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.
When Florida Statute § 252.363 is triggered by a state of emergency, it will provide extensions for:
- development orders issued by a local government;
- building permits;
- permit from the Department of Environmental Protection or Water Management District according to part IV of chapter 373;
- permit from Department of Environmental Protection or Water Management District according to part II of chapter 373 for land subject to a development agreement under §3220–163.3243 in which the permittee and the developer are the same or a related entity; and
- buildout date for a development of regional impact, including an extension of a buildout date that was previously granted according to Florida Statute 380.06(7)(c).
Florida Statute § 252.363 does not provide extensions for:
- permit or other authorization under a programmatic or regional general permit issued by Corp of Engineers;
- permit or authorization for building or development outside geographic area where the state of emergency applies;
- permit with a holder who is deemed to be in significant noncompliance by the relevant agency or through warning or violation letter; and
- permit or authorization that’s subject to court order specifying expiration or buildout date that conflicts with statute.
If a permit or development order qualifies for extension, the right must be exercised within 90 days of the state of emergency expiring. The holder must notify the authority that issued the permit of its intent to exercise its right to the extension. The notice must be in writing and identify the relevant permits or authorizations that qualify. Further, each agency or authorizing organization may have different processes for filing a written notice for extension. It is recommended to first call the agency who issued the permit and ask what their specific procedures are for filing.
The current state of emergency, if not extended, will expire on November 22nd, 2022. Therefore, a person must deliver written notice to the correct agency no later than February 20th, 2023. While this is the deadline, filing a few days early is recommended to avoid processing issues.