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Home My WebLink AboutGREENSPOON MARDER LETTERS6A—� I From the desic of-. Noreen S. Dreyer, Esq. Unity One Building, Suite 200 Greenspookrhf clsol 145 N.W. Ce - ntral Park Plaza TTO R N E YS AT L A "t Pori'§t�16cie,'Floricla 34986 Phone: 772.873.5900 888.491.1120 Fax: 772.873.5959 www.gmiaw.com Realved By Direct Phone: 772.873.59 10 Direct Fax: 772.873.3 1 10 Planning Division Email: noreen.dreyer@gmiaw.com January 25, 2012 JAN 2 6 201Z - St. Lucie CoUntY Via Federal Express Mr. Mark Safterlee, Director St. Lucie County Planning & Development Services -1=1 -munco won-1 -is 2300 Virginia Avenue SCANNED sypoM ollqnd Ft. Pierce, FL 34982 BY LIZ 834 Re: International Airport Business Park St. Lucie County C13AI-339U Dear Mr. Safterlee: Section 494 of Chapter 2011-142, Laws of Florida, (SB 2156, 2011 Session) creates Section 252.363, Florida Statutes, and provides in part: 252.363 Tolling and extension of permits and other authorizations. (1)(a) The declaration of a state of emergency by the Governor tolls the period remaining to exercise the rights under a permit or other authorization for the duration * of the emergency declaration. Further, the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for 6 months in addition to the tolled period. This paragraph applies to the following: 1 . The expiration of a development order issued by a local government. 2. The expiration of a building permit. 3. The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373. 4. The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted pursuant to s. 380.06(19j(c). (b) Within 90 days after the termination of the emergency declaration, the holder of the permit or other authorization shall notify the issuing authority of the intent to exercise the tolling and extension granted under paragraph (a). The notice must be in writing and identify,the specific permit or other authorization qualifying for extension. On June 13, 2011, the Governomil-S)Ued Executive Order Number 11-128. Executive Order Number 11-128 declared a state of emergency for 60 days throughout the entire State because the ongoing danger of wildfires threatened the State with a major disaster. On August Miami I Ft. Lauderdale I Orlando I Tallahassee I W. Palm Beach I Boca Raton I Stuart I Port St. Lucie I Naples 1 Aventura 8222703.2 _-�r. Mark Satterlee, Directo,- January 25, 2012 Page No. 2 5, 2011, the Governor issued Executive Order Number 11-172 extending the declarati-on of emergency an additional 60 days from the date of issuance of Executive Order Number 11-172, or until October 4, 2011. Because Executive Order Number 11-172 was issued a week before Executive Order Number 11-128 expired and because the additional 60 day state of emergency runs from the date Executive Order Number 11-172 was issued, the period tolled by those two Executive Orders is 113 days. On October 4, 2011, the Governor issued Executive Order Number 11-202 extending Executive Order Number 11-172 for 30 days from the date Executive Order Number 11-202 was issued, or until November 3, 2011. The total time tolled and extended by Section 494 of Chapter 2011-142, Laws of Florida, and the Governors three Executive Orders is 143 days and 6 months.' This correspondence is sent on behalf of International Airport Business Park of St. Lucie County, LLC, and serves as the required notice that the Major Site Plan approval for the project known as International Airport Business Park andU3-Q[Iai-i3-gw.P ,qTMiti!q,�U-ffi U,9170—ig-r-050902;031-01ca are extended 143 days and 6 months pursuant to Section 494 of Chapter -1 - Krida, Executive Order Number 11-128, Executive Order Number 11-172 and Executive Order Number 11-202. Pursuant to PDS No. 10-020 recorded at Official Record Book 3251, Page 1533 of the Public Records of St. Lucie County, the expiration date for the Ma'or Site Plan a rovall for the ro'ect was previously August 16, 2013. Pursuant to this notice rov 'Or' ro xpl! t10 th expiFatio - 5t 1 6 201 Building Permit NumberstO 1 a�n 090 01 io at -E� 0 x ugu� Ws noti now �e P902-f -09V usly e pired on A si ,Qj1, LUiously expired on August 16, 2013 and pursuant to this notice now expire on . Please provide us with written confirmation that the new expiration date is now July 6, 2014. Enclosed is a check in the amount of $500.00 for the County's required fee. If you have any questions concerning this matter, please feel free to contact me at your convenience. Thank you for your cooperation in this matter. Very truly yours, QOE NSPOON MARDER, P.A. \V� Y �VPL�(T V Noreen S. Dreyer, Esq. For the Firm NSD/pw Enclosure: Check No. 1139 cc: Gabriel Volante 1 This calculation is based on our belief that Section 494 of Chapter 2011-142 is remedial in nature and should be considered a remedial statute. The Florida Department of Economic Opportunity ("DEO") has interpreted Section 494 of Chapter 2011-142, Laws of Florida, to allow only 126 days as the tolled period. Should the County agree with DEC's interpretation, then this notice is modified to reflect the calculation of the time extension to be 126 days and 6 months. 2 Pursuant to DEC's interpretation, the new expiration date of the Major Site Plan Approval and Building Permit Numbers 0807-0168, 0807-0170, and 0902-0109 would be June 19, 2014. 8222703.2 k I Greenspoordrder !Fsc)-� - o F70 ', T T 0 R N E Y S A T L A VV 888.491.1120 www.gmlaw.com January 25, 2012 Re(*ived By Planning Division SAN 2 6 _W2- St. Lucie County Mr. Mark Safterlee, Director St. Lucie County Planning & Development Services 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: International Airport Business Park Dear Mr. Safterlee: From the desk ofi Noreen S. Dreyer, Esq. Unity 0 Building, Suite 200 1 45 N.�W Central Park Plaza Port�§iAd6e, Florida 34986 Phone: 772.873.5900 Fax: 772.873.5959 Direct Phone: 772.873.59 10 Direct Fax: 772.873.3110 Email: noreen.dreyer@gmiaw.com Via Federal Express WaL �- FEB 2 7 2012 Public Works St. Lucie County, FIL Section 494 of Chapter 2011-142, Laws of Florida, (SB 2156, 2011 Session) creates Section 252.363, Florida Statutes, and provides in part: 252.363 Tolling and extension of permits and other authorizations. (1)(a) The declaration of a state of emergency by the Governor tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration. Further, the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for 6 months in addition to the tolled period. This paragraph applies to the following: 1 . The expiration of a development order issued by a local government. 2. The expiration of a building permit. 3. The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373. 4. The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted pursuant to s. 380.06(19)(c). (b) Within 90 days after the termination of the emergency declaration, the holder of the permit or other authorization shall notify the issuing authority of the intent to exercise the tolling and extension granted under paragraph (a). The notice must be in writing and identify.the specific permit or other authorization qualifying for extension. On June 13, 2011, the Goverrmo-i ued Executive Order Number 11-128. Executive Order Number 11-128 declared a state of emergency for 60 days throughout the entire State because the ongoing danger of wildfires threatened the State with a major disaster. On August Miami I Ft. Lauderdale I Orlando I Tallahassee I W. Palm Beach I Boca Raton I Stuart I Port St. Lucie I Naples I Aventura 8222703.2 Mr. Mark Satterlee, Directu. January 25, 2012 Page No. 2 5, 2011, the Governor issued Executive Order Number 11-172 extending the declaration ..of emergencyan additional 60 days from the date of issuance of Executive OrderNumber 11-1-72, or until October 4, 2011. Because Executive Order Number 11-172 was issued a week before Executive Order Number 11-128 expired and because the additional 60 day state of emergency runs from the date Executive Order Number 11-172 was issued, the period tolled by those two Executive Orders - is 113 days. On October 4, 2011, the -Governor--issued-Executive- Order- - Number 11-262 extending Executive Order Number 11-172 for 30 days from the date Executive Order Number 11-202 was issued, or until November 3, 2011. The total time tolled and extended by Section 494 of Chapter 2011-142, Laws of Florida, and the Governor's three Executive Orders is 143 days and 6 months.' This correspondence is sent on behalf of International Airport Business Park of St. Lucie County, LLC, and serves as the required notice that the Major Site Plan approval for the project known as International Airport Business Park and Building Permit Numbers 0807-0168, 0807- 0170, and 0902-0109 are extended 143 days and 6 months pursuant to Section 494 of Chapter 2011-142, Laws of Florida, Executive Order Number 11-128, Executive Order Number 11-172 and Executive Order Number 11-202. Pursuant to PDS No. 10-020 recorded at Official Record Book 3251, Page 1533 of the Public Records of St. Lucie County, the expiration date for the Major Site Plan approval for the project was previously August 16, 2013. Pursuant to this notice the new expiration date is July 6, 2014. Building Permit Numbers 0807-0168, 0807-0170, and 0902-0109 previously expired on August 16, 2013 and pursuant to this notice now expire on July 6, 2014 .2 Please provide us with written confirmation that the new expiration date is now July 6, 2014. Enclosed is a check in the amount of $500.00 for the County's required fee. If you have any'questions concerning this matter, please feel free to contact me at your convenience. Thank you for your cooperation in this matter. Very truly yours, GjntENSPOON MARDER, P.A. V Noreen S. Dreyer, Esq. For the Firm NSD/pw Enclosure: Check No. 1139 cc: Gabriel Volante 1 This calculation is based on our belief that Section 494 of Chapter 2011-142 is remedial in nature and should be considered a remedial statute. The Flodda Department of Economic Opportunity ("DEO") has interpreted Section 494. of Chapter 2011-142, Laws of Florida, to allow only 126 days as the tolled period. Should the County agree with DEC's interpretation, then this notice is modified to reflect the calculation of the time extension to be 126 days and 6 months. 2 Pursuant to DEO's interpretation, the new expiration date of the Major Site Plan Approval and Building Permit Numbers 0807-0168, 0807-0170, and 0902-0109 would be June 19, 2014. 8222703.2