Bill Text: FL S1840 | 2013 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Development Permits

Spectrum: Committee Bill

Status: (Introduced - Dead) 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 269 (Ch. 2013-193), CS/CS/CS/HB 375 (Ch. 2013-79), CS/HB 7019 (Ch. 2013-213) [S1840 Detail]

Download: Florida-2013-S1840-Comm_Sub.html

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       Florida Senate - 2013                             CS for SB 1840
       
       
       
       By the Committees on Community Affairs; and Military and
       Veterans Affairs, Space, and Domestic Security
       
       
       
       578-04000-13                                          20131840c1
    1                        A bill to be entitled                      
    2         An act relating to development permits; amending ss.
    3         125.022 and 166.033, F.S.; requiring counties and
    4         municipalities to attach certain disclaimers and
    5         include certain permit conditions when issuing
    6         development permits; amending chapter 2012-205, Laws
    7         of Florida; revising the deadline for the holder of
    8         certain permits to notify the authorizing agency of
    9         automatic extension eligibility; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 125.022, Florida Statutes, is amended to
   15  read:
   16         125.022 Development permits.—When a county denies an
   17  application for a development permit, the county shall give
   18  written notice to the applicant. The notice must include a
   19  citation to the applicable portions of an ordinance, rule,
   20  statute, or other legal authority for the denial of the permit.
   21  As used in this section, the term “development permit” has the
   22  same meaning as in s. 163.3164. For any development permit
   23  application filed with the county after July 1, 2012, a county
   24  may not require as a condition of processing or issuing a
   25  development permit that an applicant obtain a permit or approval
   26  from any state or federal agency unless the agency has issued a
   27  final agency action that denies the federal or state permit
   28  before the county action on the local development permit.
   29  Issuance of a development permit by a county does not in any way
   30  create any rights on the part of the applicant to obtain a
   31  permit from a state or federal agency and does not create any
   32  liability on the part of the county for issuance of the permit
   33  if the applicant fails to obtain requisite approvals or fulfill
   34  the obligations imposed by a state or federal agency or
   35  undertakes actions that result in a violation of state or
   36  federal law. A county shall may attach such a disclaimer to the
   37  issuance of a development permit and shall may include a permit
   38  condition that all other applicable state or federal permits be
   39  obtained before commencement of the development. This section
   40  does not prohibit a county from providing information to an
   41  applicant regarding what other state or federal permits may
   42  apply.
   43         Section 2. Section 166.033, Florida Statutes, is amended to
   44  read:
   45         166.033 Development permits.—When a municipality denies an
   46  application for a development permit, the municipality shall
   47  give written notice to the applicant. The notice must include a
   48  citation to the applicable portions of an ordinance, rule,
   49  statute, or other legal authority for the denial of the permit.
   50  As used in this section, the term “development permit” has the
   51  same meaning as in s. 163.3164. For any development permit
   52  application filed with the municipality after July 1, 2012, a
   53  municipality may not require as a condition of processing or
   54  issuing a development permit that an applicant obtain a permit
   55  or approval from any state or federal agency unless the agency
   56  has issued a final agency action that denies the federal or
   57  state permit before the municipal action on the local
   58  development permit. Issuance of a development permit by a
   59  municipality does not in any way create any right on the part of
   60  an applicant to obtain a permit from a state or federal agency
   61  and does not create any liability on the part of the
   62  municipality for issuance of the permit if the applicant fails
   63  to obtain requisite approvals or fulfill the obligations imposed
   64  by a state or federal agency or undertakes actions that result
   65  in a violation of state or federal law. A municipality shall may
   66  attach such a disclaimer to the issuance of development permits
   67  and shall may include a permit condition that all other
   68  applicable state or federal permits be obtained before
   69  commencement of the development. This section does not prohibit
   70  a municipality from providing information to an applicant
   71  regarding what other state or federal permits may apply.
   72         Section 3. Subsection (3) of section 24 of chapter 2012
   73  205, Laws of Florida, is amended to read:
   74         Section 24. (3) The holder of a valid permit or other
   75  authorization that is eligible for the 2-year extension must
   76  notify the authorizing agency in writing by October 1, 2013
   77  December 31, 2012, identifying the specific authorization for
   78  which the holder intends to use the extension and the
   79  anticipated timeframe for acting on the authorization.
   80         Section 4. This act shall take effect July 1, 2013.