Agenda 06/11/2013 Item # 5B6/11/2013 5.B.
EXECUTIVE SUMMARY
A Presentation by a representative of the Southwest Florida Regional Planning Council
staff who is appearing before the BCC to present a Southwest Regional Planning Council
Draft Report entitled "Legal and Regulatory Reform to Increase Government Efficiency in
Rural Areas of Critical Economic Concern in Southwest Florida" dated June 4, 2013, to
summarize the findings of the reports, and to answer any questions the Board may have.
OBJECTIVE: A Presentation by the representative of the Southwest Florida Regional Planning
Council staff who is appearing before the BCC to present a Southwest Regional Planning
Council Draft Report entitled "Legal and Regulatory Reform to Increase Government Efficiency
in Rural Areas of Critical Economic Concern in Southwest Florida" dated June 4, 2013, and to
summarize the findings of the reports, and answer any questions the Board may have.
CONSIDERATIONS: In February 2013, the Southwest Florida Regional Planning Council
was awarded a grant by the Florida Department of Economic Opportunity to provide technical
assistance to rural areas of the region. Specifically, the Council was charged with the task of
identifying legal and regulatory barriers to economic development in Rural Areas of Critical
Economic Concern (Glades County, Hendry County, and the unincorporated community of
Immokalee in Collier County.) By virtue of this designation, these areas of economic concern
receive special consideration for economic development initiatives administered by the State of
Florida.
The grant directed Council to appoint an ad hoc committee, consisting of public and private
representatives from the participating communities, to analyze the issues, research potential
solutions, discuss alternatives, and identify concrete actions to address barriers to economic
development in the Region's Rural Areas of Critical Economic Concern. The attached report is
based on the work of the committee, as well as additional research done by Council staff. A
representative of Council staff is attending the meeting to summarize the findings of the report
and answer any questions the Board may have.
FISCAL IMPACT: None
LEGAL CONSIDERATIONS: None
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: For the BCC to accept the Southwest Florida Regional Planning
Council Draft Report entitled "Legal and Regulatory Reform to Increase Government Efficiency
in Rural Areas of Critical Economic Concern in Southwest Florida" dated June 4, 2013, and to
consider the information presented during future considerations of legal and regulatory reform in
Immokalee and rural Collier County.
PREPARED BY: Jim Flanagan for Commissioner Tim Nance
AGENDA DATE: June 11, 2013
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COLLIER COUNTY
Board of County Commissioners
Item Number: 5.5.6.
Item Summary: Presentation by David Crawford, Planner IV and Sean McCabe, Planning
Consultant of the Southwest Florida Regional Planning Council - Draft Report entitled "Legal
and Regulatory Reform to Increase Government Efficiency on Rural Areas of Critical Economic
Concern in Southwest Florida. (Commissioner Nance)
Meeting Date: 6/11/2013
Prepared By
Name: FlanaganJim
Title: VALUE MISSING
6/4/2013 5:25:58 PM
Submitted by
Title: VALUE MISSING
Name: FlanaganJim
6/4/2013 5:26:00 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 6/5/2013 10:50:05 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 6/5/2013 11:52:07 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/5/2013 11:55:02 AM
Name: OchsLeo
Title: County Manager
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Date: 6/5/2013 3:16:09 PM
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6/11/2013 5.B.
6/11/2013 5.B.
State of Florida
Department of Economic Opportunity
Division of Community Development
Draft Report:
Legal and Regulatory Reform to Increase Government Efficiency in
Rural Areas of Critical Economic Concern in Southwest Florida
Southwest Florida Regional Planning Council
June 4, 2013
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Florida Department of Economic Opportunity
Division of Community Development
Legal and Regulatory Reform to Increase Government Efficiency in
Rural Areas of Critical Economic Concern in Southwest Florida
Table of Contents
I. Introduction ...................................................................................................... ............................... 1
A.
Grant Summary ............................................................................................ ............................... 2
B.
Preserving the Business of Agriculture ....................................................... ............................... 2
C.
Scope of Study to Increase Economic Opportunities in RACECs .............. ............................... 4
II. Federal and State Opportunities ....................................................................... ............................... 5
A.
Provision of Infrastructure ........................................................................... ...............................
5
B.
Integrating Hazard Mitigation Planning Into Infrastructure Planning and Funding Decisions..
6
C.
Federal and State Permitting ........................................................................ ...............................
7
D.
Legal Notice Publication Requirement ........................................................ ...............................
8
E.
Coordination and Standardization of Fire District Reviews ........................ ...............................
9
F.
Amending the Community Planning Act ................................................... ...............................
10
G.
Central or One Stop Permitting ................................................................. ...............................
11
H.
Permit Coordination and Standardization Between Agencies ................... ...............................
11
1.
State Portals ............................................................................................... ...............................
12
J.
Standardized Permit Applications ............................................................. ...............................
12
III. Regional Opportunities .................................................................................. ...............................
13
A.
Regional Economic Development Facilitator ............................................ ...............................
13
B.
Regional Permitting Facilitator .................................................................. ...............................
14
C.
Regional Interactive GIS Mapping Website .............................................. ...............................
15
W. Local Government Opportunities: Hendry County, Glades County, and the Unincorporated
Community of Immokalee in Collier County ................................................ ...............................
16
A.
Streamlined and One Stop Permitting ....................................................... ...............................
16
B.
Online and Electronic Permitting .............................................................. ...............................
17
C.
Increased Scope of Administrative Review by Staff ................................. ...............................
18
D.
Expedited Reviews via Overlays for Economic Generators ...................... ...............................
19
E.
Relaxation of Land Development Code for Inland Areas of Collier County ...........................
19
V. Conclusions ...................................................................................................... .............................20
A.
Hendry County ........................................................................................... ...............................
20
i
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B. Glades County ............................................................................................ ............................... 20
C. Town of Immokalee (Collier County) ....................................................... ............................... 20
VI. APPENDICES ............................................................................................... ............................... 21
A. Interviews with Local Government and Private Sector Persons ................ ............................... 21
B. Florida Laws Protecting Agricultural Lands ............................................. ............................... 22
C. Economic Development Programs Targeting Rural Agricultural Lands in Florida ................. 23
D. Trends and Policy of Public Notice Publication Requirements ................. ............................... 31
E. Florida Laws Affecting Public Notice Publication Requirements ............. ............................... 32
F. Census Data for Critical Areas of Economic Concern .............................. ............................... 34
G. Comprehensive Economic Development Strategy Vital Projects ............. ............................... 36
H. States Utilizing One -stop Portals .. ...............................
ii
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Florida Department of Economic Opportunity
Division of Community Development
Legal and Regulatory Reform to Increase Government Efficiency in
Rural Areas of Critical Economic Concern in Southwest Florida
I. Introduction
In 2012, the legislature appropriated recurring funds from the Grants and Donations Trust Fund
for the purpose of providing technical assistance to local governments for implementation of the
State's growth management planning efforts; the Department of Economic Opportunity awarded
a grant to the Southwest Florida Regional Planning Council to provide technical assistance to
rural areas of the region. The grant is planned as a six month project, starting on January 1, 2013,
and ending on June 30, 2013.
The rural areas within the Southwest Florida Regional Planning Council that have been classified
by the governor as Rural Areas of Critical Economic Concern ( "RACECs" or "areas of economic
concern") pursuant to § 288.0656(7), Florida Statutes, are Glades County, Hendry County, and
the unincorporated community of Immokalee in Collier County. The predominant industry in
these rural areas is agriculture — primarily cattle, sugar cane, produce, and citrus.
The lack of business diversity in these areas necessitates a need for economic development that
will result in improvements to the tax base and provide jobs and economic opportunities for
residents of the region. The key economic indicators or factors used in determining the
designation include per capita income, average annual wages, percentage of people in poverty,
and average annual unemployment rate. (See Appendix F, Census Data for Critical Areas of
Economic Concern.) By virtue of this designation, these areas of economic concern receive
special consideration for economic development initiatives administered by the State of Florida.
The executive order designating these areas as RACECs 1 states that:
• The areas shall be a priority assignment for the Rural Economic Development Initiative;
On a case -by -case basis, the criteria, requirements or provisions of economic development
incentives may be waived. Such incentives shall include but not be limited to the Qualified
Target Industry Tax Refund Program under § 288.106, the Quick Response Training
Program under § 288.047, the WAGES Quick Response Training Program under
§ 288.047(10), transportation projects under § 288.063, the brownfield redevelopment bonus
refund under § 288.107, and the rural job tax credit program under §§ 212.098 and 220.1895,
Florida Statutes.
' EO 01 -26, 2001; redesignated most recently by EO 11 -81, 2011.
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A. Grant Summary
Pursuant to the grant funded by the by the Florida Department of Economic Opportunity, the
Southwest Florida Regional Planning Council ( SWFRPC) is responsible for performing the
following tasks:
1. Identify regulatory barriers that impede economic development in Rural Areas of Critical
Economic Concern;
2. Develop regulatory solutions that eliminate or circumvent the barriers; and
3. Assist local governments in the adoption of the recommended regulatory solutions.
The grant directs SWFRPC to appoint an ad hoc committee, consisting of public and private
representatives from the participating communities, to analyze the issues, research potential
solutions, discuss alternatives, and identify concrete actions that identified parties could take to
address the barriers to economic development in the affected counties.
The committee was formed and convened, and after a number of meetings, did indeed make
recommendations for regulatory reforms that it believes will streamline the regulatory process
and create a more attractive regulatory environment for development in areas of economic
concern. The solutions and actions have been translated, where possible, into adoptable
comprehensive plan policies, land development regulations, and local governmental staff review
procedures, which will be presented to each county's board of county commissioners for
consideration. The scope and timeline of the grant did not permit an exhaustive study of the
current regulations of each affected local government; rather, the recommendations are based on
interviews with local government and private sector persons familiar with the regulatory
landscape of the region. See Appendix A, Interviews with Local Government and Private Sector
Persons. If a local government wishes to conduct a comprehensive review of their local land
development regulations, they can use the tool kit referenced below.
A final deliverable will be a tool kit based on the process developed through the grant that can be
used to organize and educate local governments throughout the State on how to review and
streamline their regulatory process, with the objective of providing a predictable and efficient
legal and regulatory environment that will help to attract new businesses and expand existing
ones.
B. Preserving the Business of Agriculture
"Agriculture cannot be regulated into existence,
but it can be incrementally regulated out of existence. "2
There are legal and regulatory barriers to both agricultural and nonagricultural businesses in rural
areas. Agriculture is not only an important part of the economy of these rural areas; it is a
defining characteristic of their communities, inseparably intertwined with their history, values
and culture. While the promotion and attraction of new businesses to rural areas is certainly an
Katherine R English, interview on 4/23/13. Ms. English is a partner at Pavese Law Firm, where she specializes in
environmental and agricultural law; a member of the Florida Farm Bureau Water and Natural Resources Advisory
Committee; lecturer at the University of Florida Levin College of Law; she also remains involved in her family's
farming operations.
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objective that should be promoted and facilitated, the preservation of existing —and possibly
new — agricultural enterprises is an important component of planning for economic development
in rural areas.
The biggest economic barriers for agriculture are very similar to the barriers for other types of
economic development: transportation infrastructure, a skilled labor force (that isn't subject to
deportation in the case of some agricultural workers), and water. The transportation
infrastructure needed for agriculture is adequate roads and bridges to get supplies to fields and
crop to market. The labor needs of modern agriculture are diverse: modern farming technology
requires skilled workers to run expensive high -tech machinery; it is also important for agriculture
to have an adequate supply of seasonal workers.
Small farms in rural and urban areas are a growing business sector across the country. Starting a
new business is usually not an easy process for small businesses, and starting a small farm is no
exception.
Florida law does provide legal protection for agriculture; these protections apply to large and
small agricultural operations (a partial list is attached in Appendix B, Florida Laws Protecting
Agricultural Lands.) Although large -scale commercial agriculture feeds the vast majority of our
population, small farms serve an important and growing role: they provide alternatives not
offered by large -scale agriculture, that are being demanded by a growing market sector (locally
grown, organic, non -GMO, heirloom varieties, etc.) Eliminating legal and regulatory barriers to
the economic viability of all agricultural interests of all sizes serves a vital public policy goal.
"Whether defined in terms of volume of sales or by acreage, small farms make up the vast
majority of farms in Florida. In keeping with national trends, the number of small farms
continues to grow: in 2007 (year of the last agricultural census) farms of less than 50 acres
comprised 70% of the 47,463 farms in Florida. When considering value of sales, nearly 84% of
farms had sales values of less than $50,000. Nearly 90% of these fanns were identified as
"family" versus corporate fanns. And finally, small farms represent the fastest growing sector,
increasing (between 2002 and 2007) at a rate nearly twice that of larger farms. Clearly, the small
farm is a very important component of Florida agriculture.
The recent growth in small farms is due to many factors, including consumer interest in buying
locally grown and produced food products, organic farms, "farm fresh" products, community
supported agriculture, and similar issues. At the same time, Florida consumers consistently, rank
food safety as a primary concern. While the majority of our food supply comes to us through
large and complex chains of distribution, all farms and businesses, regardless of size, have an
obligation to produce a safe food product."
Small Farms: Recommendations to Minimize Costs GVhile Ensuring Food Safely. Report by the
Commissioner of Agriculture to the President of the Senate and Speaker of the House (January
2011, pg. 3) (Report submitted per directive in HB 5001, 2010 session)
The State also has expressed the intent of preserving businesses related to agriculture. Section
163.3177(7) references the public policy goals of preserving rural agricultural industrial centers:
1. There are a number of rural agricultural industrial centers in the state that
process, produce, or aid in the production or distribution of a variety of agriculturally
based products, including, but not limited to, fruits, vegetables, timber, and other
crops, and juices, paper, and building materials. Rural agricultural industrial centers
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have a significant amount of existing associated infrastructure that is used for
processing, producing, or distributing agricultural products.
2. Such rural agricultural industrial centers are often located within or near
communities in which the economy is largely dependent upon agriculture and
agriculturally based products. The centers significantly enhance the economy of such
communities. However, these agriculturally based communities are often
socioeconomically challenged and designated as rural areas of critical economic
concern. If such rural agricultural industrial centers are lost and not replaced with
other job- creating enterprises, the agriculturally based communities will lose a
substantial amount of their economies.
3. The state has a compelling interest in preserving the viability of agriculture and
protecting rural agricultural communities and the state from the economic upheaval
that would result from short-term or long -term adverse changes in the agricultural
economy. To protect these communities and promote viable agriculture for the long
term, it is essential to encourage and permit diversification of existing rural
agricultural industrial centers by providing for jobs that are not solely dependent
upon, but are compatible with and complement, existing agricultural industrial
operations and to encourage the creation and expansion of industries that use
agricultural products in innovative ways. However, the expansion and diversification
of these existing centers must be accomplished in a manner that does not promote
urban sprawl into surrounding agricultural and rural areas.
There are a number of state programs that promote economic development in the State's rural
areas of critical economic concern 3, and the laws governing the State reflect a long - standing
commitment to preserving both the primary agricultural interests and the ancillary businesses
related to agriculture (see Appendix C, Economic Development Programs Targeting Rural
Agricultural Lands in Florida.) Given the existence of these incentives for economic
development in rural parts of the State, and the fact that economic development is still slow in
coming to these areas, it was only natural to ask: are there legal or regulatory barriers to
economic development in these rural areas?
This report is an attempt to answer that question. The report documents the research and findings
of the committee appointed to study the question, and concludes with recommendations to
address the perceived underlying causes of the problem, including specific, actionable steps that
can be taken by local governments in the region's rural areas of critical economic concern.
C. Scope of Study to Increase Economic Opportunities in RACECs
The following issues and potential solutions are the result of the committee's review of the
current laws, regulations, policies, and government practices associated with the development
review process in the rural areas of the region. In the course of investigating regulatory barriers
that impede economic development in RACECs, the ad hoc committee determined that there are
larger obstacles to economic development in these areas than local land development regulations.
Accordingly, the recommendations in this report are more holistic and comprehensive, intended
3 See, e.g., § 288.0656, Rural Economic Development Initiative, Appendix C.
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to identify all barriers to economic development in the regional areas of economic concern,
regulatory or otherwise.
Therefore, in addition to identifying actions that local governments can take to promote
economic development in the identified rural areas, the report discusses actions that can be taken
by federal, state, and regional bodies.
In addition to the research and recommendations of the study committee, the SWFRPC also
conducted a series of one -on -one interviews with public and private sector persons to find out
what is working and not working in the area of regulatory reform. Applicable findings from these
interviews have been incorporated into the study, and a list of the contacts is attached in the
appendices.
The report is divided into three primary areas:
• Federal and State opportunities to promote economic activity in the region's RACECs;
• Regional opportunities to facilitate economic growth in rural areas of economic concern;
and
• Local government actions to promote economic development in rural areas of economic
concern.
II. Federal and State Opportunities
The study committee felt strongly that federal and state government play an extremely important
role in the economic development of rural parts of the State. It is only through the support of
these larger governmental entities that the rural areas of the State can hope to achieve their
economic development goals and objectives. Federal and state governments control funding for
roads, water projects, and other infrastructure needs; they also determine the priority of funding
for projects, as well as eligibility for waivers and incentives associated with state and federal
programs. The areas identified for study in this report include Hendry County, Glades County,
and the unincorporated town of Immokalee. Hendry County and Glades County are inland
counties that have a lower tax base than the coastal counties in southwest Florida, which
translates into less money to invest in the public infrastructure needed to attract new
development — transportation, drinking water and waste water, schools and universities,
broadband, skilled labor, etc.
Although the major obstacle to development identified by the study committee was lack of
infrastructure, the committee also found that some federal and state regulations and review
processes create significant barriers to economic development in rural areas of economic
concern. Some permitting processes take a significant amount of time to complete, and some are
duplicative of reviews done at regional or local levels.
A. Provision of Infrastructure
Issue. The primary issue restricting economic development in the region's rural areas of critical
economic concern is the lack of adequate infrastructure.
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Discussion. The rural counties need basic infrastructure so that new projects will have the basic
needs of potable water, sanitary sewers, and adequate roads. New businesses are reluctant to
locate in rural areas if the area lacks sufficient capacity to serve the needs of the business and
their employees; they do not want to pay for infrastructure, on top of the costs of land
acquisition, improvements, construction, and other business start-up expenses. Local
governments and economic development organizations in rural areas have numerous examples of
being on the potential site list for a business, only to lose the development to another community
with better infrastructure, work force, schools, or other services, or the ability to offer financial
incentives in the form of tax breaks or other means.
Transportation infrastructure needs of the rural areas of concern in the Region include roadway
improvements to provide improved access to rural areas, such as SR 80, SR 82, SR 29, US 27,
Airglades, and the Heartland Expressway. The affected local governments have succeeded in
getting roadway improvements included in the state transportation budget.
Adequate water and wastewater infrastructure is also important for attracting new business and
expanding existing businesses. Hendry County has had difficulty attracting new business
partners to the Airglades Airport, in part due to inadequate wastewater treatment capacity. The
current budget will not pay for the needed installation of a wastewater forcemain to the City of
Clewiston, estimated to cost four million dollars.
Funding for rural infrastructure has become the proverbial Catch 22 scenario: without better
infrastructure, these areas cannot attract new development; without new economic development,
the State will not fund the infrastructure, saying that funding is premature, or that it would
promote development in rural areas, in opposition to the goal of encouraging infill development
within existing urban service areas.
Recommendation. Federal and state government should coordinate resources to provide more
funding for local governments in rural areas to provide the infrastructure required to support new
development in suitable areas, similar to the federal program that helped local governments build
municipal wastewater treatment plants.
After passage of the Federal Water Pollution Control Act Amendments of 1972, Congress
raised. the federal matching share of grants for construction of publicly owned treatment works
to 75 %, and greatly increased the amount of funding available for the program, resulting in a
tenfold increase in federal funding for wastewater treatment grants during the 1970s, reaching
a high of $9.1 billion in 1980. Future Investment in Drinking Water and 1f'astewater
Infrastructure, pg. 6 (Nov. 2002).
B. Integrating Hazard Mitigation Planning Into Infrastructure Planning and Funding
Decisions
Issue. The committee believes that federal and state funding priorities should favor investment in
rural areas over coastal areas — not only do they have greater economic need, they are also a
more prudent investment of public funds, since they are less subject to hazards such as
hurricanes.
Hazard mitigation plans developed by regional development organizations often incorporate
long -term economic growth strategies that support sustainable development. Land use and design
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regulations can promote hazard mitigation goals while advancing sustainable development and
high - quality design, as in southern Mississippi towns after hurricane Katrina.
In Florida, local governments adjacent to the coast are required to incorporate a coastal zone
protection element in their comprehensive plan. This plan element is required to include the
principles, guidelines, standards, and strategies that will guide the local government's decisions
and program implementation with respect to various objectives, including limiting public
expenditures that subsidize development in coastal high - hazard areas. § 163.3177(6)(g)(6), F.S.
After a natural disaster, all levels of government are involved in repairing damage to vital
infrastructure such as roads, electricity, phone and broadband service, drinking water and sewage
treatment. In the rebuilding process, it is possible to rebuild in a more sustainable manner,
reducing future risk and enhancing quality of life by guiding smart development, protecting
natural resources, diversifying transportation options, and fostering economic growth.
Recommendation. Investment in rural infrastructure be prioritized to promote economic
development in these areas in furtherance of State and regional goals, including limiting public
expenditures that subsidize development in coastal high - hazard areas.
C. Federal and State Permitting
Issue. Local government representatives on the study committee were adamant in their opinion
that federal and state permits take substantially longer to obtain than any local development
permit; they made it clear that they did not believe that local regulations were acting as an
impediment to economic development in rural areas. There are jurisdictional overlap and
duplicative review issues for which there is no obvious cure; this is an issue that merits further
analysis and study.
Discussion. If the process for obtaining federal and state permits is taking an excessive amount
of time, this clearly acts as a disincentive to development in all areas of the State where
applicants need to obtain these federal and state permits, including RACECs. Some permitting
decisions involve multiple federal and state agencies; for instance, a wetlands permitting
decision can involve the U.S. Environmental Protection Agency (USEPA), U.S. Army Corps of
Engineers (the Corps), U.S. Department of Agriculture, and U.S. Fish and Wildlife (USF &W).
Section 404(q) of the Clean Water Act requires the Corps and EPA to develop an agreement
assuring that delays in the issuance of permits under Section 404 are minimized; the 1992
Section 404(q) Memorandum of Agreement, outlining the process and time frames for resolving
disputes, memorializes that agreement. However, even with the agreement in place, the process
can take many months; it can take longer than a year for a development project to get final
approval from the Corps. Part of the problem is that the Corps is not under strict time restrictions
for their reviews, and they usually wait to hear from other agencies before taking final agency
action (e.g., USEPA, USF &W.)
Further complicating matters, the State of Florida and the Corps define wetlands differently,
requiring each agency to have their own experts visit the site to make jurisdictional decisions.
The Corps has fewer people available to make these decisions, so their process usually takes
longer. The State could seek 404 assumption, i.e. a delegation of primacy by the Corps to
administer § 404 of the Clean Water Act, providing the State with permitting authority over
dredge -and -fill permits, including the delineation of wetland areas (USACE would retain
jurisdiction for all navigable waters in the State under Section 10 of the Rivers and Harbors Act.)
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However, this has raised other issues, including the merits of the methodologies used for
delineation. In addition, there are issues with 404 assumption. The program is difficult to
administer, and there would be significant costs associated with running the program.
Recommendation. It is beyond the scope of this report to make recommendations concerning
time -frames for federal agencies to review permit applications, or overlapping and duplicative
reviews by federal and state agencies. The study committee reached the conclusion that there are
larger issues affecting economic development in rural areas of the State than streamlining local
development regulations. The recommendation is that there be a concerted effort to build a
partnership between the local, state, and federal agencies involved in issuing approvals for
development projects, wherein all levels of government are committed to making cooperative,
timely decisions.
D. Legal Notice Publication Requirement
Issue. State laws currently require that legal notices be published in print newspapers; this
requirement applies to zoning and comprehensive plan land use changes for local governments in
Florida. Requiring public notice by publication adds time and expense to the development
process; given the funding issues facing local rural governments, some members of the study
committee believe that the costs may outweigh the benefits. A proposed alternative is to permit
local governments to provide notice solely by online publication.
Discussion. This is a national issue that is being debated in state legislatures across the country.
There are a number of public policy issues associated with the decision; see Appendix D, Trends
and Policy of Public Notice Publication Requirements.
Currently, there is a statutory mandate for local governments to publish notices of proposed
zoning and comprehensive plan land use changes in local newspapers of general circulation. In
rural areas of the state, there may only be one newspaper of general circulation, and it may only
be published on a weekly basis. In these rural areas, it takes several weeks to meet the statutory
legal notice publication requirements; this significantly impedes the ability of a local government
to expedite a project.
The primary argument in favor of allowing governmental entities to use electronic legal notices
in lieu of printing notices in newspapers is saving time and money. Advocates of electronic
notices also point out that with falling circulation, print newspapers no longer reach the majority
of the public, and that since online notices would eliminate the need to pay per word, online
notices could be more expansive and informative at no extra cost (showing, for instance, a map
of a proposed zoning change.)
The primary arguments against electronic notices are that they would limit access for persons
living in rural areas and low- income neighborhoods who do not have regular access to the
Internet or computers; that there is a potential for lack of accountability with electronic notices;
that people are more likely to read notices if they are reading a local newspaper rather than
having to search for an web page on the Internet to find legal notices; and that small newspapers
would lose needed revenue. Despite these concerns, there is growing pressure to shift public
notices online in order to cut costs, as state and local governments look for any opportunity to
save money.
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For county zoning changes, publication requirements for zoning and comprehensive plan land
use changes are at § 125.66(4)(b)(2), F.S.; for municipalities, the publication requirements are at
§ 166.041(3)(c)(2)(b), F.S. See Appendix E, Florida Laws Affecting Public Notice Publication
Requirements, for text of referenced laws.
Recommendation. Rural local governments should be authorized to use electronic legal notices,
and avoid the cost and delays associated with publishing legal notices in newspapers. Local
governments are already providing public notice of proposed actions to interested parties on their
websites as a courtesy and as good business practice, and all newspapers in the state already provide
free Internet access to legal notices at a central portal, www.floridapublicnotices.com, pursuant to
§ 50.0211, F.S.
E. Coordination and Standardization of Fire District Reviews
Issue. Plan reviews in some fire districts take longer than in others, this lack of consistency can
make it difficult to predict the amount of time it will take to obtain approval of development
plans. It was pointed out that this is not an issue at the present time in Glades and Hendry
Counties, which only have a few districts, and follow a different model than Collier County,
which contains many districts.
Discussion. This issue extends beyond fire district reviews. As a general principle, review of
development plans takes longer in areas where the local government does not have the resources
to hire a sufficient number of plan reviewers with the requisite expertise to quickly and
thoroughly review plans.
In the case of reviews of plans submitted for review by fire districts, this general principal holds
true. The problem of inconsistent standards was resolved by the adoption of the Florida Fire
Prevention Code, Chapter 69A -60, F.A.C. The adoption of the Florida Fire Prevention Code
( "Code "), however, did not provide funding for local fire districts throughout the state to hire and
train staff to review plans.
The districts are responsible for reviewing construction plans and documents to ensure that the
planned buildings will comply with the Code; the objective is to identify code violations during
the design phase, before the construction is started. This reduces construction time, inspection
time, and construction costs. For larger projects, the review might encompass a complete
evaluation of all life safety support systems, including fire rated assemblies, automatic sprinkler
systems, fire alarm systems, smoke detection and evacuation systems, and the adequacy of
means of egress as well fire department access, water supplies, and hazardous material use or
storage.
Another source of delay in the plan review process is the submission of design documents that do
not meet the requirements of the Code. It is not unusual for applicants to submit inadequate
design documents numerous times.
An initial proposal by the study committee was to have the State Fire Marshal address the issue
by requiring all local fire districts to use standardized review times and forms. The State Fire
Marshal is only responsible for reviewing plans for State buildings. Counsel for the State Fire
Marshall pointed out that Chapter 633, Florida Statutes, specifically grants authority to local
jurisdictions to enforce the Florida Fire Prevention Code (FFPC), thereby placing them in charge
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of enforcing the FFPC, not the State. Although all districts must follow the FFPC, they can
include additional requirements if they get approval from the State Fire Marshal.
Recommendation. If fire district reviews in rural counties are taking too long, the development
community should meet with the local government agencies to try to better understand their
processes and to explore streamlining possibilities.
Case study: Collier County. In 1997, all of the fire district reviews in the unincorporated parts of
Collier County were consolidated into a single office, regulated by the fire districts. In 2000,
development interests met with representatives of the fire districts to discuss an acceptable level of
service; in return for payment of additional fees, the plan review department agreed complete 95%
of first reviews within 10 days and 97% of re- reviews within 3 days. During FY 2011/2012, despite
budget cuts resulting in a current staff of four reviewers to conduct an average of 813 plan reviews
a month, the office completed 90.67% of its first reviews within 10 days of submission, with an
average turnaround of 5.79 days — usually a faster turnaround time than. county's building permit
department. Ed Riley, director of the office since 2000, credits their success with the development
of a well - trained, knowledgeable staff. All staff receives ongoing training in general building plan
review, and individual staff receives specialized training in the design requirements of various fire
detection and suppression technologies.
Telephone interview with Ed Riley, CEPS, Collier County Fire Code Official, 4/19/13.
F. Amending the Community Planning Act
Issue. The Community Planning Act (Chapter 163, F.S.) requires that comprehensive plans for
rural counties include the same plan elements as urban counties. The substantive requirements of
some mandatory plan elements are actually being addressed in a more comprehensive manner by
state permitting agencies: water management districts evaluate and issue permits for water
supply and stormwater drainage; metropolitan planning organizations and FDOT do
transportation planning; Florida Fish and Game reviews impacts of development on wildlife, the
Department of Environmental Protection does permitting for a variety of environmental issues.
This increases expenses to the already economically depressed rural areas of the region and
results in duplicative, multi - layered review.
Discussion. This concept is already recognized in principle in Chapter 163:
"When a federal, state, or regional agency has implemented a regulatory program, a
local government is not required to duplicate or exceed that regulatory program in its
local comprehensive plan." § 163.3177(1)(e), F.S.
The Community Planning Act has already eliminated the need for local governments to require
coneurrency for public facilities and services other than sanitary sewer, solid waste, drainage,
and potable water. § 163.3180(1), F.S. Perhaps the requirements for mandatory elements in local
comprehensive plans should also be evaluated.
The following elements are currently required: capital improvements; future land use;
transportation; general sanitary sewer, solid waste, drainage, potable water, and natural
groundwater aquifer recharge; conservation; recreation and open space; housing; coastal
management; and intergovernmental coordination. § 163.3177(3)(a) -(h), F.S.
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Rural local governments that do not have the resources to engage in complex modeling should
not be required to have a groundwater resource element; instead, these local governments should
have the option of relying on water management district water supply plans; in these cases, the
local government comprehensive plan would reference the applicable water management district
plan. This would be an option for local governments, and would only be effective after approval
of the local decision - making body. Large development projects would remain subject to review
by regional planning councils under § 380.06, F.S.
Recommendation. The State should reevaluate the Act to consider whether some of the
currently mandatory elements should be optional for local governments, especially in rural areas.
Section 163.3177 could be revised to allow local governments, at least in rural areas, to opt out
of the requirement to include all comprehensive plan elements. Specifically, local governments
should be able to determine whether they want to include certain elements in their
comprehensive plan, if another agency with greater subject matter expertise is already doing the
planning and permitting for that subject matter. Pursuant to this opt -out provision, rural local
governments would be permitted to defer to an evaluation and approval process already
exercised by another agency.
G. Central or One Stop Permitting
Issue. The volume and complexity of regulations affecting land development is overwhelming.
Although the intent is admirable, the execution is at times arduous. The process of obtaining the
required approvals from permitting agencies is unpredictable, confusing, costly, and time
consuming. It is often difficult to find the right person to talk to, and the process of contacting all
of the required parties, submitting complete applications in the correct format, and tracking the
applications to ensure that they do not get lost along the way is often delegated to a consultant,
which adds to the cost of the project.
Recommendation. One agency should be established that is in charge of all the related
permitting on any particular project. This agency would provide one place where an applicant
would submit their proposed project and pay their fees. An alternative solution is to create a
permitting concierge or ombudsman at the state or regional level with the power and authority to
facilitate timely review of all state, regional, and local agencies, and to require timely
communication between agencies.
See also: Regional Permitting Facilitator in Regional Opportunities Section
H. Permit Coordination and Standardization Between Agencies
Issue. The existing Federal, State and local permitting regulations should be more coordinated
and standardized, especially when similar issues are being addressed by different levels of
government.
Recommendation. Environmental resource permitting should be standardized throughout the
State. The permitting processes for agencies involved in environmental permitting should be
reviewed so that the impact of proposed development on a particular project could be evaluated
at the same time by all appropriate agencies. Agencies should explore the possibility of using one
master application form; parts of the form could be optional, depending upon the issues
associated with a particular development proposal.
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In some areas of the State, it might be possible to map out known resource systems that need to
be preserved to assure the economic health of the area. These systems could be coordinated with
other issues such as water management areas, wildlife preservation areas, recreational activities
needs, transportation facilities locations, and urban land uses. This information could be used to
assist an applicant in determining the agencies and issues that would be likely to be involved in
the permitting process for a particular location.
See also: Interactive GIS Mapping Website in Regional Opportunities Section
The State of Oregon has established a state -wide online system for building permitting services,
called "ePermitting." [ http: / /www.oreeon- epennitting.info/
L State Portals
Issue. There is clearly a trend towards utilization of online or "e- permitting." Many states,
including Florida, are adopting central web portals, centralized web sites where a person can
conduct various types of business in the state. (See Appendix H, States Utilizing One -stop
Portals.) Typically, this allows an applicant to obtain a business license by filling in one
application and paying one fee, rather than submitting multiple applications with several
agencies and paying multiple fees. There are other uses as well; the State of Oregon has
implemented a portal for submitting building permit applications.
Recommendation. The State should continue to move forward with efforts to develop the
central web portal, increasing its functionality and the number of agencies that are tied into the
system.
The State of Florida is committed to establishing a One -Stop Business Registration Portal that,
through an internet Website, will provide individuals and businesses with a single point of entry
for completing and submitting applications for various licenses, registrations, or permits that
must be issued by a state department or agency in order for the applicants to transact business
in the state. § 288.109, F.S.
T. Standardized Permit Applications
Issue. Application forms utilized by federal, state, and local government permitting agencies
require duplicative or unnecessary information, often by different departments in the same
agency. This causes frustration, and wastes time and money. The existing federal, state and local
permitting regulations should be more coordinated and standardized, especially when similar
issues are being addressed by different levels of government. Online permit applications hold the
potential to facilitate the process for both applicants and review agencies, especially if they are
set up to allow applicants to make one application and pay one fee, and get approvals from
multiple agencies at the same time.
Recommendation. A regional roundtable of the federal and state agencies involved in
development permitting processes should be convened, and common submittal requirements
should be identified so that applications can become more standardized. Agencies should also
explore the possibility of using one master application form; parts of the form could be optional,
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depending upon the issues associated with a particular development proposal. At the present
time, water management districts in Florida are working on streamlined permitting and
standardization of applications, including a common web portal where applicants can submit and
track permits; this type of regulatory streamlining should be considered by all permitting
agencies.
III. Regional Opportunities
There are many potential roles for a regional entity to promote economic development. There are
also limitations, since to some extent, local governments will always be competing at some level
to attract economic development that will benefit the community in the form of taxes, jobs, and
other amenities. In order to be a strong business partner for local governments and the private
sector, a regional entity must build coalitions, coordinate fundraising efforts, and assist with
research efforts that benefit everyone. a
Many of the barriers to economic development raised by the committee appointed to study this
topic involve a lack of coordination or communication between different levels of government
(there can also be issues with lack of coordination and communication at the local level, at times
within the same permitting agency; these are addressed in the local section, below.) The regional
planning council should play a proactive role in building a partnership between the local, state,
and federal agencies involved in reviewing and permitting projects, wherein all levels of
government are committed to making timely, innovative decisions.5
There are three potential regional roles outlined in this section of the report. The first two are
facilitation roles: the first role would provide facilitate services during the planning stages of a
project; the second role would facilitate the implementation of the project, assisting with getting
necessary permits and approvals. The third role involves providing a GIS mapping service that
could be utilized by public and private sector entities.
A. Regional Economic Development Facilitator
Issue. Proposals for economic development in rural areas of economic concern would benefit
from the attention of a regional economic development specialist, who could oversee and
facilitate economic development proposals in these areas. Rural local governments often lack the
resources to train and assign a staff person to work closely with someone considering locating a
new business in their jurisdiction, which could mean the difference between attracting a business
and losing it to another jurisdiction.
A regional economic development facilitator could assist rural local governments by filling this
role. Such a person could answer questions regarding the site selection criteria that attract a
business to an area: state and local tax schemes, transportation infrastructure, utility
infrastructure, land/building prices and supply, ease of permitting and regulatory procedures,
existing work force skills, local economic development strategies, legal climate, availability of
4 Interview with Shelley Lauten, triSect, LLC, former president of myregion.org.
5 Interview with James C. French, Director of Operations and Regulatory Management, Collier County Growth
Management Division, May 9, 2013.
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incentives, and state economic development strategies (the top ten criteria for selecting a site
identified by a survey of corporate real estate executives in 2012.6)
Upon a recommendation from a rural local government, a regional economic development
specialist would work with an interested party, coordinating with economic development
specialists at the local, regional, state, and federal levels who could quickly answer questions and
provide assurances of government incentives. This position would give special attention to
applicants that are providing economic development and jobs in rural areas of concern, as
required by existing state law and policy.
Discussion. The Southwest Florida Regional Planning Council recently adopted the 2012 -2017
Comprehensive Economic Development Strategy. This report contains a prioritized list of
economic development projects identified for the region; some of the region's Vital Projects (the
highest ranking) are in the region's rural areas of critical economic concern. See Appendix G,
Comprehensive Economic Development Strategy Vital Projects.
Recommendation. Regional economic development specialists should be available to assist
local governments in rural areas of critical economic concern. These specialists would assist
persons interested in locating new businesses in rural areas, working with local governments and
economic development offices to answer questions and coordinate with state and federal offices
to craft applications and expedite projects that would increase economic development in the rural
areas of the region. This personal service to potential business interests would provide incentives
for investors and provide assurances that reasonable development requests would receive
increased attention and personal service from government permitting entities. In addition, this
effort would assist limited local government staff in reviews and approvals of developments with
significant economic benefits, and provide decision- makers with increased confidence in
development proposals in their local jurisdictions. This position could be funded by the state, or
by a combination of local, state, and private funding sources.
B. Regional Permitting Facilitator
Issue. Development proposals that involve reviews by federal, state, and local agencies often
involve significant time delays that are frustrating and expensive. Some of these delays are
attributable to a lack of coordination and cooperation in the review of the project. If a
knowledgeable person was available to usher applicants through the review and approval
processes of the applicable local, state, and federal government permitting agencies, it could
greatly facilitate the process for the applicant.
Discussion. A regional permitting facilitator would coordinate development applications
involving local, state, and federal permitting agencies. The need for an advocate to guide an
applicant through the permitting process is debatable. As a member of the study committee
referenced in a presentation, if you need to have a person guide you through the process, you
6 Site Selector magazine, pg. 86, November 2012.
7 See Appendix C, Economic Development Programs Targeting Rural Agricultural Lands in Florida, especially the
Rural Economic Development Initiative (§ 288.0656, F.S.) and Florida Enterprise Zone Program (Chapter 290, F.S.)
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should probably evaluate the process.8 However, given the complexities of our current
permitting systems, the need for an advocate is not likely to disappear in the near future.
Most development entities employ consultants to guide their projects through the process; these
experts know the people and processes unique to each local government. Some local
governments provide streamlined processes and services intended to attract business interests to
their jurisdiction; for instance, the City of Naples planning department assigns a planner to each
development project, who tracks the application from cradle to grave, and provides a single point
of contact that an applicant can contact with any questions regarding an application from the
time it is submitted until the permit is issued or denied.9
Although local governments in rural areas of critical economic concern have streamlined
development processes, they do not have adequate resources to fund a facilitator position to
assist applicants with obtaining state and federal permits.
Recommendation. Potential development projects in rural areas of critical economic concern
should receive every opportunity to succeed that local, regional and state governments can
provide. For projects that hold the potential to be of regional significance, a regional permitting
facilitator should be available to assist applicants through the permitting process. For example, to
initiate the process, the regional permitting facilitator could coordinate a meeting between the
applicant and all involved permitting agencies, much in the same manner as the current process
for preapplication conferences for Developments of Regional Impact described at § 380.06(7),
F.S. The coordinated project review would identify important issues up front in the permitting
process, and information requests could be identified at one time and place, so that the applicant
could address these issues prior to submission for project approval. This position could be
funded by the state, or by a combination of local, state, and private funding sources.
C. Regional Interactive GIS Mapping Website
Issue. Maps are an essential part of the land development process, and they can be used for many
other potential uses as well. A regional web -based GIS map could be used by applicants,
permitting agencies, and members of the public. A common base map, developed and maintained
at a common location, with layers of additional data, would allow everyone to work from the
same set of maps.
Most businesses that are seeking to relocate spend a considerable amount of time on due
diligence; it is more cost - effective for them to conduct their due diligence if the information is
available in electronic form, accessible by internet. Some rural counties lack the resources to
maintain and update current property and regulatory information online.
These maps could be used by applicants in order to assist them in understanding what systems
are important in their project designs, and help shape their development requests. The maps
would reduce costs and time for both the review agencies and applicants.
8 Permitting Techniques "When Your City is Hungry for Economic Development: Setting the Table ", Robert D.
Pritt, Naples City Attorney and CRA Attorney, the Cape Coral CRA Attorney; presented at the Florida League of
Cities 2012 Annual Conference, August 24, 2012.
9 Interview with Robin Singer, Director, City of Naples Planning Department, May 6, 2013.
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The interactive component of the mapping concept would allow the user to create their own map,
including the layers of data they want to see displayed on the map, e.g.: aerial map, hurricane
storm surge map, FEMA flood plain map, census data, roads, points of interest, topographical
information, etc. Users could locate specific property on the map by entering a physical address,
GPS coordinates, section - township -range, geocode, or basic point -and- click.
There are many possible options for data linked to an interactive mapping website. For example,
once a parcel was identified on the map, the user could call out information coded to that site,
such as the jurisdictional offices of pertinent permitting agencies, with contact information for
the local office.
Recommendation. A data base should be coordinated at the regional level that contains data
from all parts of the region, including local governments in rural areas. Ideally, this would be
compatible with the same GIS mapping system used by county property appraisers, coordinated
through the Florida Department of Revenue. (See http: / /dor.myflorida.com/dor /property /gis /.)
This common data base would then be used by people from public, private, and nonprofit sectors
interested in proposing some form of economic development in the area.
IV. Local Government Opportunities: Hendry County, Glades County, and
the Unincorporated Community of Immokalee in Collier County
The Rural Areas of Critical Economic Concern in the Southwest Florida Regional Planning
Council are governed by the local land development regulations of Hendry County, Glades
County, and Collier County. This report contains recommendations for promoting economic
development in all of these areas, and some recommendations that are specific to the individual
counties.
A. Streamlined and One Stop Permitting
Issue. The traditional local land development review and approval process is not usually
administered in a predictable, consistent manner, at least from the perspective of the persons
seeking approvals from review agencies. There can be a myriad of approvals required, some of
which are dependent upon gaining prior approval of another department or agency; jurisdictional
ambiguity crops up at times, and people are sent back and forth from one place to another
without getting clear guidance as to who is responsible for what.
Due to the complexity of the planning and development approval process, the delays associated
with the process are often caused by related technical departments rather than the planning
department. These technical departments have their own unique rules and powers, and the
approval of the planning department is often conditional upon gaining approval of the technical
departments. Delays seem to be inherent to the system, resulting in both frustration and increased
development costs.
Although each agency believes that it has an efficient, logical, and predictable process, the
individuals who apply for approvals from the agencies usually have a different perspective. As
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one consultant familiar with the permitting process in the region stated, "you only know that
you're done when you're done." 10
The delays associated with decentralized development approvals has lead many local
governments to streamline their development process, and possibly adopt "one stop" permitting
offices. The basic concept behind one stop permitting is to facilitate development approvals by
bringing together development - related approvals in one location, eliminating the cost,
inconvenience, and delays inherent in the traditional system, where the applicant files
applications and pay fees in numerous locations. One stop or streamlined permitting facilitates
and expedites the planning and development process, creating a more efficient and effective
process, reducing claims of administrative and bureaucratic delays and rigidity, jurisdictional
uncertainties, and other potential causes of frustration and delay.
Recommendations.
• Establish a development review advisory committee to review the development review
process, and make recommendations to improve customer service for applicants.
• Local governments in rural areas should consider setting up one stop business centers as part
of their economic development office. These centers could act as economic development
tools, especially if they coordinate and consolidate development approval information in one
location along with other information of interest to new or expanding businesses, such as
workforce and other demographic data, eligibility guidelines for government incentives and
assistance programs, available land and office space, and possibly providing assistance to
guide applicants through the permitting process. Such centers can encourage the location of
new businesses in the area and facilitate expansion of existing businesses by creating an
atmosphere that is attractive to development interests.
Collier County created the Development Services Advisory Committee in 1993; this 15-
member committee, representing various aspects of the development industry, provides reports
and recommendations to the BCC to assist in the enhancement of operational efficiency and
budgetary accountability within the Community Development Services Division, and to serve
as a primary communication link between the Community Development Services Division, the
development industry, and the citizens of Collier County.
B. Online and Electronic Permitting
Issue. This issue is reflective of the economic need underlying the rationale for this report.
Electronic permitting is a general term that encompasses many things; at the present time, some
options are too expensive for most local governments. Some local governments in rural areas of
economic concern accept electronic site planning documents; most do not accept electronic
building plans (there are issues with standardization of formats and with electronic seals and
signatures for the engineers and architects creating and reviewing the plans.) As technology
advances and money to adopt the technology becomes available, local governments will be able
to accept electronic applications, online submission and review of plans, online payment of fees,
10 Name withheld by request of consultant.
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and other online options. The more sophisticated options are currently beyond the needs and
reach of local governments in areas of economic concern.
If a local government decides to pursue electronic permitting, the first step it should take is to
conduct a thorough review of the existing permitting process, which might involve:
• identifying and working with key stakeholders to conduct the evaluation of the current
process and regulations;
• making changes to the existing review process, and accompanying regulations;
• determining which information technologies would allow the local government to better
manage work flows and reduce barriers to effective and efficient code administration and
enforcement;
• identifying funding sources to acquire the appropriate information technology to improve
the effectiveness and efficiency of the regulatory process.
These preliminary steps are important, as the following quote explains:
"First, however, it is best to make certain that your processes are as efficient as they
can be. As observed by then - president of the National Association of State
Information Resource Executives...: `If all you do is put IT on a bad regulatory
system, all you will do is spend a lot of money on making a bad system worse."'
(Building Safety Journal, December 2008, pg. 16)
Recommendation. Local governments should continue to expand their utilization of electronic
plan review and permitting. Utilization of this technology has the potential to reduce costs for
both government and private sectors, and reduce the time required for the land development
review and approval process.
The City of Chesapeake, Virginia has a "One -Stop- Shop" for getting building pen-nits, as well as
related utility permits, from one location. The applicant completes an application and pays a fee
at the Department of Development & Permits; applicants do not need to visit the Department of
Public Utilities or Public Works for approval in most cases. The building permit and all other
related approvals are approved at the same time.
C. Increased Scope of Administrative Review by Staff
Issue. The time required for elected officials to meet and make decisions dealing with minor
development approvals can be significant and can add unnecessary expense to the development
review process.
Discussion. Currently, many local governments still utilize a traditional two -step approval
process for development projects, where a project is first reviewed and approved by the planning
staff, then submitted for approval by the governing body of the local government.
In some jurisdictions, governing bodies have adopted a one -step process for some types of
development reviews, e.g. small scale changes, exceptions, or variances where the planning staff
has the expertise to make final approvals. Empowering staff of local planning departments to
provide approvals eliminates the need for the governing body to spend its time on simple
administrative approvals that the staff has the expertise to determine, resulting in expedited
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review and lower costs for both the applicant and the local government. The rural areas may
want to review exactly what the staff can be empowered to approve in order to limit the number
of hearings that are required by the counties.
Example:
• Sec. 10 -104 of the Lee County Code authorizes the development services director to grant
deviations from specified technical standards. Appeals from such decisions, and other types
of variances, are decided pursuant to the code's variances process in Chapter 34 of the code.
Recommendation. Revise local land development codes to implement an administrative
approval process for specific forms of land use applications; this would replace the current
process, which requires a public hearing.
D. Expedited Reviews via Overlays for Economic Generators
Issue. Identifying future economic generators like the Americas Gateway Logistics Center,
Airglades Airport, Immokalee Airport, or other specific economic activity centers in the rural
areas of the region could provide significant enhancements to business interests in areas that are
ready for economic development.
Recommendation. Create floating economic overlay areas in rural areas, and conceptual site
plans that would assure that proposed development projects in overlay areas are reviewed in an
expedited manner. Review staff should be empowered to provide preliminary approvals if
requests are consistent with conceptual plans; the expedited review process could include
shortened review time frames and special board meetings when warranted. The expedited
process would allow approvals, platting, and construction permits to be reviewed in an expedited
manner, which would enhance rural local governments' ability to lure business interests to these
areas.
E. Relaxation of Land Development Code for Inland Areas of Collier County
Issue. In 1959, Collier County adopted separate codes for inland and coastal areas; subsequently,
the county adopted a unified code. It has become apparent that code requirements that are
appropriate for coastal areas are not appropriate for all inland areas, including the unincorporated
community of Immokalee, one of the rural areas of economic concern being evaluated in this
report. An example is the landscaping requirements of the county land development code, which
can be cost - prohibitive for small businesses in the Immokalee area to adhere to, thereby
diminishing opportunities for economic development in the area.
A recent attempt to resolve this issue failed, when the Board of County Commissioners denied
proposed LDC amendments to the Immokalee Urban Overlay District recommended in the
update to the Immokalee Area Master Plan (IAMP) and the LAMP Future Land Use Map.
Recommendation. Revisit the issue of amending the Immokalee Area Master Plan and IAMP
Future Land Use Map, with special attention to the Landscaping, Buffering and Open Space
component of the Design Standards for the Immokalee Urban Overlay District.
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V. Conclusions
The following specific actions are recommended for immediate action from the Boards of
County Commissioners to facilitate the review and approval of economic development projects
in the rural areas of the region:
A. Hendry County
• Administrative approvals. The process for approving farmworker housing located in the
General Agriculture zoning district should be streamlined to an administrative review and
approval, rather than the traditional Special Exception with public hearings.
• Expedited reviews. For areas identified as economic generators, an expedited review
process should be developed and implemented for economic development projects.
B. Glades County
• Pre - approve and permit the America Gateway Logistics Center (note: zoning changes
already done)
• Empower staff to approve land use changes that meet specific criteria via an
administrative review process.
C. Town of Immokalee (Collier County)
• Approve changes to the Collier County LDC in rural parts of the county, adopting
standards that are consistent with the values and economic climate of the individual
communities. At a minimum, these changes should relax the landscaping buffering and
open space requirements in the Immokalee area.
• Consider expanding the current ability of review staff to approve land use changes in
rural areas via an administrative process.
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VI. APPENDICES
A. Interviews with Local Government and Private Sector Persons
Name & Affiliation
Primary Discussion Topic
Date
Legal and policy perspective on
Katherine English, J.D.
barriers to economic development
4/23/13
Pavese Law Firm
in rural agricultural areas of the
region
Ellen Lindblad, Director & Josh Philpott,
Manger, Planning & Environmental
Streamlining regulatory process
4/29/13
Compliance, Lee County Port Authority
Shelley Lauten, Partner, triSect LLC, former
Regional role in eliminating
regulatory barriers to economic
4/29/13
president, myregion.org
development
Tony Palermo, Senior Planner,
Zoning Division, Lee County Department of
Streamlining regulatory process
4/29/13
Community Development
TJ Canamela, Owner /Manager,
Permitting issues associated with
permitting a new small farming
4/30/13
Buckingham Farms
operation in Lee County
Don Paight, Executive Director,
Lessons learned from process of
revising plan for downtown Fort
5/1/13
Fort Myers Redevelopment Agency
Myers
Tim Keene, P.E., Owner /Manager, Keene
Regulatory and process barriers in
local and state government
5/2/13
Development, LLC
permitting process
Robin Singer, Director,
Streamlining regulatory process and
City of Naples Planning Department
regulatory barriers to economic
5/2/13
development
Larry Hilton, Community Development
Streamlining regulatory process and
Director and Acting County Manager,
regulatory barriers to economic
5/7/13
Glades County
development
Michael Boyle, Superintendent of Public
Streamlining regulatory process and
Works, and Ron Zimmerly, Finance Director,
regulatory barriers to economic
5/7/13
City of LaBelle
development
Jamie French, Director of Operations and
Regulatory Management, Collier County
Streamlining regulatory process and
Growth Management Division &
regulatory barriers to economic
5/7/13
Bruce Register, Director, Office of Business
development
and Economic Development, Collier County
Joan LeBeau, Chief Planner, and staff
Streamlining regulatory process and
City of Punta Gorda
regulatory barriers to economic
5/13/13
development
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B. Florida Laws Protecting Agricultural Lands
The Agricultural Lands and Practices Act (§ 163.3162, F. S.) prohibits counties from adopting or
enforcing any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise
limit an activity of a bona fide farm operation on land classified as agricultural land if such activity is
regulated through implemented best management practices (BMPs), interim measures, or regulations
adopted by the Department of Environmental Protection, Department of Agriculture and Consumer
Services, water management districts, U.S. Department of Agriculture, U.S. Army Corps of Engineers, or
the U.S. Environmental Protection Agency. In addition, the counties are prohibited from charging an
assessment or fee for stormwater management on a farm that possesses a National Pollutant Discharge
Elimination Permit, Environmental Resource Permit or implements BMPs adopted as rules by the
Department of Environmental Protection, Department of Agriculture and Consumer Services or a water
management district.
The Agricultural Land Acknowledgement Act (§ 163.3163, F. S.) ensures that generally accepted
agricultural practices will not be subject to interference by residential use of land contiguous to
sustainable agricultural land. The Act requires that before a local land use permit, building permit or
certificate of occupancy for nonagricultural land contiguous to sustainable agricultural land is issued, the
applicant for the permit or certificate must sign a written acknowledgement recognizing their agricultural
neighbors.
Farmers may also dispose of, by open burning, certain materials used in agricultural operations, such as
polyethylene agricultural plastic; damaged, non - salvageable, untreated wood pallets; and packing material
that cannot be feasibly recycled, which are used in connection with agricultural operations related to the
growing, harvesting or maintenance of crops. Burning can be conducted provided that no public nuisance
or any condition adversely affecting the environment or the public health is created thereby and that state
or federal national ambient air quality standards are not violated (§ 823.145, F. S.)
Florida agriculturists are exempt from provisions of Chapter 373 F. S., Water Resources, Part IV
Management and Storage of Surface Waters, if normal and customary agricultural practices or activities
are not for the sole or predominant purpose of impeding or diverting the flow of surface waters or
adversely impacting wetlands. In the event of a dispute as to the applicability of this exemption, a water
management district or landowner may request that the Department of Agriculture and Consumer
Services make a binding exemption determination. The Department and each water management district
are to enter into a memorandum of agreement (MOA), or amend an existing MOA, to describe processes
and procedures to undertake a review and make a determination; however, the Department has exclusive
authority to make the determination (§ 373.407 F. S.).
Provisions in Florida Statutes regarding use of water in farming and forestry was amended to recognize
that the water management system located on agricultural lands in use for four of the last seven years
prior to conversion to a non - agricultural use will not have to be mitigated as provided in Chapters 373 or
403, F. S.
2011 Legislative Changes_ for Florida Agriculture, Florida Aquaculture, Issue no. 78, June 2011.
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C. Economic Development Programs Targeting Rural Agricultural Lands in Florida
Definition of Rural
§ 288.0656(7), F.S. (see below), authorizes the designation of up to three rural areas of critical
economic concern within the State of Florida.
The key economic indicators or factors used in determining the designation include per capita
income, average annual wages, percentage of people in poverty, and average annual
unemployment rate.
There are three primary reasons why counties want to be in a rural area of critical economic
concern:
• The rural area of critical economic concern designation provides communities with
support for economic development efforts and authorization for waivers of criteria,
requirements, or similar provisions of any economic development initiatives authorized
in statutes.
• Legislation passed during the past two legislative sessions provides counties located in
rural areas of critical economic concern with special consideration when dealing with
state agencies or qualifying for certain programs.
• State agencies designing programs are including the rural area of critical area concern
designation as a factor in future program decisions. For example, the Florida Department
of Transportation is utilizing the rural area of critical economic concern designation as a
consideration in the development of the "Strategic Inter -modal System" for connecting
key roads, railways, seaports and airports.
Per § 288.0656 a rural county is defined as:
• A county with a population of 75,000 or less
• A county with a population of 125,000 or less which is contiguous to a county with a
population of 75,000 or less
• Any municipality within a county as described above
The Rural Economic Development Initiative (REDI) was established to better serve Florida's
economically distressed rural communities. An "economically distressed" county /community is
eligible to request a "Waiver or Reduction of Match" of jobs or wage requirements, eligible
company criterion, inducement requirement and grants. Each state agency determines which
grant programs will allow for a waiver of match based on their annual budget and federal and
state guidelines.
Communities
An unincorporated federal enterprise community or an incorporated rural city with a population
of 25,000 or less and an employment base focused on traditional agricultural or resource -based
industries, located in a county not defined as rural, which has multiple economic distress factors
may qualify for a reduction or waiver of match and technical assistance from REDI.
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Rural Areas of Critical Economic Concern
Rural Areas of Critical Economic Concern ( RACEC) are defined as rural communities, or a
region composed of rural communities, that have been adversely affected by extraordinary
economic events or natural disasters. The Governor by executive order may designate up to
three RACECs, which establishes each region as a priority assignment for REDI agencies and
allows the Governor to waive criteria of any economic development incentive including, but not
limited to: the Qualified Target Industry Tax Refund Program under section 288.106 F.S., the
Quick Response Training Program and the Quick Response Training Program for participants in
the welfare transition program under section 288.047 F.S., transportation projects under section
288.063 F.S., the brownfield redevelopment bonus refund under section 288.107 F.S., and the
rural job tax credit program under section 212.098 F.S. and section 220.1895 F.S.
South Central RACEC
Desoto, Glades, Hardee, Hendry, Highlands, and Okeechobee Counties; the area within the city
limits of Pahokee, Belle Glade and South Bay; and the Immokalee area.
Year Designation Executive Order Signed Expiration Additions
2001 Original 01-26 1/26/01 1/26/06
2006 Re- designated 06 -34 2/16/06 2/16/11
2011 Re- designated 11-81 4/22/114/22/16
288.0656 Rural Economic Development Initiative.
(1)(a) Recognizing that rural communities and regions continue to face extraordinary
challenges in their efforts to significantly improve their economies, specifically in terms of
personal income, job creation, average wages, and strong tax bases, it is the intent of the
Legislature to encourage and facilitate the location and expansion of major economic
development projects of significant scale in such rural communities.
(b) The Rural Economic Development Initiative, known as "REDI," is created within the
department, and the participation of state and regional agencies in this initiative is authorized.
(3) REDI shall be responsible for coordinating and focusing the efforts and resources of state
and regional agencies on the problems which affect the fiscal, economic, and community
viability of Florida's economically distressed rural communities, working with local
governments, community -based organizations, and private organizations that have an interest in
the growth and development of these communities to find ways to balance environmental and
growth management issues with local needs.
(4) REDI shall review and evaluate the impact of statutes and rules on rural communities and
shall work to minimize any adverse impact and undertake outreach and capacity- building efforts.
(5) REDI shall facilitate better access to state resources by promoting direct access and
referrals to appropriate state and regional agencies and statewide organizations. REDI may
undertake outreach, capacity - building, and other advocacy efforts to improve conditions in rural
communities. These activities may include sponsorship of conferences and achievement awards.
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(6)(a) By August 1 of each year, the head of each of the following agencies and organizations
shall designate a deputy secretary or higher -level staff person from within the agency or
organization to serve as the REDI representative for the agency or organization:
1. The Department of Transportation.
2. The Department of Environmental Protection.
3. The Department of Agriculture and Consumer Services.
4. The Department of State.
5. The Department of Health.
6. The Department of Children and Family Services.
7. The Department of Corrections.
8. The Department of Education.
9. The Department of Juvenile Justice.
10. The Fish and Wildlife Conservation Commission.
11. Each water management district.
12. Enterprise Florida, Inc.
13. Workforce Florida, Inc.
14. VISIT Florida.
15. The Florida Regional Planning Council Association.
16. The Agency for Health Care Administration.
17. The Institute of Food and Agricultural Sciences (IFAS).
An alternate for each designee shall also be chosen, and the names of the designees and
alternates shall be sent to the executive director of the department.
(b) Each REDI representative must have comprehensive knowledge of his or her agency's
functions, both regulatory and service in nature, and of the state's economic goals, policies, and
programs. This person shall be the primary point of contact for his or her agency with REDI on
issues and projects relating to economically distressed rural communities and with regard to
expediting project review, shall ensure a prompt effective response to problems arising with
regard to rural issues, and shall work closely with the other REDI representatives in the
identification of opportunities for preferential awards of program funds and allowances and
waiver of program requirements when necessary to encourage and facilitate long -term private
capital investment and job creation.
(c) The REDI representatives shall work with REDI in the review and evaluation of statutes
and rules for adverse impact on rural communities and the development of alternative proposals
to mitigate that impact.
(d) Each REDI representative shall be responsible for ensuring that each district office or
facility of his or her agency is informed about the Rural Economic Development Initiative and
for providing assistance throughout the agency in the implementation of REDI activities.
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(7)(a) REDI may recommend to the Governor up to three rural areas of critical economic
concern. The Governor may by executive order designate up to three rural areas of critical
economic concern which will establish these areas as priority assignments for REDI as well as to
allow the Governor, acting through REDI, to waive criteria, requirements, or similar provisions
of any economic development incentive. Such incentives shall include, but not be limited to: the
Qualified Target Industry Tax Refund Program under s. 288.106, the Quick Response Training
Program under s. 288.047, the Quick Response Training Program for participants in the welfare
transition program under s. 288.047(8), transportation projects under s. 339.2821, the brownfield
redevelopment bonus refund under s. 288.107, and the rural job tax credit program under ss.
212.098 and 220.1895.
(b) Designation as a rural area of critical economic concern under this subsection shall be
contingent upon the execution of a memorandum of agreement among the department; the
governing body of the county; and the governing bodies of any municipalities to be included
within a rural area of critical economic concern. Such agreement shall specify the terms and
conditions of the designation, including, but not limited to, the duties and responsibilities of the
county and any participating municipalities to take actions designed to facilitate the retention and
expansion of existing businesses in the area, as well as the recruitment of new businesses to the
area.
(c) Each rural area of critical economic concern may designate catalyst projects, provided that
each catalyst project is specifically recommended by REDI, identified as a catalyst project by
Enterprise Florida, Inc., and confirmed as a catalyst project by the department. All state agencies
and departments shall use all available tools and resources to the extent permissible by law to
promote the creation and development of each catalyst project and the development of catalyst
sites.
(8) REDI shall submit a report to the Governor, the President of the Senate, and the Speaker of
the House of Representatives each year on or before September 1 on all REDI activities for the
prior fiscal year. This report shall include a status report on all projects currently being
coordinated through REDI, the number of preferential awards and allowances made pursuant to
this section, the dollar amount of such awards, and the names of the recipients. The report shall
also include a description of all waivers of program requirements granted. The report shall also
include information as to the economic impact of the projects coordinated by REDI, and
recommendations based on the review and evaluation of statutes and rules having an adverse
impact on rural communities, and proposals to mitigate such adverse impacts.
Rural Agricultural Industrial Centers
163.3177 Required and optional elements of comprehensive plan; studies and surveys
(1) The comprehensive plan shall provide the principles, guidelines, standards, and strategies for the
orderly and balanced future economic, social, physical, environmental, and fiscal development of the area
that reflects community commitments to implement the plan and its elements.
(a) The comprehensive plan shall consist of elements as described in this section, and may include
optional elements.
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(e) When a federal, state, or regional agency has implemented a regulatory program, a local government
is not required to duplicate or exceed that regulatory program in its local comprehensive plan.
(7)(a) The Legislature finds that:
1. There are a number of rural agricultural industrial centers in the state that process, produce, or aid in
the production or distribution of a variety of agriculturally based products, including, but not limited to,
fruits, vegetables, timber, and other crops, and juices, paper, and building materials. Rural agricultural
industrial centers have a significant amount of existing associated infrastructure that is used for
processing, producing, or distributing agricultural products.
2. Such rural agricultural industrial centers are often located within or near communities in which the
economy is largely dependent upon agriculture and agriculturally based products. The centers
significantly enhance the economy of such communities. However, these agriculturally based
communities are often socioeconomically challenged and designated as rural areas of critical economic
concern. If such rural agricultural industrial centers are lost and not replaced with other job- creating
enterprises, the agriculturally based communities will lose a substantial amount of their economies.
3. The state has a compelling interest in preserving the viability of agriculture and protecting rural
agricultural communities and the state from the economic upheaval that would result from short-term or
long -term adverse changes in the agricultural economy. To protect these communities and promote viable
agriculture for the long term, it is essential to encourage and permit diversification of existing rural
agricultural industrial centers by providing for jobs that are not solely dependent upon, but are compatible
with and complement, existing agricultural industrial operations and to encourage the creation and
expansion of industries that use agricultural products in innovative ways. However, the expansion and
diversification of these existing centers must be accomplished in a manner that does not promote urban
sprawl into surrounding agricultural and rural areas.
(b) As used in this subsection, the term "rural agricultural industrial center" means a developed parcel of
land in an unincorporated area on which there exists an operating agricultural industrial facility or
facilities that employ at least 200 full -time employees in the aggregate and process and prepare for
transport a farm product, as defined in s. 163.3162, or any biomass material that could be used, directly or
indirectly, for the production of fuel, renewable energy, bioenergy, or alternative fuel as defined by law.
The center may also include land contiguous to the facility site which is not used for the cultivation of
crops, but on which other existing activities essential to the operation of such facility or facilities are
located or conducted. The parcel of land must be located within, or within 10 miles of, a rural area of
critical economic concern.
Rural land stewardship areas
163.3248 Rural land stewardship areas
(1) Rural land stewardship areas are designed to establish a long -term incentive -based strategy to balance
and guide the allocation of land so as to accommodate future land uses in a manner that protects the
natural environment, stimulate economic growth and diversification, and encourage the retention of land
for agriculture and other traditional rural land uses.
(2) Upon written request by one or more landowners of the subject lands to designate lands as a rural land
stewardship area, or pursuant to a private- sector - initiated comprehensive plan amendment filed by, or
with the consent of the owners of the subject lands, local governments may adopt a future land use
overlay to designate all or portions of lands classified in the future land use element as predominantly
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agricultural, rural, open, open - rural, or a substantively equivalent land use, as a rural land stewardship
area within which planning and economic incentives are applied to encourage the implementation of
innovative and flexible planning and development strategies and creative land use planning techniques to
support a diverse economic and employment base. The future land use overlay may not require a
demonstration of need based on population projections or any other factors.
(3) Rural land stewardship areas may be used to further the following broad principles of rural
sustainability: restoration and maintenance of the economic value of rural land; control of urban sprawl;
identification and protection of ecosystems, habitats, and natural resources; promotion and diversification
of economic activity and employment opportunities within the rural areas; maintenance of the viability of
the state's agricultural economy; and protection of private property rights in rural areas of the state. Rural
land stewardship areas may be multicounty in order to encourage coordinated regional stewardship
planning.
(4) A local government or one or more property owners may request assistance and participation in the
development of a plan for the rural land stewardship area from the state land planning agency, the
Department of Agriculture and Consumer Services, the Fish and Wildlife Conservation Commission, the
Department of Environmental Protection, the appropriate water management district, the Department of
Transportation, the regional planning council, private land owners, and stakeholders.
(5) A rural land stewardship area shall be not less than 10,000 acres, shall be located outside of
municipalities and established urban service areas, and shall be designated by plan amendment by each
local government with jurisdiction over the rural land stewardship area. The plan amendment or
amendments designating a rural land stewardship area are subject to review pursuant to s. 163.3184 and
shall provide for the following:
(a) Criteria for the designation of receiving areas which shall, at a minimum, provide for the following:
adequacy of suitable land to accommodate development so as to avoid conflict with significant
environmentally sensitive areas, resources, and habitats; compatibility between and transition from higher
density uses to lower intensity rural uses; and the establishment of receiving area service boundaries that
provide for a transition from receiving areas and other land uses within the rural land stewardship area
through limitations on the extension of services.
(b) Innovative planning and development strategies to be applied within rural land stewardship areas
pursuant to this section.
(c) A process for the implementation of innovative planning and development strategies within the rural
land stewardship area, including those described in this subsection, which provide for a functional mix of
land uses through the adoption by the local government of zoning and land development regulations
applicable to the rural land stewardship area.
(d) A mix of densities and intensities that would not be characterized as urban sprawl through the use of
innovative strategies and creative land use techniques.
(6) A receiving area may be designated only pursuant to procedures established in the local government's
land development regulations. If receiving area designation requires the approval of the board of county
commissioners, such approval shall be by resolution with a simple majority vote. Before the
commencement of development within a stewardship receiving area, a listed species survey must be
performed for the area proposed for development. If listed species occur on the receiving area
development site, the applicant must coordinate with each appropriate local, state, or federal agency to
determine if adequate provisions have been made to protect those species in accordance with applicable
regulations. In determining the adequacy of provisions for the protection of listed species and their
habitats, the rural land stewardship area shall be considered as a whole, and the potential impacts and
protective measures taken within areas to be developed as receiving areas shall be considered in
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conjunction with and compensated by lands set aside and protective measures taken within the designated
sending areas.
(7) Upon the adoption of a plan amendment creating a rural land stewardship area, the local government
shall, by ordinance, establish a rural land stewardship overlay zoning district, which shall provide the
methodology for the creation, conveyance, and use of transferable rural land use credits, hereinafter
referred to as stewardship credits, the assignment and application of which do not constitute a right to
develop land or increase the density of land, except as provided by this section. The total amount of
stewardship credits within the rural land stewardship area must enable the realization of the long -term
vision and goals for the rural land stewardship area, which may take into consideration the anticipated
effect of the proposed receiving areas. The estimated amount of receiving area shall be projected based on
available data, and the development potential represented by the stewardship credits created within the
rural land stewardship area must correlate to that amount.
Enterprise Zones
The Florida Enterprise Zone Program (Chapter 290, F.S.) encourages revitalization of specific
geographic areas by by offering tax advantages and incentives to businesses locating and hiring
residents within the zone boundaries. Tax advantages and incentives include:
Corporate income tax credits for businesses that construct or expand a facility within an
Enterprise Zone.
• Sales tax refunds for business equipment or building materials purchases used within an
Enterprise Zone.
Enterprise zones are governed at the local level by an Enterprise Zone Development Agency
which oversees the implementation of the strategic plan and makes important decisions
concerning their zone. A local enterprise zone coordinator is appointed to maintain the day -to-
day operation of the zone, verify zone addresses, answer questions and distribute materials to
businesses, the Department of Economic Opportunity, and the local government.
Jobs Tax Credit on Sales Tax
This incentive is designed to encourage businesses to hire local residents. It allows a business
located within an Enterprise Zone to take a sales and use tax credit for 20 or 30 percent of wages
paid to new employees who reside within an enterprise zone. To be eligible, a business must
create at least one new job for every job application filed. The Sales Tax Credit cannot be used in
conjunction with the Corporate Tax Jobs Credit.
Jobs Tax Credit Corporate Income Tax
This incentive is also designed to encourage businesses to hire local residents It allows a
business located within an Enterprise Zone to take a corporate income tax credit for 15 or 20
percent of wages paid to new employees who reside within an enterprise zone. The Corporate
Tax Credit cannot be used in conjunction with the Sales Tax Credit. A business should evaluate
which job tax credit offers the most benefit.
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Business Equipment Sales Tax Refund
A refund is available for sales taxes paid on the purchase of certain business property, which is
used exclusively in an Enterprise Zone for at least three years.
Building_ Materials Sales Tax Refund
A business located in the Enterprise Zone can apply for a refund of the sales taxes paid on the
purchase of building materials used to rehabilitate real property.
Property Tax Credit for Corporate Income Tax
New or expanded businesses located within an enterprise zone are allowed a credit
against Florida corporate income tax equal to 96% of ad valorem taxes paid on the new or
improved property.
U.S. Department of Energy (DOE) Programs
The Department of Energy offers a growing number of resources and incentives for the
construction industry to support the net -zero energy building philosophy and encourage green
energy upgrades for existing buildings. It also provides useful resources for other energy
consumers -- homeowners, renters, and businesses.
Community Contribution Tax Credit Program
Any business, regardless of location, can qualify for the Community Contribution Tax Credit
Program. This incentive is designed to encourage donations to qualified local community
development projects. The program allows businesses to take a 50% credit on Florida corporate
income tax or insurance premium tax, or to get a 50% sales tax refund.
Relevant Selected Sections of Florida Statutes:
Corporate Income Tax Credits:
• Enterprise Zone Jobs Credit (§ 220.181, F.S.)
• Enterprise Zone Property Tax Credit (§ 220.182, F.S.)
• Community Contribution Tax Credit Program (§ 220.183, F.S.)
Sales and Use Credits:
• Enterprise Zone Jobs Credit (§ 212.096, F.S.)
• Building Materials Used In Rehabilitation (§ 212.08(5)(G), F.S.)
• Business Property Used in An Enterprise Zone (§ 212.08(5)(G), F.S.)
• Electrical Energy Used in An Enterprise Zone (§ 212.08(15), F.S.)
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D. Trends and Policy of Public Notice Publication Requirements
A comprehensive study of the underlying issues is available from Public Policy and Funding the
News, A Project of the USC Annenberg Center on Communication Leadership & Policy:
http://fundingthenews.usc.edul. The report, Public Policy and Funding the News, is at:
http: / /f`undinkthenews.usc.edu /report /. The following section on public notices is from the web
site, at: http:// fundinzthenews .usc.edu /reportIpublic.htmL
Like postal subsidies, paid public notices trace their American origins to colonial days. And like
postal subsidies, public notices mandated by the government have been a critical component of
economic stability for newspapers. Yet they are almost certain to shrink drastically as a source of
high - margin revenue for the commercial media. Governments at all levels are beginning to
switch their public notices to the Web, a move that at best means sharply reduced billings for
publishers, and at worst means they could lose the business altogether.
Public notices are government - required announcements that give citizens information about
important activities. In most cases government mandates these notices of itself or of subordinate
governments; in other cases they establish publication requirements for private- sector concerns.
Typical public- notice laws apply to public budgets, public hearings, government contracts open
for bidding, unclaimed property, and court actions such as probating wills and notification of
unknown creditors. Public agencies have required paid publication of this kind of information for
decades as a way to ensure that citizens are informed of critical actions.
Historically, these fine -print notices have been a lucrative business for newspaper publishers, and
have touched off heated bidding wars for government contracts. Legal notices have been
especially important to weekly and other community newspapers. Their trade association, the
National Newspaper Association, estimated in 2000 that public notices accounted for 5 percent
to 10 percent of all community newspaper revenue.
While other forms of advertising have plummeted, public notices have been a bright spot for
publishers. Although small newspapers are the chief beneficiaries of public notices, nearly all
newspapers benefit to some extent. The Wall Street Journal, for example, has a contract with the
government to print seized - property notices. In a four -week study, we discovered that the
government was a top purchaser, by column inches, of ad space in the Journal. It's a business the
newspaper would like to expand. In 2009 it was battling with Virginia -area papers to get its
regional edition certified to print local legal notices.
But the era of big money in public notices will almost certainly fade away. Proposals have been
introduced in 40 states to allow local and state agencies to shift publication to the Web, in some
cases to the government's own Web sites. Responding to The Wall Street Journal's efforts to get
a share of the public- notice revenue in Virginia, a circuit court judge in Norfolk said it "may be
an opportune time for the General Assembly to revisit the issue of notice by publication in light
of the variety of electronic means of mass communication available." The media industry has
beaten down many of these initiatives so far, but in a clear indication of future trends, the shift is
beginning to happen. The Obama administration's Justice Department announced in 2009 that it
would move federal asset forfeiture notices to the Web, saving $6.7 million over five years.
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E. Florida Laws Affecting Public Notice Publication Requirements
➢ Chapter 50, F.S. - Legal and Official Advertisements
➢ § 286.011, F.S. - Publication Requirements for Florida Counties
➢ § 166.041, F.S. - Publication Requirements for Florida Municipalities
Rezoning & land Use Change Publication Requirements for Florida Municipalities
166.041 Procedures for adoption of ordinances and resolutions
1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or
parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the
governing body to notify by mail each real property owner whose land the municipality will redesignate
by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax
records. The notice shall state the substance of the proposed ordinance as it affects that property owner
and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be
given at least 30 days prior to the date set for the public hearing, and a copy of the notice shall be kept
available for public inspection during the regular business hours of the office of the clerk of the governing
body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the
conclusion of the hearing, immediately adopt the ordinance.
2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited
uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land
involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as
follows:
a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least
one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus
one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at
least 7 days after the day that the first advertisement is published. The second hearing shall be held at
least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing.
b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size
or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18
point. The advertisement shall not be placed in that portion of the newspaper where legal notices and
classified advertisements appear. The advertisement shall be placed in a newspaper of general paid
circulation in the municipality and of general interest and readership in the municipality, not one of
limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the
advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in
the municipality is published less than 5 days a week. The advertisement shall be in substantially the
following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes
to adopt the following ordinance: (title of the ordinance) . A public hearing on the ordinance will be held
on (date and time) at (meeting place) . Except for amendments which change the actual list of
permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a
geographic location map which clearly indicates the area covered by the proposed ordinance. The map
shall include major street names as a means of identification of the general area. In addition to being
published in the newspaper, the map must be part of the online notice required pursuant to s. 50.0211.
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c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to
each person owning real property within the area covered by the ordinance. Such notice shall clearly
explain the proposed ordinance and shall notify the person of the time, place, and location of any public
hearing on the proposed ordinance.
Rezoning & land Use Change Publication Requirements for Florida Counties
125.66 Ordinances; enactment procedure; emergency ordinances; rezoning or change of land use
ordinances or resolutions
4(b) In cases in which the proposed ordinance or resolution changes the actual list of permitted,
conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of
a parcel or parcels of land involving 10 contiguous acres or more, the board of county commissioners
shall provide for public notice and hearings as follows:
1. The board of county commissioners shall hold two advertised public hearings on the proposed
ordinance or resolution. At least one hearing shall be held after 5 p.m. on a weekday, unless the board of
county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day.
The first public hearing shall be held at least 7 days after the day that the first advertisement is published.
The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5
days prior to the public hearing.
2. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size
or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18
point. The advertisement shall not be placed in that portion of the newspaper where legal notices and
classified advertisements appear. The advertisement shall be placed in a newspaper of general paid
circulation in the county and of general interest and readership in the community pursuant to chapter 50,
not one of limited subject matter. It is the legislative intent that, whenever possible, the advertisement
shall appear in a newspaper that is published at least 5 days a week unless the only newspaper in the
community is published less than 5 days a week. The advertisement shall be in substantially the following
form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the
following by ordinance or resolution: (title of ordinance or resolution) . A public hearing on the
ordinance or resolution will be held on (date and time) at (meeting place) . Except for amendments
which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the
advertisement shall contain a geographic location map which clearly indicates the area within the local
government covered by the proposed ordinance or resolution. The map shall include major street names
as a means of identification of the general area. In addition to being published in the newspaper, the map
must be part of the online notice required pursuant to s. 50.0211.
3. In lieu of publishing the advertisements set out in this paragraph, the board of county commissioners
may mail a notice to each person owning real property within the area covered by the ordinance or
resolution. Such notice shall clearly explain the proposed ordinance or resolution and shall notify the
person of the time, place, and location of both public hearings on the proposed ordinance or resolution.
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F. Census Data for Critical Areas of Economic Concern
Census Map — Number of Businesses
This map includes data from the County Business Patterns (CBP) program and the 2010 Census. CBP data for 2010 were released in June, 2012-
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Small Area Income and Poverty Estimate (SALPE)
All ages in Poverty
20.1.1 - Flaarida - Selected Counties
2012
100000
1 United States
48,452,035
48,217,869 to 48,686.201
15.9
15.8 to 16.0
2011
12000
1 Florida
3,178,155
3,138,992 to 3,217,318
17
16.8 to 17.2
2011
12015
Charlotte County
20,821
17,143 to 24,499
13.2
10.9 to 15.5
2011
12021
Collier County
52,583
46,962 to 58,204
16.2
14.5 to 17.9
2011
12043
Glades County
2,465
1,863 to 3,067
22.2
16.8 to 27.6
2011
12051
Hendry County
11,037
9,155 to 12,919
29.6
24.6 to 34.6
2011
12071
Lee County
95,422
86,562 to 104,282
153
13.9 to 16.7
2011
12115
Sarasota County
44,010
37,874 to 50,146
11.7
10.1 to 133
Small Area Income and Poverty Estimate (SAIPE)
Median Household Income, in dollars
2011 - Florida - Selected Counties
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2011
00000
United States
$50,502
$50,429 to $50,575
2011
12000
Florida
$44,250
'$43,850 to $44,650
2011
12015
Charlotte County
$41,346
$38,654 to $44,038
2011
12021
Collier County
$51,039
$49,408 to $52,670
2011
12043
Glades County
538,825
$35,154 to $42,496
2011
12051
Hendry County
$35,247
$31,856 to $38,638
2011
12071
Lee County
$45,515
$43,911 to $47,119
2011
12115
Sarasota County
$47,457
$45,090 to 549,824
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G. Comprehensive Economic Development Strategy Vital Projects
The following are Vital Projects from the 2012 -2017 Comprehensive Economic Development Strategy
adopted by the Southwest Florida Regional Planning Council, grouped by the economic development
pillar that they promote:
➢ Innovation & Economic Development (Pillar 2)
Project: Expansion of the Immokalee Business Development Center
The Immokalee Business Development Center (IBDC), also known as " Immokalee Biz ", addresses
the general problem of a weak economic and business climate in Immokalee, and some of the barriers
to entry for new businesses. Economic and social conditions are addressed and overcome through a
combination of technical assistance, education, training, and business guidance. The IBDC promotes
business growth, job creation, and economic growth for the Immokalee Community.
The current project of expanding the center (building a structure that will house the business
development center and a regional food production center) will add a new program to the incubator
by providing a facility to allow small local growers to increase the economic value and consumer
appeal of raw farm products and marketing it more directly to the public. Hence, we will have the
capability to retrain individuals who were in the agricultural industry to becoming entrepreneurs
Project. Airglades Airport Development
Airglades Airport is currently a GA airport that is in the FAA Privatization Program which will create
an environment whereby a developer ( Airglades International Airport, LLC already established) will
manage /purchase the airport and develop it for aviation /cargo /distribution/manufacturing purposes.
There are current infrastructure issues that need to be upgraded/improved. There is already existing
interest from large companies to locate at Airglades creating a huge economic impact for Southwest
Florida. The Airport is 2500 acres and expects to create a few thousand jobs and millions of dollars in
private investment within the next five years. We need infrastructure funds NOW to help kick -start
the development.
Project: Logistics Center (America Gateway Logistics - Phase 1)
The AGLC will be located in the center of southern Florida between Fort Myers and Palm Beach in
Glades County. The AGLC will focus on the exporting and distribution of manufactured goods by
Floridians and North American companies by linking four Florida ports and three international cargo
airports on both coasts by road and rail thus advancing the goal of doubling Florida's exports and
Florida becoming an international shipping hub (by rail, road, sea and air).
➢ Infrastructure & Growth Leadership (Pillar 3)
Project. Regional Transportation Plan
To facilitate coordination in cooperation with the existing MPOs and other partners to create a
comprehensive regional transportation plan for Southwest Florida.
➢ Business Climate & Competitiveness (Pillar 4)
Project: Establish partnerships for the creation of a Regional Economic Development Agency to
promote centralized data and regional marketing efforts
Create a repository of regional econometric and demographic data and dissemination method (e.g.
website) and develop a marketing plan to attract businesses to the region.
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6/11/2013 5.B.
H. States Utilizing One -stop Portals
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Florida Has Made Limited Progress in Streamlining Business Processes; One -stop Portals of Benefit to Some Other
States (OPPAGA, Report No. 10 -22, February 2010, pg. 4 -5)
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