title
SB 360 DEVELOPMENT ORDER AND BUILDING PERMIT EXTENSIONS (B)
Ordinance No. 0-09-54
An Ordinance of the City of Gainesville, Florida, establishing administrative procedures, fees, requirements and limitations to carry out the development order and building permit extensions authorized by Senate Bill 360, now known as Chapter Law No. 2009-96; providing a severability clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
On June 1, 2009, the Governor signed Senate Bill 360 entitled the "Community Renewal Act" ("SB360") into law. Among other things, SB360 provides for a two-year extension of City issued development orders and building permits that have an expiration date of September 1, 2008 through January 1, 2012, if the holder requests the extension on or before December 31, 2009.
Due to the broad and imprecise language of SB360, there is much debate throughout the state regarding the interpretation of many provisions within SB360, including the permit extension language. In addition, a lawsuit has been filed in Leon County, Florida, by a coalition of local governments challenging the constitutionality of SB360.
Given the differences of opinion and uncertain outcome of the litigation, City staff presented draft procedures and fees for the administration of the extensions at a Special Meeting City Commission Meeting held on July 28, 2009, and recommended that the City Commission adopt same by ordinance. The City Commission approved the recommendation authorizing the City Attorney to draft and the Clerk of the Commission to advertise an ordinance.
Since that meeting, City staff has received and considered comments from the public on the draft procedures and fees. In addition, on August 12, 2009, City staff met with a representative of the building and business community and the mutually agreeable revisions were incorporated into this ordinance. A req...
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