July 9, 2012 –
Reminder of permit extension available under HB 503 environmental regulation

As a reminder, HB 503 (effective July 1, 2012) authorizes a two-year extension for certain permits.

A developer or landowner who is eligible for this extension must notify the authorizing agency in writing by December 31, 2012, of the intent to use the extension.

The extension available under HB 503 applies to the following:

1. building permits;
2. local government development orders, including level of service certificates;
3. permits issued by the DEP or a water management district pursuant to part IV of Chapter 373, Florida Statutes; and – is
4. the commencement and completion dates for mitigation associated with a phased construction project to allow the mitigation to take place in the same period of time relative to the phase.

This extension only applies to the above-mentioned approvals and dates that have an expiration date from January 1, 2012 – January 1, 2014, and is in addition to any prior extensions, including the state of emergency extension discussed above.

However, extensions to permits or local government development orders granted in 2009 to 2012, and the four-year DRI extensions granted under Section 380.06(19)(c)2, Florida Statutes, cannot exceed four years in total.

Note that the above extension does not apply to the following:

1. U.S. Army Corps of Engineers permits.
2. Any permit or authorization that is not in compliance with its conditions as set forth in a warning letter or other notice of violation from the authorizing agency.
3. A permit or authorization that, if granted an extension, will delay or prevent compliance with a court order.

Please do not hesitate to call Gunster’s environmental and land use practice for assistance with determining eligibility for these extensions or for help filing the required extension notices.