Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 1634
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LEGISLATIVE ACTION
Senate . House
Comm: TP .
04/23/2014 .
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The Committee on Appropriations (Richter) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1745 and 1746
4 insert:
5 Section 39. (1) Any building permit, and any permit issued
6 by the Department of Environmental Protection or by a water
7 management district pursuant to part IV of chapter 373, Florida
8 Statutes, which has an expiration date from January 1, 2014,
9 through January 1, 2016, is extended and renewed for a period of
10 2 years after its previously scheduled date of expiration. This
11 extension includes any local government-issued development order
12 or building permit including certificates of levels of service.
13 This section does not prohibit conversion from the construction
14 phase to the operation phase upon completion of construction.
15 This extension is in addition to any existing permit extension.
16 Extensions granted pursuant to this section; s. 14 of chapter
17 2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
18 2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
19 Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or
20 s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4
21 years in total. Further, specific development order extensions
22 granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
23 not be further extended by this section.
24 (2) The commencement and completion dates for any required
25 mitigation associated with a phased construction project are
26 extended so that mitigation takes place in the same timeframe
27 relative to the phase as originally permitted.
28 (3) The holder of a valid permit or other authorization
29 that is eligible for the 2-year extension must notify the
30 authorizing agency in writing by December 31, 2014, identifying
31 the specific authorization for which the holder intends to use
32 the extension and the anticipated timeframe for acting on the
33 authorization.
34 (4) The extension provided in subsection (1) does not apply
35 to:
36 (a) A permit or other authorization under any programmatic
37 or regional general permit issued by the Army Corps of
38 Engineers.
39 (b) A permit or other authorization held by an owner or
40 operator determined to be in significant noncompliance with the
41 conditions of the permit or authorization as established through
42 the issuance of a warning letter or notice of violation, the
43 initiation of formal enforcement, or other equivalent action by
44 the authorizing agency.
45 (c) A permit or other authorization, if granted an
46 extension that would delay or prevent compliance with a court
47 order.
48 (5) Permits extended under this section shall continue to
49 be governed by the rules in effect at the time the permit was
50 issued unless it is demonstrated that the rules in effect at the
51 time the permit was issued would create an immediate threat to
52 public safety or health. This provision applies to any
53 modification of the plans, terms, and conditions of the permit
54 which lessens the environmental impact, except that any such
55 modification does not extend the time limit beyond 2 additional
56 years.
57 (6) This section does not impair the authority of a county
58 or municipality to require the owner of a property who has
59 notified the county or municipality of the owner’s intent to
60 receive the extension of time granted pursuant to this section
61 to maintain and secure the property in a safe and sanitary
62 condition in compliance with applicable laws and ordinances.
63
64 ================= T I T L E A M E N D M E N T ================
65 And the title is amended as follows:
66 Delete line 84
67 and insert:
68 cross-references to changes made by the act; extending
69 and renewing building permits and certain permits
70 issued by the Department of Environmental Protection
71 or a water management district, including any local
72 government-issued development order or building permit
73 issued pursuant thereto; limiting certain permit
74 extensions to a specified period of time; extending
75 commencement and completion dates for required
76 mitigation associated with a phased construction
77 project; requiring the holder of an extended permit or
78 authorization to provide notice to the authorizing
79 agency; providing exceptions to the extension and
80 renewal of such permits; providing that extended
81 permits are governed by certain rules; providing
82 applicability; providing