On April 2, 2020, Governor DeSantis signed Executive Order 20-94, which placed a moratorium on mortgage foreclosure actions, as well as residential eviction actions related to the non-payment of rent. The purpose of the moratorium was to provide targeted, temporary relief to Floridians in the wake of the COVID-19 pandemic. Since Executive Order 20-94 was enacted, three additional orders were signed by Governor DeSantis in order to extend the stay.

Most recently, on July 29, 2020, Governor DeSantis signed Executive Order 20-180, which extended the foreclosure and eviction moratorium through September 1, 2020. However, the new order made substantial changes to limit the types of cases that are covered by the moratorium.

Changes to the stay on mortgage foreclosures

Previously, all mortgage foreclosure cases were suspended, regardless of the reason the foreclosure action was filed. In contrast, under the new order, the foreclosure stay only extends to “single-family mortgagors adversely affected by the COVID-19 emergency”, and only for cases where the default is directly tied to non-payment.

Continue Reading Important Update Regarding Florida’s Moratorium on Evictions and Foreclosures

Under Section 252.363, Florida Statutes, 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.

Types of Permits that Qualify

Continue Reading New Executive Orders Provide Further Statutory Extension Opportunities for Florida Development Approvals

Statutory Authority for State of Emergency Extensions in Florida

As explained in our earlier blog posts, Section 252.363, Florida Statutes, provides that certain qualifying permits and authorizations can obtain extensions following a declared State of Emergency for the amount of time the declaration was in effect, plus an additional six months.

In order to obtain an extension under the statute, the applicant must submit a written request to the authorizing agency within 90 days after the State of Emergency has expired.

The State of Emergency for Heavy Rainfall Has Expired

Continue Reading Once Again, Now is the Time to Extend your Permits in Lee County

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)

Continue Reading Heavy Rainfall Provides New Opportunity for Permit Extensions in Southwest Florida

clock via George Vnoucek Flickr Creative CommonsIn 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?

Continue Reading The clock is ticking if you want a permit extension under this Florida law

iStock_000000854455XSmall.jpgTropical Storm Debby may have wreaked havoc for most Floridians, but there may be a rainbow after the storm that some permit holders can appreciate. When Governor Scott declared a state of emergency because of the storm by Executive Order, it triggered the permit extension provisions adopted by the Florida Legislature in its 2011 session, codified in F.S. 252.363.

This statute provides that the declaration of a state of emergency by the Governor tolls the period remaining for a permit or certain other authorizations for the duration of the emergency declaration (here, until August 24, 2012). Further, the emergency declaration extends the period for an additional 6 months on top of tolled period for the following:

  • The expiration of a development order issued by a local government.
  • The expiration of a building permit.
  • The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373.
  • The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted pursuant to s. 380.06(19)(c).

The permit holder must provide written notification to the permitting agency within 90 days after the termination of the state of emergency of its intent to exercise the tolling period and identify the specific permit(s) subject to the extension. In this instance, the notification period will expire November 21, 2012.

It is important to note that this extension does not apply to:

  • A permit or other authorization for a building, improvement, or development located outside the geographic area for which the declaration of a state of emergency applies.
  • A permit issued by the Army Corps of Engineers.
  • A permit or other authorization determined by the authorizing agency to be in significant noncompliance with the conditions of the permit through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or an equivalent action.
  • A permit or other authorization that is subject to a court order specifying an expiration date or buildout date that would be in conflict with the extensions granted in this section.
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At its upcoming Special Meeting on November 8, the Lee County Commission will consider several changes to facilitate repairs to buildings damaged by Hurricane Ian.  The Local Planning Agency (LPA) will consider and make a recommendation on the proposed changes at its meeting on November 7.

The most significant changes involve how the “50% Rule” will be calculated.  The 50% Rule, required by FEMA as part of the National Flood Insurance Program (NFIP), states that repairs to damaged structures cannot exceed 50% of the value of the building unless the structure is brought into full compliance with current flood regulations, including minimum finished floor elevations.

Continue Reading Lee County to Consider Changes to 50% Rule to Facilitate Hurricane Ian Repairs

construction defectFlorida’s construction industry has been one of the biggest beneficiaries of the COVID-19 pandemic. Whether it is newly constructed homes or renovations to existing homes, the construction industry has weathered the need for residential construction with surprising strength. However, the boom of new construction projects has accompanied an uptick in litigation concerning construction problems, such as design defects, poor workmanship and code violations.

What is a Chapter 558 Notice?

Florida’s Legislature enacted Chapter 558 (“Ch. 588”), known as the construction defect statute, to promote communication between the parties and potentially resolve disputes without the need for litigation to combat the marked increase in court filings.

A property owner alleging a construction defect must provide the contractor, subcontractor, supplier, design professional, and others with written notification of the alleged defect(s) at least 60 days before filing a lawsuit, describing that defect in “reasonable detail.”

Upon receipt of a Ch. 558 Notice, contractors may forward “downstream” notices to subcontractors, suppliers or design professionals whom it reasonably believes is responsible for each defect specified in the notice of claim, noting the specific defect and party responsible.

What qualifies as a construction defect?

A “construction defect” is defined by Florida Statute 558 as any deficiency arising from the construction of a property from the installation of defective material; the work performed results in building code violations; and/or the property’s design is flawed or deviates from the industry standards.

What happens after a contractor receives a Ch. 558 Notice?

Continue Reading FAQ: Construction Defects and Florida Statute 558

Gated CommunityThe 2021 Florida Legislative session, which ended on April 30, 2021, was an active one for proposed community association legislation.

The following community association-related bills have either been signed into law or have passed the House and Senate and are pending signature by Governor DeSantis, with anticipated effective dates provided: Continue Reading 2021 Florida legislative session brings significant changes to community association laws

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During the COVID-19 pandemic, most of us have been forced to incorporate greater use of technology to conduct our business. For many associations, some tasks have been done for the first time using electronic technologies, such as video meetings under the exceptions permitted by the board’s emergency powers.

Conducting business by electronic means can increase efficiency and save paper, money, and storage space. Now that we are all getting used to conducting more business solely by solely electronic means, boards and managers may be wondering what they can do under the law to continue to use technology to operate their associations under “normal” circumstances. Here are some reminders of what is permitted under the Florida Statutes.

Meeting Notices

E-mail can be used to provide meeting notices only for owners who have consented in writing to accept notices by electronic means and who have provided an email address for that purpose. Meeting notices must also still be posted in a conspicuous place on the property if otherwise required. In addition to mailing, hand delivering or e-mailing notices, an association may adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and agenda on a closed-circuit cable television system serving the association. If used, the broadcast notice and agenda must be broadcast in a manner and sufficient length of time so as to allow an average reader to observe, read and comprehend the entire content.

Websites

Continue Reading Incorporating Electronic Technology Into Association Operations