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New Legislation Addresses SB 360 Challenge and Provides Additional Opportunity for Approval Extensions by Valerie Hubbard
Akerman Senterfitt - Miami Office
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July 2, 2010
Previously published on June 18, 2010
On May 28, 2009, Governor Crist signed into law SB 1752, chapter 2010-147, Laws of Florida. In addition to a wide variety of economic development incentive provisions, the bill contains language which, under certain conditions, “reauthorizes” actions taken in reliance on last year’s controversial SB 360 (chapter 2009-96, Laws of Florida) in the event that SB 360 is struck down under the pending lawsuit filed by several local governments. The lawsuit, if successful, could have invalidated transportation concurrency areas authorized by SB 360 and subsequently incorporated into comprehensive plans. It could also have raised questions regarding the status of numerous permit extensions granted under SB 360 and relied upon by the applicants. Finally, a successful challenge could have created enormous issues for developments that have proceeded outside the development of regional impact (DRI) process, based on the DRI exemption areas created by the bill.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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