May 17, 2012

Act Now to Secure Your Florida HB 7207 Development Order and Permit Extensions

Greenberg Traurig
Kerri L. Barsh
Reggie L. Bouthillier
Julie P. Kendig-Schrader
Alfred J. Malefatto
Kenneth B. Metcalf
Debbie M. Orshefsky
Greenberg Traurig, LLP
Monday, December 12, 2011
Administrative & Regulatory / Construction Law / Real Estate
Florida
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Earlier this year, we issued a comprehensive GT Alert on The Future of Growth Management in Florida, which reviewed the landmark Community Planning Act (CPA), including options for extending Development of Regional Impact (DRI) development order dates and expiration dates for various types of permits.

Greenberg Traurig is providing this brief reminder that the CPA requires a written notice to be filed with the appropriate governmental authority by December 31, 2011, in order to effectuate eligible extensions. As December 31 is a Saturday, the last business day to timely file the requisite notice is December 30, 2011. Three extension opportunities are authorized by the CPA:

  • Section 380.06(19)(c), F.S., was amended to allow a four year extension of DRI development order dates, including commencement, phase, build out and expiration dates, as well as related mitigation deadlines.
  • Any permit or authorization that was extended pursuant to Section 14 of Ch. 2009-96 as reauthorized by Section 47 of Ch. 2010-147, may be extended and renewed for an additional two years. Permits that were previously extended by four years or more by 2009-96 or 2010-147 (sections 46 and 47) are not eligible.
  • Any building permit, development order, and permit issued by the Florida Department of Environmental Protection (FDEP) or a water management district pursuant to Part IV of Chapter 373, F.S., which has an expiration date between 1/1/2012 and 1/1/2014 may be extended for two years.

Various limitations and conditions affect eligibility for these extensions. These CPA extensions can also be combined with the tolling periods/extensions authorized by SB 2156 as addressed in a previous GT Alert, How Can a State of Emergency Declaration in Florida Benefit Your Land Development Investment?. GT can advise on the optimum approach for combining the extensions to maximize your benefit. If you are a developer or landowner within a DRI or are the holder of a permit/authorization from a local government, FDEP or water management district, you should act now to secure and extend your entitlements if you have not already done so.

©2012 Greenberg Traurig, LLP. All rights reserved.

About the Author

Kerri L. Barsh
Co-Chair, National Environmental and Land Development Practice

Kerri L. Barsh practices environmental compliance including permitting, enforcement and litigation, and land use law.  Kerri has represented public and private clients on environmental issues including mold, hazardous waste regulatory and liability matters; wetlands and coastal permitting; air quality permitting; petroleum product contamination; and other compliance and enforcement matters.

barshk@gtlaw.com
305-579-0772
www.gtlaw.com

About the Author

Reggie L. Bouthillier
Shareholder

Reggie Bouthillier represents private and public sector clients and has a broad range of experience in environmental, land use, land development, real estate, and administrative law. As a leading lawyer in the industry, he counsels clients on complex projects, transactions, and litigation cases, and serves in many matters as a strategic advisor to ensure critical goals and objectives are achieved. Mr. Bouthillier chairs the Tallahassee Environmental and Land Use practice group and has been with the firm for 19 years.

bouthillierr@gtlaw.com
850.222.6891
www.gtlaw.com

Contributors

Julie P. Kendig-Schrader
Shareholder

Julie Kendig-Schrader is a shareholder in the Orlando Office of Greenberg Traurig and was formerly with the South Florida Water Management District Office of Counsel. She has represented both the public and private sector in land use and environmental matters and administrative litigation. Julie also works with clients to create public/private partnerships for infrastructure needs, particularly those related to transportation. With sustainability concerns and initiatives cutting across virtually all sectors of business today, Julie strives to keep her clients ahead of the curve to...

kendig@gtlaw.com
407-418-2417
www.gtlaw.com

About the Author

Alfred J. Malefatto
Shareholder

Al has been practicing environmental, land use and administrative law in Florida since 1980. He has represented Fortune 500 companies, developers, home builders, small businesses, and local governments in a variety of environmental permitting, enforcement and transactional matters, and in all manner of Florida land use proceedings. He leverages his in-depth knowledge and broad experience to keep clients up to date on regulatory trends before regulations are adopted and counsels clients when environmental issues arise. Al is intimately familiar with all aspects of environmental permitting...

malefattoa@gtlaw.com
561-650-7908
www.gtlaw.com

About the Author

Kenneth B. Metcalf
Director of Planning

Kenneth B. Metcalf joined Greenberg Traurig’s Tallahassee office in 2004 as Director of Planning for the Environmental and Land Development Practice group.  Ken has 24 years of professional planning experience in the public and private sector, including 16 years with the Florida Department of Community Affairs.  As Director of Planning, Ken navigates Greenberg Traurig clients through Florida’s complex growth management arena, providing public and private sector clients with innovative solutions and planning strategies across a broad range of planning issues. ...

metcalfk@gtlaw.com
Director of Planning
www.gtlaw.com

About the Author

Debbie M. Orshefsky
Co-Chair, National Land Development Practice

Debbie M. Orshefsky is a shareholder in the Fort Lauderdale office of the international law firm Greenberg Traurig and is Co-Chair of the firm's National Land Development Practice. Her practice is exclusively in the areas of land development and environmental law. Ms. Orshefsky began her career in Washington, D.C. representing developers and local governments before federal administrative agencies in the late 1970s. Upon relocating to Florida in 1980, Ms. Orshefsky gained an intimate knowledge of the land use planning process representing private developers and governmental...

orshefskyd@gtlaw.com
954-765-0500
www.gtlaw.com

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