Governor Scott’s Executive Order Allows for Extension of Permits and Authorizations in All Florida Counties

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On October 3, 2016, Governor Scott issued Executive Order 16-230, declaring a state of emergency in all 67 Florida counties in anticipation of the impacts of Hurricane Matthew, effective through December 2, 2016. The Executive Order authorizes an extension of certain development permits and authorizations that would otherwise expire.

The Governor’s Executive Order has two main impacts on permits and authorizations issued in Florida. First, under section 252.363, Florida Statutes, the declaration of a state of emergency tolls the time remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration. Second, the emergency declaration extends the time remaining to exercise the rights under a permit or other authorization for six months beyond the tolled period.

The following permits and authorizations are eligible for an extension:

  • 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, Florida Statutes; and
  • 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.

In order to exercise the extension, the holder of the permit or authorization must notify the issuing authority within 90 days of termination of the emergency declaration. The notice must be in writing and should identify the specific permit or authorization to qualify for the extension. Executive Order 16-230 terminates on December 2, 2016.

Executive Order 16-230 is the latest in a series Governor Scott has issued over the past six months. Earlier this summer, Governor Scott issued Executive Order 16-136, declaring a state of emergency in 34 Florida counties in anticipation of impacts from Tropical Storm Colin; Executive Orders 16-155 and 16-156, declaring a state of emergency in 4 Florida counties resulting from toxic algae blooms; and Executive Orders 16-205 and 16-206, declaring an emergency in anticipation of impacts from Hurricane Hermine in 51 Florida counties.

For additional information, and to learn how these Executive Orders could potentially apply to your project, please contact Gary Hunter or Vinette Godelia.