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Landowners and developers across Florida now have multiple opportunities available to extend their development approvals using the Governor’s Executive Orders. Section 252.363, Florida Statutes, provides for the automatic tolling and extension of certain development orders and permits where the Governor declares a state of emergency. To take advantage of these tolling and extension opportunities, the permit holder must opt in by providing written notice to the permitting authority within 90 days of the expiration of the state of emergency.
Currently, there are two expired Executive Orders available to extend development approvals. On November 7, 2022, Governor DeSantis declared a state of emergency in 34 counties due to Hurricane Nicole. The Hurricane Nicole Executive Order was later amended to include the entire State of Florida and later to exclude Bay County. The deadline to submit an extension request with the permitting authority for Hurricane Nicole is November 11, 2024. On January 9, 2024, Governor DeSantis declared a state of emergency in 49 counties due to tornadoes in North Florida. The deadline to submit an extension request with the permitting authority for the North Florida Tornadoes is October 3, 2024.
There are several other active Executive Orders that will provide additional extension opportunities once they expire:
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