Florida Senate - 2021                       CS for CS for SB 912
       
       
        
       By the Committees on Rules; and Environment and Natural
       Resources; and Senator Albritton
       
       
       
       
       595-03634-21                                           2021912c2
    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 specified
    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 tolled and extended during a
    9         state of emergency declared by the Governor for a
   10         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 IV of chapter 373.
   33         4. Permits issued by the Department of Environmental
   34  Protection or a water management district pursuant to part II of
   35  chapter 373 for land subject to a development agreement under
   36  the Florida Local Government Development Agreement Act in which
   37  the permittee and the developer are the same or a related
   38  entity.
   39         5. The buildout date of a development of regional impact,
   40  including any extension of a buildout date that was previously
   41  granted as specified in s. 380.06(7)(c).
   42         6. The expiration of a development permit or a development
   43  agreement authorized by state law, including those authorized
   44  under the Florida Local Government Development Agreement Act, or
   45  issued by a local government or other governmental agency.
   46         (b) Within 90 days after the termination of the emergency
   47  declaration, the holder of the permit or other authorization
   48  shall notify the issuing authority of the intent to exercise the
   49  tolling and extension granted under paragraph (a). The notice
   50  must be in writing and identify the specific permit or other
   51  authorization qualifying for extension.
   52         (c) If the permit or other authorization for a phased
   53  construction project is extended, the commencement and
   54  completion dates for any required mitigation are extended such
   55  that the mitigation activities occur in the same timeframe
   56  relative to the phase as originally permitted.
   57         (d) This subsection does not apply to:
   58         1. A permit or other authorization for a building,
   59  improvement, or development located outside the geographic area
   60  for which the declaration of a state of emergency applies.
   61         2. A permit or other authorization under any programmatic
   62  or regional general permit issued by the Army Corps of
   63  Engineers.
   64         3. The holder of a permit or other authorization who is
   65  determined by the authorizing agency to be in significant
   66  noncompliance with the conditions of the permit or other
   67  authorization through the issuance of a warning letter or notice
   68  of violation, the initiation of formal enforcement, or an
   69  equivalent action.
   70         4. A permit or other authorization that is subject to a
   71  court order specifying an expiration date or buildout date that
   72  would be in conflict with the extensions granted in this
   73  section.
   74         Section 2. The amendments made to s. 252.363, Florida
   75  Statutes, by this act shall apply retroactively to any
   76  declaration of a state of emergency issued by the Governor for a
   77  natural emergency since March 1, 2020.
   78         Section 3. This act shall take effect upon becoming a law.