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Governor Scott’s Executive Order Impacts Environmental Resource Permits

Posted Tuesday, June 26th, 2012

Contact – Amelia Savage

On June 25, 2012, Governor Scott declared a state of emergency due to Tropical Storm Debby. Executive Order 12-140 is effective statewide and expires on August 24. The emergency order has two main impacts on applications or permits issued pursuant to chapter 373, Florida Statutes.

The first is discussed directly in the emergency order. State agency heads have the “authority to abrogate the time requirements, notice requirement, and deadlines for final action on applications for permits, licenses, rates, and other approvals…” Any time requirements that have not expired as of June 25 (the date of the executive order) are “suspended and tolled to the extent needed to meet this emergency.” Executive Order, page 7.

The second impact is pursuant to section 252.363, Florida Statutes. Due to the executive order, permits issued pursuant to part IV of chapter 373, and which would otherwise expire, are extended by virtue of the executive order until February 25, 2013 (the 60 days the order is effective for, plus an additional 6 months). In order to take advantage of this provision, the permittee is required to notify the permitting agency in writing by November 22, 2012 (90 days after termination of emergency order).

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