Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 1866 Barcode 345670 LEGISLATIVE ACTION Senate . House Comm: WD . 02/28/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;