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Fall 2014
IN THIS ISSUE
d&G Lawyer News

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  • Are You Eligible for A Permit Extension?
  • By: Kristin Y. Melton and Kristin K. Morris

    As part of the 2014 Legislative session, the legislature passed and the Governor approved HB 7023, which included a two (2) year permit extension for certain types of permits. The extension shall extend and renew the permit for a period of two (2) years after its previously scheduled date of expiration. If you or your client holds an eligible permit, you may want to review them and see if you can extend the term.


    The permit extension applies to any building permit or development order issued by any local government, including a certificate of level of services, scheduled to expire between January 1, 2014 and January 1, 2016, and any permit, such as an Environmental Resource Permit (“ERP”), issued by the Department of Environmental Protection (“DEP”) or by a water management district (“WMD”) pursuant to part IV of chapter 373, Florida Statutes, scheduled to expire between January 1, 2014 and January 1, 2016.

    However, the permits not included in this permit extension include: a permit or other authorization issued by the Army Corps of Engineers under any programmatic or regional general permit; a permit or other authorization held by an owner or operator determined to be in significant noncompliance with the conditions of the permit or authorization as established through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or other equivalent action by the authorizing agency, which includes either the local government, DEP or WMD; or a permit or other authorization, that if granted an extension, would delay or prevent compliance with a court order.

    The extension applies in addition to an already obtained permit extension obtained through prior legislation. However, a permit cannot be extended longer than four (4) years. Development orders extensions granted pursuant to Section 380.06(19)(c)(2), Florida Statutes, may not be further extended.

    The permits governed by this section are governed by the rules in effect at the time the permit was issued unless the rules in effect at the time of issuance would create an immediate threat to public safety or health. In addition, the county or municipality governing the permits’ issuance and requested extensions may require the property owner to maintain and secure the property in a safe and sanitary condition in compliance with all laws and ordinances.

    It is the responsibility of permit holders seeking an extension to notify the authorizing agency in writing by December 31, 2014 of any intent to use the extension, and must include the specific authorization the holder intends to rely on for the extension and the anticipated timeframe for acting upon such authorization.

    If you have any further questions regarding your permit or extending your permit, please contact Vivian Arenas-Battles or Kristin Melton in our office at varenas@dgfirm.com or kmelton@dgfirm.com.
    101 E. Kennedy Blvd., Suite 2000 | Tampa, FL 33602 | 813-229-2775 Fax: 813-229-2712
    Email: info@dgfirm.com | Site: www.dgfirm.com
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