There is limited time remaining to claim the extension referenced below under the state wide Emergency Order issued by Governor Scott. The opportunity to claim the extension will end on January 25, 2016. Should you have a permit or other approval that qualifies for the extension and would like assistance in submitting a Notice of Extension, please contact any member of the firm's Government Approvals & Land Use Group.
If there's any good news in a hurricane or tropical storm,
this is it: an officially declared state of emergency that allows
permit-holders to extend their permits, as well as certain other
government authorizations. Not only are permits and other
authorizations extended for the length of the emergency but for an
additional six months thereafter. The extension may apply to
the expiration date of a development order (which is broadly
defined and includes subdivision plans, PD zoning approvals in many
jurisdictions, capacity reservation determinations and many other
local government approvals), building permits, permits issued by
the Florida Department of Environmental Protection (FDEP) or the
water management district, and the buildout date of a development
of regional impact - including any extension of a previously
granted buildout date.
Governor Scott issued Executive Order 15-173 on August 28,
2015, declaring a state of emergency due to Tropical Storm Erika
(later upgraded to Hurricane Erika). The state of emergency was in
effective state-wide and expired on October 27, 2015.
Section 252.363, Florida Statutes, provides, in part, that permits and other authorizations are extended for the length of the state of emergency and for an additional six months thereafter. The extension applies to the expiration date of a development order, building permits, permits issued by the FDEP or the water management district pursuant to Part IV, Chapter 373, Florida Statutes, and the buildout date of a development of regional impact, including any extension of a buildout date that was previously granted pursuant to Section 380.06(19)(c), Chapter 380, Florida Statutes.
In order to request a permit extension, a permit holder or its authorized agent must provide written notice to the permitting agency of its intent to extend the permit or development order within 90 days following the expiration of the state of emergency. Therefore, permit holders may give notice of a 6 month, 60 day extension for eligible permits on or before January 25, 2016 under Executive Order 15-173. The extension notice must identify the specific permit or other authorization qualifying for the extension.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
