Updated:  March 2, 2016

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 six (6) months.

To qualify for the extension, a written notification of intent must be submitted to the agency that authorized the permit within ninety (90) days of the termination of the emergency declaration.

Important Executive Order

Executive Order 16-30 (Heavy Rainfall)

On February 3, 2016, the Governor also issued Executive Order 16-30 declaring a SOE due to Heavy Rainfall as a direct result of an unusually strong El Niño weather pattern in the Eastern Pacific Ocean. The SOE is applicable to Broward, Collier, Glades, Hendry, Lee, Martin, and Palm Beach Counties.

Executive Order 16-30, expired by its own terms on February 18, 2016, fifteen (15) days from the date the SOE was declared. Therefore, to qualify for an extension under this SOE, a written notification of intent must be submitted to the agency that authorized the permit before May 18, 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;
  • Buildout dates of a development of regional impact (“DRI”), including any extension of a buildout date that was previously granted pursuant to section 380.06(19)(c), Florida Statutes; and
  • Commencement and completion dates for required mitigation in phased developments.

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