Search results for: State of Emergency

Listen to this post

On October 3, 2016, in response to a five-day forecast from the National Hurricane Center for Hurricane Matthew, a major storm which is expected to impact large portions of the east coast, the Governor issued Executive Order Number 16-230 declaring a 60 day State of Emergency throughout every Florida county.

Legal Authority for State of Emergency Permit Extensions

As explained in prior blog posts, Section 252.363, Florida Statutes, provides that certain qualifying permitees are entitled to extensions following a declared State of Emergency for the amount of time the declaration was in effect, plus an additional six (6) months. In order to obtain such an extension under this statute, permitees are required to submit a written notification to the appropriate authorizing agency (i.e., City, County, Florida Department of Environmental Protection (FDEP), or Water Management District) within 90 days after the State of Emergency has expired.

Development Permits Eligible for State of Emergency Permit Extensions

Continue Reading Development Approvals in All Florida Counties Eligible for Extensions under State of Emergency Declared for Hurricane Matthew

Listen to this post

Executive Order 16-155

On June 29, 2016, the Governor issued Executive Order Number 16-155, declaring a State of Emergency throughout Martin and St. Lucie Counties due to the increased number of algae blooms from the Lake Okeechobee discharges. In this Executive Order, the Governor states:

[t]he Obama Administration unreasonably failed to budget for adequate maintenance and speedy rehabilitation of the Herbert Hoover Dike, resulting in frequent discharges of harmful water from Lake Okeechobee to the St. Lucie and Caloosahatchee Rivers and estuaries.”

The Governor explained that the release of these waters has caused an increase in algae blooms that have been dominated by Mycrosystis, an algae that can produce harmful toxins.

Executive Order 16-156

Continue Reading Lee County Included in a State of Emergency Declaration for Algae Blooms from Lake Okeechobee

Listen to this post

First, as a follow up to a previous blog post regarding the Governor’s recent Executive Orders for the Zika virus and Heavy Rainfall, there are two important corrections.

A “Public Health Emergency” was Declared for the Zika Virus in Executive Order 16-29, not a “State of “Emergency”

Only a “State of Emergency” may be used to extend permits under Section 252.363, Florida Statutes.   There is no corresponding right under a “Public Health Emergency.” Therefore, no extension of permits will be issued in connection with the “Public Health Emergency” declared in connection with the Zika Virus.

The Heavy Rainfall SOE Has Been Extended 15 days (Executive Order 16-43)

On February 18, 2016, the same day that the Heavy Rainfall SOE was set to expire, the Governor issued Executive Order 16-43 extending the declaration made in Executive Order 16-30 an additional fifteen (15) days.

Continue Reading Updates on Executive Orders for Heavy Rainfall, Zika Virus and Governor Declares a New State of Emergency (“SOE”) for Lake Okeechobee Discharges

Listen to this post

Henderson Franklin was honored to sponsor 2021 Market Trends, which took place on March 9, 2021, with speakers Randy Thibaut, founder of Land Solutions, Inc., Denny Grimes, President of Denny Grimes & Team at Keller Williams Realty, and Stan Stouder, founding partner of CRE Consultants, LLC. The presentation discussed the real estate market over the last year in Southwest Florida. The following provides a summary of the event and what the speakers forecast the market to look like in the coming year. The report focused on three areas of the market: new construction, the resale sector, and commercial real estate.

Overall, 2020 saw sluggish growth in the first part of the year, as the initial stages of the COVID-19 pandemic injected fear into the market. The second half of the year saw tremendous rebounds in the residential sector. These rebounds were largely due to increasingly stringent and long-lasting shutdowns in Northern states, which brought thousands of new homebuyers to Southwest Florida.

New Construction Residential Market

In terms of the new construction market, 2020 saw an initial dip in the early part of the year, but, overall, the total number of new building permits amongst Lee, Collier and Charlotte counties increased an average of 16% across the board. Charlotte County saw the most growth with a 28% increase in new building permits.

Individual communities are also seeing tremendous growth. Leading the way in Southwest Florida was Babcock Ranch with 533 new building permits issued to various builders in 2020. However, prices for new construction, along with rent prices, rose throughout 2020, indicating that supply cannot match demand.

Continue Reading The State of Southwest Florida Real Estate – A Recap of 2021 Market Trends

Listen to this post

Permit Extensions for Emergency Declarations

Pursuant to Florida Statute 252.363, the Governor’s declaration of a state of emergency tolls the period remaining to exercise rights under a permit or other authorization, essentially extending the life of the permit or authorization.

The expiration date of the permit or authorization is tolled for the duration of the emergency declaration plus an additional six months, and applies to the following:

  • development orders issued by a local government;
  • building permits;
  • permits issued by the Department of Environmental Protection or a water management district; and
  • the buildout date of a development of regional impact.

On March 9, 2020, Governor DeSantis issued Executive Order 20-52 declaring COVID-19 a public health emergency. Such declaration triggers the provisions of Florida Statute 252.363 and allows extensions of the permits and authorizations mentioned above.

Requests for extensions must be submitted to the appropriate permitting authority within 90 days after the emergency declaration has expired. Executive Order 20-52 is set to expire on May 8, 2020, unless further extended.

Suspension of Mortgage Foreclosures and Evictions

Continue Reading COVID-19: Real Estate Updates Halfway Through the Stay-at-Home Order

Listen to this post

As 2016 closes, we reached out to our team and asked them to share some of the most notable issues in real estate and land use & environmental law:

Residential Closing Best Practices Requirements

2016 saw the CFPB regulations and Best Practices requirements move into high gear with respect to financed residential closings. Lenders, attorneys, and title companies have invested a lot of time and money coming into compliance. However, the results of the national election, along with the ruling in the case, PHH Corporation v. CFPB, are causing these players to question whether any, or all, of the CFPB lending regulations will be done away with. For now, Melissa Murphy, Senior Vice President and General Counsel of the Attorney’s Title Fund, suggests slowing down on making significant investments in Best Practices, while continuing to make sure to comply carefully with RESPA, Section 8(c) requirements as to affiliated business arrangements until we see what happens in 2017.

Condo & HOA: Fire Sprinkler Retrofitting

As the year winds down to an end, the opportunity for condominium associations to opt-out of fire sprinkler retrofitting is also coming to a close. The subject of fire sprinkler retrofitting proved to be a hot topic during the course of the year, due in part to communications put out by the Florida Division of Condominiums regarding the applicability of the obligation to retrofit, which left many associations who thought they were exempt confused as to whether they were subject to retrofitting, whether they should conduct an opt-out vote, and the implications of such a vote. This resulted in an abundance of frantic calls to association attorneys who were also dismayed and left to wonder whether the Division would clarify its statement. Thankfully, the Division did correct its communications, but the ordeal emphasized the importance and benefits of having a qualified association attorney on hand in crucial situations such as this.

2016 Significant Foreclosure Decisions by Shannon Puopolo

Foreclosure filings continued to decline in 2016. Notwithstanding, some significant foreclosure decisions came out this year. Below is my “Top 3” List:

  • The Florida Supreme Court affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., holding that where an initial foreclosure lawsuit is dismissed by the court, such dismissal does not trigger the application of the 5-year statute of limitations, which would otherwise preclude a lender from filing a second action. Rather, the court held the lender is only prevented from suing on installment payments that are more than 5 years old.
  • The Eleventh Circuit Court of Appeals held in Failla v. Citibank, N.A. that where debtors file a statement of intent to surrender their residence in Chapter 7 bankruptcy, they must also waive any defenses or counterclaims raised in a pending state court foreclosure action.
  • The Fourth District Court of Appeal held in Ober v. Town of Lauderdale-by-the-Sea that the lis pendens statute does not discharge liens that are recorded and based on conduct which occurs after the date of the final judgment of foreclosure, even if such liens attach to the real property prior to the date of the foreclosure sale.

Land Use Law

It was an exciting year for land use and environmental law at both a state and local level. On January 21st, CS/CS/SB 552 was enacted to comprehensively address issues such as Everglades restoration. In response to threats like the Lake Okeechobee algae blooms and the Zika virus, the Governor declared several States of Emergency which led to permit extensions. Recently, a supermajority of Florida voters approved one of the two renewable energy measures establishing a constitutional ad valorem tax exemption for solar power. Locally, Lee County residents approved a non-binding referendum for Lee County’s land acquisition and stewardship program, “Conservation 20/20.”

On behalf of the Real Estate and Land Use team at Henderson Franklin, we wish you and yours a very Happy Holiday season and New Year. Please enjoy our 2016 e-card benefitting the Golisano Children’s Hospital of Southwest Florida:

Listen to this post

Following two recent incidents, a new emergency rule has been enacted in Florida to ensure that the public, local governments and the Department of Environmental Protection (“DEP”) are notified by all responsible parties following a pollution incident.

Background

On August 28, 2016, Mosaic Fertilizer (“Mosaic”) notified DEP of suspected damage to a gypsum stack liner located at its New Wales Concentrate Plant, which ultimately created a sinkhole that released processed water into the underlying groundwater. While DEP responded to the site within 24 hours to assess potential response actions, the public did not learn of the issue until three weeks later. Also, although DEP reports indicated that no contamination had migrated off-site and therefore no public notification was required under the applicable Florida regulations, many residents remained concerned about the mere possibility of off-site contamination and the timeliness of Mosaic’s public notice.

Thereafter, on September 7, 2016, unauthorized discharges of domestic wastewater were released into Tampa Bay by facilities operated by the City of St. Petersburg, in Pinellas County. Similar to the Mosaic sinkhole, the public and environmental stakeholders expressed concerns about the accuracy and timeliness of information provided to the public by City officials.

Governor Order’s New Emergency Rule

Continue Reading Florida Enacts New Emergency Rule in Response to Mosaic Sinkhole and Pinellas County Sewage Spills

Listen to this post

The Florida Department of Transportation is studying State Road 29 in order to determine the need for transportation improvements in Immokalee. FDOT is taking a look at State Road 29 from Oil Well Road in Collier County to State Road 82 and considering four alternatives designed to reduce truck traffic in downtown Immokalee, improve regional connections, improve emergency evacuation capabilities, support future population growth, improve safety, and improve the economy.

One alternative that FDOT is considering involves widening State Road 29. Two other alternatives FDOT is considering are by-pass corridors to avoid impacting downtown Immokalee. The fourth alternative that FDOT is considering is a “no build” alternative.

As shown in FDOT’s March 2014 Project Development & Environment Study newsletter, FDOT will host a public workshop from 5:00 pm to 7:00 pm on Thursday, April 3, 2014 at Immokalee One-Stop Career Center, 750 South 5th Street, Immokalee, Florida. Members of the public are welcome to attend to review project information, aerial photographs, and a video.  In addition, the public will have an opportunity to ask questions and discuss the project with FDOT representatives.

Stay turned to our blog for further developments!

Listen to this post

Hurricane Ian made direct landfall in Southwest Florida, destroying thousands of homes and buildings. The destruction will now require the mobilization of hundreds of contractors in the construction industry. Unfortunately, a tragedy like Hurricane Ian will also attract a number of unlicensed contractors who will try and take advantage of desperate victims trying to rebuild their homes and businesses.

As Southwest Florida starts the rebuilding phase, here are a few things residents should be aware of:

Before you hire a contractor, ask to see their state-issued license

Whether you need roof repairs or mold-related services, you want to ensure the person you hire is licensed and insured. The definition of “contractor” under Section 489.105, Florida Statutes, requires that any person who seeks to

construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure” must have a license.

Allowing an unlicensed contractor to perform work on your property puts you at risk of liability and could cost you more in the end. Generally, unlicensed contractors do not have workers’ compensation and liability insurance. As a result, the property owner may be liable for any injuries that occur on site.

You may check your contractor’s license by going to www.myfloridalicense.com.

Unlicensed contracting is a felony

In Florida, unlicensed contracting is generally charged as a first-degree misdemeanor, with penalties of up to one year in jail or 12 months of probation, and a $1,000.00 fine.

Continue Reading Unlicensed Contractors: What You Need to Know

Listen to this post

As a result of Hurricane Ian, permits and development orders may qualify for an extension. According to Florida Statute § 252.363, when a governor declares a state of emergency permits can be extended for the duration of the state of emergency. Additionally, permits will be extended six months after the state of emergency expires.

Executive Order 22-218, which declared a state of emergency, was made effective on September 23rd, 2022, and if it is not extended, it will expire 60 days after its announcement, which is November 22nd, 2022.

First, it is important to note which counties are affected by this state of emergency. Initially, Executive Order 22-218 declared a state of emergency for a list of specific counties. But, on September 24th, 2022 Governor Desantis issued Executive Order 22-219 expanding the state of emergency from the specific counties originally listed to the entire state of Florida.

Continue Reading Due to Hurricane Ian, Florida development orders and permits qualify for extensions