Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 716
Barcode 747548
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/01/2012 .
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The Committee on Budget Subcommittee on General Government
Appropriations (Jones) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1109 - 1110
4 and insert:
5 or s. 79 of chapter 2011-139, Laws of Florida, or section 25 of
6 this act. This section applies retroactively and is effective as
7 of June 2, 2011.
8 Section 25. (1) Any building permit or any permit issued by
9 the Department of Environmental Protection or by a water
10 management district pursuant to part IV of chapter 373, Florida
11 Statutes, which has an expiration date from January 1, 2012,
12 through January 1, 2014, is extended and renewed for a period of
13 2 years after its previously scheduled date of expiration. This
14 extension includes any local government-issued development order
15 or building permit, including certificates of levels of service.
16 This section does not prohibit conversion from the construction
17 phase to the operation phase upon completion of construction.
18 This extension is in addition to any existing permit extension.
19 Extensions granted pursuant to this section; s. 14 of chapter
20 2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
21 2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
22 Florida; or s. 74 or s. 79 of chapter 2011-139, Laws of Florida,
23 may not exceed 4 years in total. Further, specific development
24 order extensions granted pursuant to s. 380.06(19)(c)2., Florida
25 Statutes, cannot be further extended by this section.
26 (2) The commencement and completion dates for any required
27 mitigation associated with a phased construction project are
28 extended so that mitigation takes place in the same timeframe
29 relative to the phase as originally permitted.
30 (3) The holder of a valid permit or other authorization
31 that is eligible for the 2-year extension under subsection (1)
32 must provide the authorizing agency with written notice by
33 December 31, 2012, which identifies the specific authorization
34 for which the holder intends to use the extension and the
35 anticipated timeframe for acting on the authorization.
36 (4) The extension under subsection (1) does not apply to:
37 (a) A permit or other authorization under any programmatic
38 or regional general permit issued by the United States Army
39 Corps of Engineers.
40 (b) A permit or other authorization held by an owner or
41 operator determined to be in significant noncompliance with the
42 conditions of the permit or authorization as established through
43 the issuance of a warning letter or notice of violation, the
44 initiation of formal enforcement, or other equivalent action by
45 the authorizing agency.
46 (c) A permit or other authorization, if granted an
47 extension that would delay or prevent compliance with a court
48 order.
49 (5) Permits extended under this section shall continue to
50 be governed by the rules in effect at the time the permit was
51 issued, except if it is demonstrated that the rules in effect at
52 the time the permit was issued would create an immediate threat
53 to public safety or health. This subsection applies to any
54 modification of the plans, terms, and conditions of the permit
55 which lessens the environmental impact, except that any such
56 modification does not extend the time limit beyond 2 additional
57 years.
58 (6) This section does not impair the authority of a county
59 or municipality to require the owner of a property who has
60 notified the county or municipality of the owner’s intent to
61 receive the extension of time granted pursuant to this section
62 to maintain and secure the property in a safe and sanitary
63 condition in compliance with applicable laws and ordinances.
64
65 ================= T I T L E A M E N D M E N T ================
66 And the title is amended as follows:
67 Delete line 133
68 and insert:
69 Florida, or the act; providing for retroactive
70 application; providing that certain building permits
71 or permits issued by the Department of Environmental
72 Protection or by a water management district are
73 extended and renewed for a specified period; requiring
74 written notification by the holder of an eligible
75 permit; providing exceptions; providing an effective
76 date.