When the Governor of Florida declares a state of emergency via Executive Order, Florida law delays and extends the expiration dates of certain permits. Stearns Weaver Miller has launched a web-based tool that tracks Executive Orders declaring states of emergency so you may research whether opportunities exist to extend the expiration of your 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.
This tool launches as Governor Scott issues Executive Order 17-146, declaring a state of emergency across Florida in response to the nationwide opioid epidemic identified by the Centers for Disease Control and Prevention. Governor Scott also recently issued Executive Order 17-120, which declared a state-wide state of emergency due to wildfires that have burned through an estimated 126,000 acres, and Executive Order 17-115, which addressed areas affected by the Zika virus.
These three executive orders, all issued within a three-week period, present developers with the option to extend certain permits under Florida Statute. It is important to track these executive orders to ensure that notice letters are filed by the required deadline.
There are four types of permits that may qualify for the extension opportunities presented by these three 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. Other DRI dates may also be eligible for extension based on related statutes. 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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