Fla. Stat. § 163.3252 — Florida Code / Title XI / Chapter 163 / Part II / Section 163.3252
163.3252 Local manufacturing development program; master development approval for manufacturers.
Status: in_force

A local government may adopt an ordinance establishing a local manufacturing development program through which the local government may grant master development approval for the development or expansion of sites that are, or are proposed to be, operated by manufacturers at specified locations within the local government’s geographic boundaries.

(1)(a) A local government that elects to establish a local manufacturing development program shall submit a copy of the ordinance establishing the program to the department within 20 days after the ordinance is enacted. (b) A local government ordinance adopted before the effective date of this act establishes a local manufacturing development program if it satisfies the minimum criteria established in subsection (3) and if the local government submits a copy of the ordinance to the department on or before September 1, 2013.

(2) By December 1, 2013, the department shall develop a model ordinance to guide local governments that intend to establish a local manufacturing development program. The model ordinance, which need not be adopted by a local government, must include: (a) Procedures for a manufacturer to apply for a master development plan and procedures for a local government to review and approve a master development plan. (b) Identification of those areas within the local government’s jurisdiction which are subject to the program. (c) Minimum elements for a master development plan, including, but not limited to: 1. A site map. 2. A list proposing the site’s land uses. 3. Maximum square footage, floor area ratio, and building heights for future development on the site, specifying with particularity those features and facilities for which the local government will require the establishment of maximum dimensions. 4. Development conditions. (d) A list of the development impacts, if applicable to the proposed site, which the local government will require to be addressed in a master development plan, including, but not limited to: 1. Drainage. 2. Wastewater. 3. Potable water. 4. Solid waste. 5. Onsite and offsite natural resources. 6. Preservation of historic and archaeological resources. 7. Offsite infrastructure. 8. Public services. 9. Compatibility with adjacent offsite land uses. 10. Vehicular and pedestrian entrance to and exit from the site. 11. Offsite transportation impacts. (e) A provision vesting any existing development rights authorized by the local government before the approval of a master development plan, if requested by the manufacturer. (f) Whether an expiration date is required for a master development plan and, if required, a provision stating that the expiration date may not be earlier than 10 years after the plan’s adoption. (g) A provision limiting the circumstances that require an amendment to an approved master development plan to the following: 1. Enactment of state law or local ordinance addressing an immediate and direct threat to the public safety that requires an amendment to the master development order. 2. Any revision to the master development plan initiated by the manufacturer. (h) A provision stating that the scope of review for any amendment to a master development plan is limited to the amendment and does not subject any other provision of the approved master development plan to further review. (i) A provision stating that, during the term of a master development plan, the local government may not require additional local development approvals for those development impacts listed in paragraph (d) that are addressed in the master development plan, other than approval of a building permit to ensure compliance with the state building code and any other applicable state-mandated life and safety code. (j) A provision stating that, before commencing construction or site development work, the manufacturer must submit a certification, signed by a licensed architect, engineer, or landscape architect, attesting that such work complies with the master development plan. (k) A provision establishing the form that will be used by the local government to certify that a manufacturer is eligible to participate in the local manufacturing development program adopted by that jurisdiction.

(3) A local manufacturing development program ordinance must, at a minimum, be consistent with subsection (2) and establish procedures for: (a) Reviewing an application from a manufacturer for approval of a master development plan. (b) Approving a master development plan, which may include conditions that address development impacts anticipated during the life of the development. (c) Developing the site in a manner consistent with the master development plan without requiring additional local development approvals other than building permits. (d) Certifying that a manufacturer is eligible to participate in the local manufacturing development program.

(4)(a) A local government that establishes a local manufacturing development program may not abolish the program until it has been in effect for at least 24 months. (b) If a local government repeals its local manufacturing development program ordinance: 1. Any application for a master development plan which is submitted to the local government before the effective date of the repeal is vested and remains subject to the local manufacturing development program ordinance in effect when the application was submitted; and 2. The manufacturer that submitted the application is entitled to participate in the manufacturing development coordinated approval process established in s. 163.3253.

History: s. 3, ch. 2013-224.