Florida Senate - 2021                              CS for SB 912
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Albritton
       
       
       
       
       592-03176-21                                           2021912c1
    1                        A bill to be entitled                      
    2         An act relating to the tolling and extension of
    3         permits and other authorizations during states of
    4         emergency; amending s. 252.363, F.S.; adding
    5         consumptive use permits issued under part II of ch.
    6         373, F.S., and specified development permits and
    7         development agreements to the list of permits and
    8         other authorizations that are tolled and extended
    9         during a state of emergency declared by the Governor
   10         for a natural emergency; providing for retroactive
   11         application; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 252.363, Florida
   16  Statutes, is amended to read:
   17         252.363 Tolling and extension of permits and other
   18  authorizations.—
   19         (1)(a) The declaration of a state of emergency issued by
   20  the Governor for a natural emergency tolls the period remaining
   21  to exercise the rights under a permit or other authorization for
   22  the duration of the emergency declaration. Further, the
   23  emergency declaration extends the period remaining to exercise
   24  the rights under a permit or other authorization for 6 months in
   25  addition to the tolled period. This paragraph applies to the
   26  following:
   27         1. The expiration of a development order issued by a local
   28  government.
   29         2. The expiration of a building permit.
   30         3. The expiration of a permit issued by the Department of
   31  Environmental Protection or a water management district pursuant
   32  to part II or part IV of chapter 373.
   33         4. The buildout date of a development of regional impact,
   34  including any extension of a buildout date that was previously
   35  granted as specified in s. 380.06(7)(c).
   36         5. The expiration of a development permit or a development
   37  agreement authorized by state law, including those authorized
   38  under the Florida Local Government Development Agreement Act, or
   39  issued by a local government or other governmental agency.
   40         (b) Within 90 days after the termination of the emergency
   41  declaration, the holder of the permit or other authorization
   42  shall notify the issuing authority of the intent to exercise the
   43  tolling and extension granted under paragraph (a). The notice
   44  must be in writing and identify the specific permit or other
   45  authorization qualifying for extension.
   46         (c) If the permit or other authorization for a phased
   47  construction project is extended, the commencement and
   48  completion dates for any required mitigation are extended such
   49  that the mitigation activities occur in the same timeframe
   50  relative to the phase as originally permitted.
   51         (d) This subsection does not apply to:
   52         1. A permit or other authorization for a building,
   53  improvement, or development located outside the geographic area
   54  for which the declaration of a state of emergency applies.
   55         2. A permit or other authorization under any programmatic
   56  or regional general permit issued by the Army Corps of
   57  Engineers.
   58         3. The holder of a permit or other authorization who is
   59  determined by the authorizing agency to be in significant
   60  noncompliance with the conditions of the permit or other
   61  authorization through the issuance of a warning letter or notice
   62  of violation, the initiation of formal enforcement, or an
   63  equivalent action.
   64         4. A permit or other authorization that is subject to a
   65  court order specifying an expiration date or buildout date that
   66  would be in conflict with the extensions granted in this
   67  section.
   68         Section 2. The amendments made to s. 252.363, Florida
   69  Statutes, by this act shall apply retroactively to any
   70  declaration of a state of emergency issued by the Governor for a
   71  natural emergency since March 1, 2020.
   72         Section 3. This act shall take effect upon becoming a law.