Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7023, 1st Eng.
       
       
       
       
       
       
                                Ì838754HÎ838754                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1c/RE/2R         .                                
             05/01/2014 03:18 PM       .                                
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       Senator Richter moved the following:
       
    1         Senate Amendment to Amendment (494350) (with title
    2  amendment)
    3  
    4         Between lines 1760 and 1761
    5  insert:
    6         Section 43. (1) Any building permit, and any permit issued
    7  by the Department of Environmental Protection or by a water
    8  management district pursuant to part IV of chapter 373, Florida
    9  Statutes, which has an expiration date from January 1, 2014,
   10  through January 1, 2016, is extended and renewed for a period of
   11  2 years after its previously scheduled date of expiration. This
   12  extension includes any local government-issued development order
   13  or building permit including certificates of levels of service.
   14  This section does not prohibit conversion from the construction
   15  phase to the operation phase upon completion of construction.
   16  This extension is in addition to any existing permit extension.
   17  Extensions granted pursuant to this section; s. 14 of chapter
   18  2009-96, Laws of Florida, as reauthorized by s. 47 of chapter
   19  2010-147, Laws of Florida; s. 46 of chapter 2010-147, Laws of
   20  Florida; s. 73 or s. 79 of chapter 2011-139, Laws of Florida; or
   21  s. 24 of chapter 2012-205, Laws of Florida, may not exceed 4
   22  years in total. Further, specific development order extensions
   23  granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
   24  not be further extended by this section.
   25         (2) The commencement and completion dates for any required
   26  mitigation associated with a phased construction project are
   27  extended so that mitigation takes place in the same timeframe
   28  relative to the phase as originally permitted.
   29         (3) The holder of a valid permit or other authorization
   30  that is eligible for the 2-year extension must notify the
   31  authorizing agency in writing by December 31, 2014, identifying
   32  the specific authorization for which the holder intends to use
   33  the extension and the anticipated timeframe for acting on the
   34  authorization.
   35         (4) The extension provided in subsection (1) does not apply
   36  to:
   37         (a) A permit or other authorization under any programmatic
   38  or regional general permit issued by the Army Corps of
   39  Engineers.
   40         (b) A permit or other authorization held by an owner or
   41  operator determined to be in significant noncompliance with the
   42  conditions of the permit or authorization as established through
   43  the issuance of a warning letter or notice of violation, the
   44  initiation of formal enforcement, or other equivalent action by
   45  the authorizing agency.
   46         (c) A permit or other authorization, if granted an
   47  extension that would delay or prevent compliance with a court
   48  order.
   49         (5) Permits extended under this section shall continue to
   50  be governed by the rules in effect at the time the permit was
   51  issued unless it is demonstrated that the rules in effect at the
   52  time the permit was issued would create an immediate threat to
   53  public safety or health. This provision applies to any
   54  modification of the plans, terms, and conditions of the permit
   55  which lessens the environmental impact, except that any such
   56  modification does not extend the time limit beyond 2 additional
   57  years.
   58         (6) This section does not impair the authority of a county
   59  or municipality to require the owner of a property who has
   60  notified the county or municipality of the owner’s intent to
   61  receive the extension of time granted pursuant to this section
   62  to maintain and secure the property in a safe and sanitary
   63  condition in compliance with applicable laws and ordinances.
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete line 1864
   68  and insert:
   69         references to changes made by the act; extending and
   70         renewing building permits and certain permits issued
   71         by the Department of Environmental Protection or a
   72         water management district, including any local
   73         government-issued development order or building permit
   74         issued pursuant thereto; limiting certain permit
   75         extensions to a specified period of time; extending
   76         commencement and completion dates for required
   77         mitigation associated with a phased construction
   78         project; requiring the holder of an extended permit or
   79         authorization to provide notice to the authorizing
   80         agency; providing exceptions to the extension and
   81         renewal of such permits; providing that extended
   82         permits are governed by certain rules; providing
   83         applicability; providing an