Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1180
                                Barcode 413270                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/06/2012           .                                

       The Committee on Community Affairs (Bennett) recommended the
    1         Senate Amendment to Amendment (788434) (with title
    2  amendment)
    4         After line 330
    5  insert:
    6  Section 5. (1)Except as provided in subsection (4), and in
    7  recognition of 2012 real estate market conditions, any building
    8  permit, and any permit issued by the Department of Environmental
    9  Protection or by a water management district pursuant to part IV
   10  of chapter 373, Florida Statutes, which has an expiration date
   11  from January 1, 2012, through January 1, 2014, is extended and
   12  renewed for a period of 2 years after its previously scheduled
   13  date of expiration. This extension includes any local
   14  government-issued development order or building permit including
   15  certificates of levels of service. This section does not
   16  prohibit conversion from the construction phase to the operation
   17  phase upon completion of construction. This extension is in
   18  addition to any existing permit extension. Extensions granted
   19  pursuant to this section; section 14 of chapter 2009-96, Laws of
   20  Florida, as reauthorized by section 47 of chapter 2010-147, Laws
   21  of Florida; section 46 of chapter 2010-147, Laws of Florida;
   22  section 74 of chapter 2011-139, Laws of Florida; or section 79
   23  of chapter 2011-139, Laws of Florida shall not exceed 4 years in
   24  total. Further, specific development order extensions granted
   25  pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be
   26  further extended by this section.
   28  (2)The commencement and completion dates for any required
   29  mitigation associated with a phased construction project are
   30  extended so that mitigation takes place in the same timeframe
   31  relative to the phase as originally permitted.
   33  (3)The holder of a valid permit or other authorization that is
   34  eligible for the 2-year extension must notify the authorizing
   35  agency in writing by December 31, 2012, identifying the specific
   36  authorization for which the holder intends to use the extension
   37  and the anticipated timeframe for acting on the authorization.
   39  (4)The extension provided for in subsection (1) does not apply
   40  to:
   42  (a)A permit or other authorization under any programmatic or
   43  regional general permit issued by the Army Corps of Engineers.
   45  (b)A permit or other authorization held by an owner or operator
   46  determined to be in significant noncompliance with the
   47  conditions of the permit or authorization as established through
   48  the issuance of a warning letter or notice of violation, the
   49  initiation of formal enforcement, or other equivalent action by
   50  the authorizing agency.
   52  (c)A permit or other authorization, if granted an extension
   53  that would delay or prevent compliance with a court order.
   55  (5) Permits extended under this section shall continue to be
   56  governed by the rules in effect at the time the permit was
   57  issued, except if it is demonstrated that the rules in effect at
   58  the time the permit was issued would create an immediate threat
   59  to public safety or health. This provision applies to any
   60  modification of the plans, terms, and conditions of the permit
   61  which lessens the environmental impact, except that any such
   62  modification does not extend the time limit beyond 2 additional
   63  years.
   65  (6) This section does not impair the authority of a county or
   66  municipality to require the owner of a property that has
   67  notified the county or municipality of the owner’s intent to
   68  receive the extension of time granted pursuant to this section
   69  to maintain and secure the property in a safe and sanitary
   70  condition in compliance with applicable laws and ordinances.
   72  ================= T I T L E  A M E N D M E N T ================
   73         And the title is amended as follows:
   74         Delete line 361
   75  and insert:
   76         certain criteria as an agricultural enclave; creating
   77         a 2-year permit extension; providing