Coronavirus (COVID-19)

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


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On March 27, 2020, citing a “great risk” to Florida residents relating to external travelers bringing COVD-19 virus to Florida, Governor Ron DeSantis signed Executive Order No. 20-87. The order places severe, but temporary, restrictions on vacation rentals throughout Florida.

By its terms, the duration of the Governor’s order was 14 days, and the temporary restrictions would have expired on Friday, April 10th. However, both Lee County and Governor DeSantis took steps late afternoon on Friday the 10th to extend the prohibition through the end of April 2020 – with Lee County adopting Lee County Emergency Order 20-01, and Gov. DeSantis signing Executive Order 20-103. The substance of both the state and county versions of these orders is virtually identical, and both extend the rental restrictions from April 10th “until April 30, 2020” with the ability to extend by subsequent order(s).

Violations could result in jail time

Under the order, “all parties engaged in rental of vacation rental properties” (as defined in Chapter 509, Florida Statutes) must “suspend operations”. Additionally, new reservations, new bookings, and new guest check-ins are prohibited under the Governor’s order. Violation of the order is a second-degree misdemeanor, which carries a maximum sentence of 60 days in jail.

Are there any exemptions? What if I rent my home to a healthcare worker?


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On April 2, 2020, Governor Ron DeSantis issued Executive Order No. 20-94 (“E.O. 20-94”), which addressed mortgage foreclosure and eviction relief. In the preamble (i.e., the “whereas” section), the Governor recited that the Federal Housing Administration implemented an immediate foreclosure and eviction moratorium for FHA-insured single-family mortgages for at least 60 days, and recited that the Federal Housing Finance Agency similarly directed Fannie Mae and Freddie Mac to suspend foreclosures and evictions for Enterprise-backed single-family mortgages for at least 60 days. Based on those Federal moratoriums, Gov. DeSantis issued E.O. 20-94.

The language of E.O. 20-94 states:

  • Section 1: I hereby suspend and toll any statute providing for a mortgage foreclosure cause of action under Florida law for 45 days.
  • Section 2: I hereby suspend and toll any statue providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by resident tenants due to the COVID-19 emergency for 45 days.
  • Section 3: Nothing in this Executive Order shall be construed as relieving an individual from their obligation to make mortgage payments or rent payments.


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It’s no secret that the COVID-19 epidemic is affecting virtually every sector in some way, shape, or form. The real estate sector is no exception. Although the modern real estate world has slowly moved away from face-to-face deals, there are still aspects of real estate that require some type of face-to-face contact.

How do we keep moving forward while remaining safe and healthy?

With most banks, law firms, and offices closing up to the general public, you may be wondering how to fulfill the time constraints of your contract and how a deal can be closed. In our downtown Fort Myers office, we have set-up a drive-thru conference room for signings.

Discuss the best options and next steps with your real estate attorney. Depending on the contents of your contract and individual situation, a contract extension may be the best option. However, it may also be feasible to continue to closing using the proper resources.

Force majeure clauses


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