As we start a new year, let's hope for a quiet 2019 hurricane season. The active 2018 hurricane season resulted in several emergency declarations, including emergency declarations related to blue-green algal blooms and red tide conditions. The 90-day clock is now ticking to file notices to toll and extend expiration dates for local government development orders and certain types of permits based on Hurricanes Maria, Florence and Michael (only certain counties) and red tide conditions (only certain counties). Depending on location, your project may be eligible for benefits from some or all of these declarations that terminated within the last two months. The first filing deadline for Executive Order 18-253 expires on February 11, 2019.

I. Eligibility

Section 252.363(1)(a), Florida Statutes, provides that the declaration of a state of emergency by the Governor tolls the time period remaining to exercise rights under a permit or other authorization for the duration of the emergency declaration and allows for an additional six month extension to these time periods for each such declaration. These benefits apply to:

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; and 
4. The buildout date of a development of regional impact, including any extension of a buildout date previously granted pursuant to s. 380.06(7)(c), F.S. and related mitigation.

Extending a permit is not always a simple matter. The calculation of the tolling periods may be complicated, particularly when multiple Executive Orders apply to a permit and require adjustments to account for overlapping toll periods. For DRIs, Chapter 380. F.S., provides opportunities to extend other related dates, such as DRI expiration dates. Also, depending on the circumstances, it may be possible to revive a development order or permit that was due to expire during an emergency declaration.

Act now to secure tolling and extension benefits prior to the expiration of the 90-day notice periods for each of the applicable declarations that recently terminated. Stearns Weaver Miller has launched a web-based tool that tracks Executive Orders so you may research opportunities to extend the expiration of permits.

Executive Order Permit Extension Tracker

Our Land Development, Zoning & Environmental Team assists clients in analyzing eligibility and maximizing the benefits as described in this alert based on your unique circumstances. For more information, please contact us.