Governor Scott’s Executive Orders Allow for Extension of Permits and Authorizations in 36 Florida Counties
On June 6, 2016, Governor Scott declared a state of emergency in 34 Florida counties in anticipation of the impacts of Tropical Storm Colin, effective through August 5, 2016. On June 29, 2016, Governor Scott declared a second state of emergency in two Florida counties because of toxic algae blooms related to discharges from Lake Okeechobee, effective through August 28, 2016. The Executive Orders authorize an eight month extension of certain development permits and authorizations that would otherwise expire.
Permits and authorizations may be extended in the following 36 counties: Alachua, Baker, Bradford, Brevard, Citrus, Clay, Columbia, Dixie, Duval, Flagler, Franklin, Gilchrist, Hernando, Hillsborough, Jefferson, Lafayette, Lake, Levy, Manatee, Marion, Martin, Nassau, Orange, Pasco, Pinellas, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwanee, Taylor, Union, Volusia, and Wakulla.
The Governor’s Executive Orders, 16-136 and 16-155, have 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 build-out 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 16-136 terminates on August 5, 2016, and Executive Order 16-155 terminates on August 28, 2016.