Other, non-statute, changes made by HB 7207

In addition to the many direct changes it makes to the Florida Statutes, HB 7207 makes several other significant changes. These changes include:

• Repeal of rules 9J-5 and 9J-11.023, Florida Administrative Code
• Permit extensions
• Addressing pending administrative or judicial proceedings under statute changes
• Existing voter referendum comprehensive plan amendments
• DoT report on calculation of proportionate share contribution
• House bill 7207 effective date

1. Rules 9J-5 and 9J-11.023, Florida Administrative Code, are repealed and are to be removed from the Florida Administrative Code. (§ 72, HB 7207)
2. Permit extensions. See here – Permit Extensions– for the bill language.
   1. Any permit or other authorization that was extended under section 14 of chapter 2009-96, Laws of Florida (as reauthorized by section 47 of chapter 2010-147, Laws of Florida) is extended and renewed for an additional period of 2 years after its previously scheduled expiration date. (§ 73(1), HB 7207)
      1. This extension is in addition to the 2-year permit extension provided under section 14 of chapter 2009-96, Laws of Florida. (§ 73(1), HB 7207)
      2. Permits that were extended by a total of 4 years pursuant to section 14 of chapter 2009-96, Laws of Florida and by section 46 of chapter 2010-147, Laws of Florida, cannot be further extended under this provision. (§ 73(1), HB 7207)
      3. The holder of a valid permit or other authorization that is eligible for the 2-year extension shall notify the authorizing agency in writing by December 31, 2011, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization. (§ 73(3), HB 7207)
   1. This section does not prohibit conversion from the construction phase to the operation phase upon completion of construction. (§ 73(1), HB 7207)
   2. The commencement and completion dates for any required mitigation associated with a phased construction project shall be extended such that mitigation takes place in the same timeframe relative to the phase as originally permitted. (§ 73(2), HB 7207)
   3. Permits extended under this section shall continue to be governed by rules in effect at the time the permit was issued, except if it is demonstrated that the rules in effect at the time the permit was issued would create an immediate threat to public safety or health. This subsection applies to any modification of the plans, terms, and conditions of the permit that lessens the environmental impact, except that any such modification may not extend the time limit beyond 2 additional years. (§ 73(5), HB 7207)
   4. This section does not impair the authority of a county or municipality to require the owner of a property that has notified the county or municipality of the owner’s intention to receive the extension of time granted pursuant to this section to maintain and secure the property in a safe and sanitary condition in compliance with applicable laws and ordinances. (§ 73(6), HB 7207)
   5. The extension does not apply to: (§ 73(4), HB 7207)
      1. A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers. (§ 73(4)(a), HB 7207)
      2. 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. (§ 73(4)(b), HB 7207)
      3. A permit or other authorization, if granted an extension, that would delay or prevent compliance with a court order. (§ 73(4)(c), HB 7207)
3. In recognition of 2011 real estate market conditions, any building permit, and any permit issued by the Department of Environmental Protection or by a water management district pursuant to part IV of chapter 373, Florida Statutes, which has an expiration date from January 1, 2012, through January 1, 2014, is extended and renewed for a period of 2 years after its previously scheduled date of expiration. (§ 79(1), HB 7207)
   1. This extension includes any local government-issued development order or building permit including certificates of levels of service. (§ 79(1), HB 7207)
   2. This section does not prohibit conversion from the construction phase to the operation phase upon completion of construction. (§ 79(1), HB 7207)
   3. This extension is in addition to any existing permit extension. (§ 79(1), HB 7207)
   4. Extensions granted pursuant to this section; section 14 of chapter 2009-96, Laws of Florida, as reauthorized by section 47 of chapter 2010-147, Laws of Florida; section 46 of chapter 2010-147, Laws of Florida; or section 74 of this act shall not exceed 4 years in total. (§ 79(1), HB 7207)
   5. Further, specific development order extensions granted pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be further extended by this section. (§ 79(1), HB 7207)
4. The commencement and completion dates for any required mitigation associated with a phased construction project are extended so that mitigation takes place in the same timeframe relative to the phase as originally permitted. (§ 79(2), HB 7207)
5. The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by December 31, 2011, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization. (§ 79(3), HB 7207)
6. The extension provided for in subsection (1) does not apply to: (§ 79(4), HB 7207)
   1. A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
   2. 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.
   3. A permit or other authorization, if granted an extension that would delay or prevent compliance with a court order.
7. Permits extended under this section shall continue to be governed by the rules in effect at the time the permit was issued, except if it is demonstrated that the rules in effect at the time the permit was issued would create an immediate threat to public safety or health. This provision applies to any modification of the plans, terms, and conditions of the permit which lessens the environmental impact, except that any such modification does not extend the time limit beyond 2 additional years. (§ 79(5), HB 7207)
8. This section does not impair the authority of a county or municipality to require the owner of a property that has notified the county or municipality of the owner’s intent to receive the extension of time granted pursuant to this section to maintain and secure the property in a safe and sanitary condition in compliance with applicable laws and ordinances. (§ 79(6), HB 7207)

• Pending administrative or judicial proceedings.
  1. The state land planning agency, within 60 days after the effective date of this act, shall review any administrative or judicial proceeding filed by the agency and pending on the effective date of this act to determine whether the issues raised by the state land planning agency are consistent with the revised provisions of part II of chapter 163, Florida Statutes. (§ 74(1), HB 7207)
     1. For each proceeding, if the agency determines that issues have been raised that are not consistent with the revised provisions of part II of chapter 163, Florida Statutes, the agency shall dismiss the proceeding. (§ 74(1), HB 7207)
     2. If the state land planning agency determines that one or more issues have been raised that are consistent with the revised provisions of part II of chapter 163, Florida Statutes, the agency shall amend its petition within 30 days after the determination to plead with particularity as to the manner in which the plan or plan amendment fails to meet the revised provisions of part II of chapter 163, Florida Statutes. (§ 74(1), HB 7207)
     3. If the agency fails to timely file such amended petition, the proceeding shall be dismissed. (§ 74(1), HB 7207)
  2. In all proceedings that were initiated by the state land planning agency before the effective date of this act, and continue after that date, the local government’s determination that the comprehensive plan or plan amendment is in compliance is presumed to be correct, and the local government’s determination shall be sustained unless it is shown by a preponderance of the evidence that the comprehensive plan or plan amendment is not in compliance. (§ 74(2), HB 7207)
• A comprehensive plan amendment adopted pursuant to s. 163.32465, Florida Statutes, subject to voter referendum by local charter, and found in compliance before the effective date of this act, may be readopted by ordinance, will become effective upon approval by the local government, and is not subject to review or challenge pursuant to the provisions of s. 163.32465 or s. 163.3184, Florida Statutes. (§ 76, HB 7207)
• The Department of Transportation must develop and submit to the President of the Senate and the Speaker of the House of Representatives, no later than December 15, 2011, a report on recommended changes to or alternatives to the calculation of the proportionate share contribution in s.163.3180(5)(h)3., Florida Statutes. The department’s recommendations, if any, shall be designed to ensure development contributions to mitigate impacts on the transportation system are assessed in predictable, equitable and fair manner and shall be developed in consultation with developers and representatives of local governments. (§ 77, HB 7207)
• House bill 7207 takes effect upon becoming a law (§ 81, HB 7207), which means it is effective now. But local governments, whose comprehensive plan has been found to be in compliance with chapter 163 as it previously existed, generally do not have to amend their plan to implement the new statutory requirements until their required evaluation and appraisal period (there are some exceptions). Any new plan amendments they undertake, however, do have to comply with the new statute requirements. (§163.3161(12), F.S.)