There is limited time remaining to claim the 8-month 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, certain permits issued by the Florida Department of Environmental Protection (FDEP), certain permits issued by the various water management districts, 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 effect state-wide for two months and expired on October 27, 2015.
In order to claim 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 an 8-month extension for eligible development orders and 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. Please note that some local governments charge a relatively small fee for this type of extension, but most do not.
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.
