Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 1180 Barcode 413270 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/06/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Bennett) recommended the following: 1 Senate Amendment to Amendment (788434) (with title 2 amendment) 3 4 After line 330 5 insert: 6 Section 5. (1) Except as provided in subsection (4), and in 7 recognition of 2012 real estate market conditions, any building 8 permit, and any permit issued by the Department of Environmental 9 Protection or by a water management district pursuant to part IV 10 of chapter 373, Florida Statutes, which has an expiration date 11 from January 1, 2012, through January 1, 2014, is extended and 12 renewed for a period of 2 years after its previously scheduled 13 date of expiration. This extension includes any local 14 government-issued development order or building permit including 15 certificates of levels of service. This section does not 16 prohibit conversion from the construction phase to the operation 17 phase upon completion of construction. This extension is in 18 addition to any existing permit extension. Extensions granted 19 pursuant to this section; section 14 of chapter 2009-96, Laws of 20 Florida, as reauthorized by section 47 of chapter 2010-147, Laws 21 of Florida; section 46 of chapter 2010-147, Laws of Florida; 22 section 74 of chapter 2011-139, Laws of Florida; or section 79 23 of chapter 2011-139, Laws of Florida shall not exceed 4 years in 24 total. Further, specific development order extensions granted 25 pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be 26 further extended by this section. 27 28 (2) The commencement and completion dates for any required 29 mitigation associated with a phased construction project are 30 extended so that mitigation takes place in the same timeframe 31 relative to the phase as originally permitted. 32 33 (3) The holder of a valid permit or other authorization that is 34 eligible for the 2-year extension must notify the authorizing 35 agency in writing by December 31, 2012, identifying the specific 36 authorization for which the holder intends to use the extension 37 and the anticipated timeframe for acting on the authorization. 38 39 (4) The extension provided for in subsection (1) does not apply 40 to: 41 42 (a) A permit or other authorization under any programmatic or 43 regional general permit issued by the Army Corps of Engineers. 44 45 (b) A permit or other authorization held by an owner or operator 46 determined to be in significant noncompliance with the 47 conditions of the permit or authorization as established through 48 the issuance of a warning letter or notice of violation, the 49 initiation of formal enforcement, or other equivalent action by 50 the authorizing agency. 51 52 (c) A permit or other authorization, if granted an extension 53 that would delay or prevent compliance with a court order. 54 55 (5) Permits extended under this section shall continue to be 56 governed by the rules in effect at the time the permit was 57 issued, except if it is demonstrated that the rules in effect at 58 the time the permit was issued would create an immediate threat 59 to public safety or health. This provision applies to any 60 modification of the plans, terms, and conditions of the permit 61 which lessens the environmental impact, except that any such 62 modification does not extend the time limit beyond 2 additional 63 years. 64 65 (6) This section does not impair the authority of a county or 66 municipality to require the owner of a property that has 67 notified the county or municipality of the owner’s intent to 68 receive the extension of time granted pursuant to this section 69 to maintain and secure the property in a safe and sanitary 70 condition in compliance with applicable laws and ordinances. 71 72 ================= T I T L E A M E N D M E N T ================ 73 And the title is amended as follows: 74 Delete line 361 75 and insert: 76 certain criteria as an agricultural enclave; creating 77 a 2-year permit extension; providing