HomeMy WebLinkAboutGREENSPOON MARDER LETTERC
From the desk of.
L I Noreen S. Dreyer, Esq.
Un 0 Building, Suite 200
Greenspoordrdff o%--� -070cl 1 T& Z Central Park Plaza
T T 0 P N E N' S k T L A 141 Port SiAd6ie' Florida 34986
Phone. 772.873.5900
888.491.1120 Fax: 772.873.5959
Direct Phone: 772.B73.59 10
www.gmiaw.com Received BY Direct Fax: 772.873.3110
Planning Division Email: noreen.dreyer@gmlaw.com
January 25, 2012
JAN 2 6- 21112
St. Lucie CountY Via Federal Express
Mr. Mark Saftedee, Director
St. Lucie County Planning & Development Services
2300 Virginia Avenue
Ft. Pierce, FL 34982 SCANNEDPI V E D
BY FEB 2 7 2012
Re: International Airport Business Park St. Lucie County
Public work,
Dear Mr. Safterlee: Lucie county� FL
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 allthorizations.
(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:
I . 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, incJuding 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 wiriting and identify.the specific permit or other authorization
qualifying for extension.
On June 13, 2011, the Govemap-is)sued 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 wildfire's 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, Directc;.'
January25,2012
Page No. 2
5, 2011, the Governor issued Executive Order Number 11-172 extending the declaration -of
r -'f
emergency an additional 60 days from the date of issuance of Executive Order Numbe 11 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-.
Num-bar 11-262 extending Executive Order Number 11-172 for 30-days from the dateaecutive
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,
t.E NSPOON MARDER, P.A.
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 DEO'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