Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2026
       
       
       
       
       
       
                                Barcode 303300                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
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       The Committee on Environmental Preservation and Conservation
       (Constantine) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 112 - 154
    4  and insert:
    5  September 1, 2011, is extended and renewed for a period of 2
    6  years following its date of expiration. For development orders
    7  and land use approvals, including, but not limited to,
    8  certificates of concurrency and development agreements, this
    9  extension also includes phase, commencement, and buildout dates,
   10  including any buildout date extension previously granted under
   11  s. 380.06(19)(c), Florida Statutes. This subsection does not
   12  prohibit conversion from the construction phase to the operation
   13  phase upon completion of construction for combined construction
   14  and operation permits.
   15         (2) The completion date for any required mitigation
   16  associated with a phased construction project shall be extended
   17  and renewed so that mitigation takes place in the same timeframe
   18  relative to the phase as originally permitted.
   19         (3) The holder of an agency or district permit or a
   20  development order, building permit, or other land use approval
   21  issued by a local government which is eligible for the 2-year
   22  extension shall notify the authorizing agency in writing no
   23  later than September 30, 2010, identifying the specific
   24  authorization for which the holder intends to use the extended
   25  or renewed permit, order, or approval.
   26         (4) The extensions and renewals provided for in subsection
   27  (1) do not apply to:
   28         (a) A permit or other authorization under any programmatic
   29  or regional general permit issued by the United States Army
   30  Corps of Engineers.
   31         (b) An agency or district permit or a development order,
   32  building permit, or other land use approval issued by a local
   33  government and held by an owner or operator determined to be in
   34  significant noncompliance with the conditions of the permit,
   35  order, or approval as established through the issuance of a
   36  warning letter or notice of violation, the initiation of formal
   37  enforcement, or other equivalent action by the authorizing
   38  agency.
   39         (5) Permits, development orders, and other land use
   40  approvals extended and renewed under this section shall continue
   41  to be governed by rules in effect at the time the permit, order,
   42  or approval was issued. This subsection applies to any
   43  modification of the plans, terms, and conditions of such permit,
   44  development order, or other land use approval which lessens the
   45  environmental impact, except that any such modification shall
   46  not extend the permit, order, or other land use approval beyond
   47  the 2 years authorized under subsection (1).
   48