Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS/HB 7023, 1st Eng. Ì838754HÎ838754 LEGISLATIVE ACTION Senate . House . . . Floor: 1c/RE/2R . 05/01/2014 03:18 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Richter moved the following: 1 Senate Amendment to Amendment (494350) (with title 2 amendment) 3 4 Between lines 1760 and 1761 5 insert: 6 Section 43. (1) Any building permit, and any permit issued 7 by the Department of Environmental Protection or by a water 8 management district pursuant to part IV of chapter 373, Florida 9 Statutes, which has an expiration date from January 1, 2014, 10 through January 1, 2016, is extended and renewed for a period of 11 2 years after its previously scheduled date of expiration. This 12 extension includes any local government-issued development order 13 or building permit including certificates of levels of service. 14 This section does not prohibit conversion from the construction 15 phase to the operation phase upon completion of construction. 16 This extension is in addition to any existing permit extension. 17 Extensions granted pursuant to this section; s. 14 of chapter 18 2009-96, Laws of Florida, as reauthorized by s. 47 of chapter 19 2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of 20 Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or 21 s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4 22 years in total. Further, specific development order extensions 23 granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may 24 not be further extended by this section. 25 (2) The commencement and completion dates for any required 26 mitigation associated with a phased construction project are 27 extended so that mitigation takes place in the same timeframe 28 relative to the phase as originally permitted. 29 (3) The holder of a valid permit or other authorization 30 that is eligible for the 2-year extension must notify the 31 authorizing agency in writing by December 31, 2014, identifying 32 the specific authorization for which the holder intends to use 33 the extension and the anticipated timeframe for acting on the 34 authorization. 35 (4) The extension provided in subsection (1) does not apply 36 to: 37 (a) A permit or other authorization under any programmatic 38 or regional general permit issued by the Army Corps of 39 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 unless it is demonstrated that the rules in effect at the 52 time the permit was issued would create an immediate threat to 53 public safety or health. This provision 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 1864 68 and insert: 69 references to changes made by the act; extending and 70 renewing building permits and certain permits issued 71 by the Department of Environmental Protection or a 72 water management district, including any local 73 government-issued development order or building permit 74 issued pursuant thereto; limiting certain permit 75 extensions to a specified period of time; extending 76 commencement and completion dates for required 77 mitigation associated with a phased construction 78 project; requiring the holder of an extended permit or 79 authorization to provide notice to the authorizing 80 agency; providing exceptions to the extension and 81 renewal of such permits; providing that extended 82 permits are governed by certain rules; providing 83 applicability; providing an