Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 716
                                Barcode 747548                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2012           .                                

       The Committee on Budget Subcommittee on General Government
       Appropriations (Jones) recommended the following:
    1         Senate Amendment (with title amendment)
    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.
   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.