Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/HB 7023, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: 1c/RE/2R .
05/01/2014 03:18 PM .
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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