Final Deadline Approaching for Filing SB 1752 Extensions
The Florida Legislature again provided for an automatic two-year extension of certain local government development orders or building permits and for certain permits issued by the Florida Department of Environmental Protection or a water management district.
This becomes especially important to consider in light of questions regarding the validity of the extensions issued under SB 360 based on a recent ruling in City of Weston v. Crist. SB 1752 was adopted in anticipation of the possible adverse ruling in this case, so SB 1752 ratified those 2-year permit extensions, and authorized another 2-year extension which may serve to extend permits that fell through the cracks in 2009. Each agency may interpret the effect of the ruling differently, so your options are:
- Contact the agency for their interpretation; and /or
- File under SB 1752 to be safe.
To obtain the SB 1752 extension, the permit holder must notify the agency by December 31, 2010.
Each agency may have their specific requirements and the attorneys in our Asset Management Section will be happy to assist you or to answer your questions. However, some generalizations may be helpful:
- The expiration date must be between September 1, 2008 and January 1, 2012.
- An additional extension can be requested if an extension was received under SB 380; provided the extension date is as above.
- For FDEP and WMD permits – they must be issued pursuant to Part IV of Chapter 373 F.S. They would include Conceptual Approvals, Environmental Resource Permits or Surface Water Management Permits, Noticed General Permits, Standard Permits, Standard General Permits, or Individual Permits.
- For some agencies, it is helpful to include the application number in addition to the permit number.
- If the permit expired, and the expiration date is as above, then the extension can still be applicable.
There are certain exclusions where the extension does not apply:
- A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
- 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.
- A permit or other authorization, if granted an extension that would delay or prevent compliance with a court order.
- The extension would not apply to exemptions (since they are not permits).
- The Legislation is not clear on whether it applies to Part IV, chapter 373 F.S. permits issued by a delegated local government. We will be happy to talk to you about any permits you might have that meet this criterion.
- The extension does not apply to the “companion” or associated permits to Part IV of Chapter 373 F.S. However, we might be able to assist you to get an extension under other regulations.
- When in doubt ask, or file. There is no fee for extension. If the response is to be denied, the agency should provide a reason.
- Act sooner, rather than later. If the response is denied, we may be able to help you get your extension under other agency rules which might not be as favorable, but would at least obtain the extension.
For more information contact: