In 2011, Florida enacted section 252.363, Florida Statutes, a law which grants certain permits and authorizations an extension for the amount of time a declared state of emergency was in effect, plus an additional 6 months.
Important Executive Orders
Following Governor Scott’s recent declarations of emergency, many throughout Southwest Florida now have an opportunity to extend the expiration dates of their permits. On August 28, 2015, following the threat of Tropical Storm Erika, Governor Scott declared a state of emergency in Executive Order 15-173 which applied to the entire state of Florida and will last until October 27, 2015. Previously, on August 6, 2015, Governor Scott had also declared a state of emergency for Dixie, Hillsborough, Pasco, Pinellas, and Taylor Counties that will last until October 5, 2015.
What does this mean for you?
In order to qualify for the extension, a written notification of intent must be submitted to the agency that authorized the permit within 90 days of the termination of the emergency declaration. Thus, under Governor Scott’s statewide declaration of emergency, permit holders (in most counties, including Lee and Collier) must submit their notice of intent to extend their permit no later than January 25, 2016. Under the declaration of emergency applicable only to Dixie, Hillsborough, Pasco, Pinellas, and Taylor Counties, permit holders should submit their notice of intent to the agency that authorized the permit no later than January 2, 2016.
Will the extension apply to your permit?
It is important to note that the extension of time is only available for certain permits. The extension covers the following:
- development orders issued by a local government;
- building permits;
- permits issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373, Florida Statutes;
- 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), Florida Statutes; and
- the commencement and completion dates for required mitigation in phased developments.
If you are a permit holder in Florida and believe that you may benefit from this provision of the Florida Statutes, please do not hesitate to call Henderson Franklin’s Land Use and Environmental Law Department at (239) 344-1100.
Photo Courtesy of George Vnoucek under Flickr Creative Commons