As Floridians braced for Tropical Storm Emily, Governor Scott issued Executive Order 17-204 on July 31, 2017. The Executive Order declares a state of emergency in 31 central and south Florida counties. This and several other recent Executive Orders present opportunities to extend the expiration of qualified development permits. One of these opportunities, for Hurricane Matthew, comes to a close soon and should be evaluated quickly.
When the Governor declares a state of emergency in this way, Florida law delays and extends the expiration dates of certain permits. Stearns Weaver Miller has launched a web-based tool that tracks these Executive Orders so you may research opportunities to extend the expiration of permits. This first-of-its-kind tool explains what kinds of permits may qualify for extensions, identifies the most recent Executive Orders, and depicts the counties to which they apply.
There are four types of permits that may qualify for the extension opportunities presented by these and prior executive orders:
- A development order issued by a local government.
- A building permit.
- A permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373.
- A DRI's build-out date.
Extending a permit is not a simple matter. The calculation of the expiration delay and extension periods may be complicated, especially when multiple Executive Orders apply to a permit. Moreover, one must properly notify the permitting agency in writing within 90 days of the expiration of the state of emergency in order to claim the extension.
Our Land Development, Zoning & Environmental Team can assist clients in analyzing whether permits qualify for an extension, calculating expiration delay and extension periods, and preparing notifications. For more information, please
contact us.
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