Senate Bill 360 in the Wake of the Recent City of Weston Ruling
October 25, 2010 Elizabeth L. Somerstein Adler, Esq.
On August 26, 2010, the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida (the “Second Circuit”) determined Senate Bill 360 (chapter 2009-96, Laws of Florida) (“SB 360”) to be unconstitutional, and ordered that the Secretary of State expunge the law in its entirety from the official records of the State of Florida.*
While the provisions of SB 360 itself are much larger in scope, this update specifically addresses only the impact of the Second Circuit’s recent ruling on the two-year extensions granted pursuant to SB 360 in light of Senate Bill 1752 (“SB 1752”).
SB 360:
In 2009, the Florida Legislature adopted SB 360; Section 14 therein included a provision granting two-year extensions to, inter alia, local government development orders or building permits that expire between September 1, 2008 and January 1, 2012. This two-year extension also applied to build-out dates including any build-out date extension previously granted under Section 380.06(19)(c), Florida Statutes.
Specifically, Section 14(1) of Senate Bill 360 states in relevant part:
Except as provided in subsection (4), and in recognition of 2009 real estate market conditions, any permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes, that has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of two years following its date of expiration. This extension includes any local government-issued development order or building permit. The two-year extension also applies to build-out dates including any build-out date extension previously granted under Section 380.06(19)(c), Florida Statutes.
As noted above, on August 26, 2010, the Second Circuit held SB 360 to be unconstitutional, and ordered it expunged from the official records of the State of Florida. This ruling, among other repercussions, calls into question the validity of those extensions granted pursuant to SB 360.
SB 1752: Reauthorizing SB 360 Extensions & Providing the Opportunity for Additional Extensions
On May 28, 2010, Governor Crist signed into law SB 1752 (chapter 2010-147, Laws of Florida). Of note, Senate Bill 1752 contains language which, notwithstanding certain conditions, reauthorizes the two-year extensions granted pursuant to SB 360.1
Specifically, Section 46(1)(b) of SB 1752 states in relevant part:
(1) The Legislature hereby reauthorizes:
(b) Any two-year extension authorized and timely applied for pursuant to section 14 of chapter 2009- 96, Laws of Florida [Senate Bill 360].
Further, Section 45 of SB 1752 mirrors the language of SB 360 and provides an additional two-year extension for local government development orders or building permits that expire between September 1, 2008 and January 1, 2012. This two-year extension also applies to build-out dates including any build-out date extension previously granted under Section 380.06(19)(c), Florida Statutes.
Specifically, Section 45 of Senate Bill 1752 provides in relevant part:
(1) Except as provided in subsection (4), a development order issued by a local government, and any permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373, Florida Statutes, which has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of 2 years after its previously scheduled date of expiration.
This 2-year also applies to build-out dates, including any extension of a build-out date that was previously granted under Section 380.06(19)(c), Florida Statutes…This extension is in addition to the 2-year permit extension provided under [Senate Bill 360].
What Does This Mean?
Extensions granted pursuant to Section 14 of SB 360 are possibly still valid: It appears that Section 46 of SB 1752 reauthorized those extensions granted pursuant to Section 14 of SB 360. Thus this potentially alleviates the concern regarding the validity of those extensions, in light of the Second Circuit’s ruling.
Opportunity for additional extensions: Notably, the two-year extension provided pursuant to Section 45 of SB 1752 is in addition to the two-year permit extension provided under SB 360. Thus, SB 1752 appears to provide not only an opportunity for those who have extensions pursuant to SB 360 to garner an additional two-year extension, but also an opportunity to acquire a two-year extension for those who failed to seek one previously pursuant to SB 360. It must be noted, however, that those eligible for the two-year extension must notify the authorizing agency in writing by December 31, 2010, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.
Clarification of applicability: Section 45 of SB 1752 clearly applies to local government development orders in general, as opposed to only those permits issued by the Department of Environmental Protection or a water management district. While the language of Section 14 of SB 360 and Section 45 of SB 1752 are nearly identical, SB 360 was not clear on this point.
If you have questions regarding this topic contact Elizabeth Somerstein, Esq., 954-491-1120, [email protected]
* City of Weston, et al v. Charlie Crist, et al (Case No. 2009 CA 2639). Note: On September 7, 2010, Defendants filed a Motion for Rehearing; Plaintiffs’ responded on September 10, 2010. On September 21, 2010, the Court Ordered Denial of the Motion for Rehearing. A Notice of Appeal was filed on September 21, 2010. City of Weston, et al filed its Notice of Cross-Appeal on October 14, 2010. Additionally, on October 15, 2010, City of Weston, et al filed its Suggestion that the District Court Certify Judgment for Direct Review by the Supreme Court of Florida. No known further action there on has been made as of the date of this E-lert
