Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1866
       
       
       
       
       
       
                                Barcode 345670                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/28/2012           .                                
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       The Committee on Budget (Bogdanoff) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 4673 and 4674
    4  insert:
    5         Section 101. (1) Any building permit or any permit issued
    6  by the Department of Environmental Protection or by a water
    7  management district pursuant to part IV of chapter 373, Florida
    8  Statutes, which has an expiration date from January 1, 2012,
    9  through January 1, 2014, is extended and renewed for a period of
   10  2 years after its previously scheduled date of expiration. This
   11  extension includes any local government-issued development order
   12  or building permit, including certificates of levels of service.
   13  This section does not prohibit conversion from the construction
   14  phase to the operation phase upon completion of construction.
   15  This extension is in addition to any existing permit extension.
   16  Extensions granted pursuant to this section; s. 14 of chapter
   17  2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
   18  2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
   19  Florida; or s. 74 or s. 79 of chapter 2011-139, Laws of Florida,
   20  may not exceed 4 years in total. However, an extension of a
   21  specific development order which was granted pursuant to s.
   22  380.06(19)(c)2., Florida Statutes, may not be further extended
   23  pursuant to this section.
   24         (2) The commencement and completion dates for any required
   25  mitigation associated with a phased construction project shall
   26  be extended so that mitigation takes place in the same timeframe
   27  relative to the phase as originally permitted.
   28         (3) The holder of a valid permit or other authorization
   29  that is eligible for the 2-year extension under subsection (1)
   30  must provide the authorizing agency with written notice by
   31  December 31, 2012, which identifies the specific authorization
   32  for which the holder intends to use the extension and the
   33  anticipated timeframe for acting on the authorization.
   34         (4) The extension provided under subsection (1) does not
   35  apply to:
   36         (a) A permit or other authorization under any programmatic
   37  or regional general permit issued by the United States Army
   38  Corps of Engineers.
   39         (b) A permit or other authorization held by an owner or
   40  operator determined to be in significant noncompliance with the
   41  conditions of the permit or authorization as established through
   42  the issuance of a warning letter or notice of violation, the
   43  initiation of formal enforcement, or other equivalent action by
   44  the authorizing agency.
   45         (c) A permit or other authorization that, if granted an
   46  extension, would delay or prevent compliance with a court order.
   47         (5) Permits extended under this section shall continue to
   48  be governed by the rules in effect at the time the permit was
   49  issued unless it is demonstrated that those rules would create
   50  an immediate threat to public safety or health. This subsection
   51  applies to any modification of the plans, terms, and conditions
   52  of the permit which lessens the environmental impact, except
   53  that any such modification may not extend the time limit beyond
   54  2 additional years.
   55         (6) This section does not impair the authority of a county
   56  or municipality to require the owner of a property who has
   57  notified the county or municipality of the owner’s intent to
   58  receive the extension of time granted pursuant to this section
   59  to maintain and secure the property in a safe and sanitary
   60  condition in compliance with applicable laws and ordinances.
   61         (7) An owner shall record a current and unexpired notice of
   62  commencement in accordance with s. 713.13, Florida Statutes, for
   63  any construction project commenced or recommenced under a
   64  building permit extended pursuant to this section. The
   65  contractor shall provide a copy of the current and unexpired
   66  recorded notice of commencement to the permit authority before
   67  an inspection is performed in compliance with s. 713.135(1)(b),
   68  Florida Statutes.
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71         And the title is amended as follows:
   72         Between lines 462 and 463
   73  insert:
   74         providing that certain building permits or permits
   75         issued by the Department of Environmental Protection
   76         or by a water management district are extended and
   77         renewed for a specified period; requiring written
   78         notification by the holder of an eligible permit;
   79         providing exceptions; requiring that an owner record a
   80         current and unexpired notice of commencement for any
   81         construction project commenced or recommenced under an
   82         extended building permit;