whose 
180  requirements would prohibit or be inconsistent with the 90-day 
181  timeframe are exempt from this provision, but must be processed 
182  by the agency with federally delegated or approved program 
183  responsibility as expeditiously as possible. 
184         (9) The secretary office shall inform the Legislature by 
185  October 1 of each year which agencies have not entered into or 
186  implemented an agreement and identify any barriers to achieving 
187  success of the program. 
188         (10) The memoranda of agreement may provide for the waiver 
189  or modification of procedural rules prescribing forms, fees, 
190  procedures, or time limits for the review or processing of 
191  permit applications under the jurisdiction of those agencies 
192  that are party to the memoranda of agreement. Notwithstanding 
193  any other provision of law to the contrary, a memorandum of 
194  agreement must to the extent feasible provide for proceedings 
195  and hearings otherwise held separately by the parties to the 
196  memorandum of agreement to be combined into one proceeding or 
197  held jointly and at one location. Such waivers or modifications 
198  shall not be available for permit applications governed by 
199  federally delegated or approved permitting programs, the 
200  requirements of which would prohibit, or be inconsistent with, 
201  such a waiver or modification. 
202         (11) The standard form for memoranda of agreement shall 
203  include guidelines to be used in working with state, regional, 
204  and local permitting authorities. Guidelines may include, but 
205  are not limited to, the following: 
206         (a) A central contact point for filing permit applications 
207  and local comprehensive plan amendments and for obtaining 
208  information on permit and local comprehensive plan amendment 
209  requirements; 
210         (b) Identification of the individual or individuals within 
211  each respective agency who will be responsible for processing 
212  the expedited permit application or local comprehensive plan 
213  amendment for that agency; 
214         (c) A mandatory preapplication review process to reduce 
215  permitting conflicts by providing guidance to applicants 
216  regarding the permits needed from each agency and governmental 
217  entity, site planning and development, site suitability and 
218  limitations, facility design, and steps the applicant can take 
219  to ensure expeditious permit application and local comprehensive 
220  plan amendment review. As a part of this process, the first 
221  interagency meeting to discuss a project shall be held within 14 
222  days after the secretary’s office’s determination that the 
223  project is eligible for expedited review. Subsequent interagency 
224  meetings may be scheduled to accommodate the needs of 
225  participating local governments that are unable to meet public 
226  notice requirements for executing a memorandum of agreement 
227  within this timeframe. This accommodation may not exceed 45 days 
228  from the secretary’s office’s determination that the project is 
229  eligible for expedited review; 
230         (d) The preparation of a single coordinated project 
231  description form and checklist and an agreement by state and 
232  regional agencies to reduce the burden on an applicant to 
233  provide duplicate information to multiple agencies; 
234         (e) Establishment of a process for the adoption and review 
235  of any comprehensive plan amendment needed by any certified 
236  project within 90 days after the submission of an application 
237  for a comprehensive plan amendment. However, the memorandum of 
238  agreement may not prevent affected persons as defined in s. 
239  163.3184 from appealing or participating in this expedited plan 
240  amendment process and any review or appeals of decisions made 
241  under this paragraph; and 
242         (f) Additional incentives for an applicant who proposes a 
243  project that provides a net ecosystem benefit. 
244         (12) The applicant, the regional permit action team, and 
245  participating local governments may agree to incorporate into a 
246  single document the permits, licenses, and approvals that are 
247  obtained through the expedited permit process. This consolidated 
248  permit is subject to the summary hearing provisions set forth in 
249  subsection (14). 
250         (13) Notwithstanding any other provisions of law: 
251         (a) Local comprehensive plan amendments for projects 
252  qualified under this section are exempt from the twice-a-year 
253  limits provision in s. 163.3187; and 
254         (b) Projects qualified under this section are not subject 
255  to interstate highway level-of-service standards adopted by the 
256  Department of Transportation for concurrency purposes. The 
257  memorandum of agreement specified in subsection (5) must include 
258  a process by which the applicant will be assessed a fair share 
259  of the cost of mitigating the project’s significant traffic 
260  impacts, as defined in chapter 380 and related rules. The 
261  agreement must also specify whether the significant traffic 
262  impacts on the interstate system will be mitigated through the 
263  implementation of a project or payment of funds to the 
264  Department of Transportation. Where funds are paid, the 
265  Department of Transportation must include in the 5-year work 
266  program transportation projects or project phases, in an amount 
267  equal to the funds received, to mitigate the traffic impacts 
268  associated with the proposed project. 
269         (14)(a) Challenges to state agency action in the expedited 
270  permitting process for projects processed under this section are 
271  subject to the summary hearing provisions of s. 120.574, except 
272  that the administrative law judge’s decision, as provided in s. 
273  120.574(2)(f), shall be in the form of a recommended order and 
274  shall not constitute the final action of the state agency. In 
275  those proceedings where the action of only one agency of the 
276  state, other than the Department of Environmental Protection, is 
277  challenged, the agency of the state shall issue the final order 
278  within 45 10 working days after of receipt of the administrative 
279  law judge’s recommended order. The recommended order shall 
280  inform the parties of their right to file exceptions or 
281  responses to the recommended order in accordance with the Rules 
282  of Administrative Procedure. In those proceedings where the 
283  actions of more than one agency of the state are challenged, the 
284  Governor shall issue the final order within 45 10 working days 
285  after of receipt of the administrative law judge’s recommended 
286  order. The recommended order shall inform the parties of their 
287  right to file exceptions or responses to the recommended order 
288  in accordance with the Rules of Administrative Procedure. This 
289  paragraph does not apply to the issuance of department licenses 
290  required under any federally delegated or approved permit 
291  program. In such instances, the department shall enter the final 
292  order. The participating agencies of the state may opt at the 
293  preliminary hearing conference to allow the administrative law 
294  judge’s decision to constitute the final agency action. If a 
295  participating local government agrees to participate in the 
296  summary hearing provisions of s. 120.574 for purposes of review 
297  of local government comprehensive plan amendments, s. 
298  163.3184(9) and (10) apply. 
299         (b) Projects identified in paragraph (3)(f) or challenges 
300  to state agency action in the expedited permitting process for 
301  establishment of a state-of-the-art biomedical research 
302  institution and campus in this state by the grantee under s. 
303  288.955 are subject to the same requirements as challenges 
304  brought under paragraph (a), except that, notwithstanding s. 
305  120.574, summary proceedings must be conducted within 30 days 
306  after a party files the motion for summary hearing, regardless 
307  of whether the parties agree to the summary proceeding. 
308         (15) The secretary office, working with the agencies 
309  providing cooperative assistance and input regarding 
310  participating in the memoranda of agreement, shall review sites 
311  proposed for the location of facilities eligible for the 
312  Innovation Incentive Program under s. 288.1089. Within 20 days 
313  after the request for the review by the secretary office, the 
314  agencies shall provide to the secretary office a statement as to 
315  each site’s necessary permits under local, state, and federal 
316  law and an identification of significant permitting issues, 
317  which if unresolved, may result in the denial of an agency 
318  permit or approval or any significant delay caused by the 
319  permitting process. 
320         (16) This expedited permitting process shall not modify, 
321  qualify, or otherwise alter existing agency nonprocedural 
322  standards for permit applications or local comprehensive plan 
323  amendments, unless expressly authorized by law. If it is 
324  determined that the applicant is not eligible to use this 
325  process, the applicant may apply for permitting of the project 
326  through the normal permitting processes. 
327         (17) The secretary office shall be responsible for 
328  certifying a business as eligible for undergoing expedited 
329  review under this section. Enterprise Florida, Inc., a county or 
330  municipal government, or the Rural Economic Development 
331  Initiative may recommend to the secretary Office of Tourism, 
332  Trade, and Economic Development that a project meeting the 
333  minimum job creation threshold undergo expedited review. 
334         (18) The secretary office, working with the Rural Economic 
335  Development Initiative and the agencies participating in the 
336  memoranda of agreement, shall provide technical assistance in 
337  preparing permit applications and local comprehensive plan 
338  amendments for counties having a population of less than 75,000 
339  residents, or counties having fewer than 100,000 residents which 
340  are contiguous to counties having fewer than 75,000 residents. 
341  Additional assistance may include, but not be limited to, 
342  guidance in land development regulations and permitting 
343  processes, working cooperatively with state, regional, and local 
344  entities to identify areas within these counties which may be 
345  suitable or adaptable for preclearance review of specified types 
346  of land uses and other activities requiring permits. 
347         (19) The following projects are ineligible for review under 
348  this part: 
349         (a) A project funded and operated by a local government, as 
350  defined in s. 377.709, and located within that government’s 
351  jurisdiction. 
352         (b) A project, the primary purpose of which is to: 
353         1. Effect the final disposal of solid waste, biomedical 
354  waste, or hazardous waste in this state. 
355         2. Produce electrical power, unless the production of 
356  electricity is incidental and not the primary function of the 
357  project or the electrical power is derived from a fuel source 
358  for renewable energy as defined in s. 366.91(2)(d). 
359         3. Extract natural resources. 
360         4. Produce oil. 
361         5. Construct, maintain, or operate an oil, petroleum, 
362  natural gas, or sewage pipeline. 
363         Section 2. This act shall take effect upon becoming a law.