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Governor Scott’s Executive Orders Allow for Extensions of Permits and Authorizations

Posted Thursday, November 19th, 2015

A permit and development order extension opportunity is available until January 25, 2016, as a result of Florida’s declaration of a state of emergency for Tropical Storm Erika.

On August 28, 2015, Governor Scott declared a state of emergency statewide, effective through September 2, 2015, due to Tropical Storm Erika. The Executive Order, 15-173, has two main impacts on permits and authorizations issued pursuant to chapter 252 of the Florida Statutes.

First, under section 252.363, Florida Statutes, the declaration of a state of emergency tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration.
Second, the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for 6 months in addition to the tolled period.

These extensions apply to 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, Florida Statutes.
  • 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.

The holder of the permit or authorization shall notify the issuing authority within 90 days after the termination of the emergency declaration. As noted, the state of emergency was terminated on Oct. 27, 2015, so the deadline for an extension is January 25, 2016. The notice must be in writing and identify the specific permit or authorization to qualify for the extension.

For additional information contact Vinette Godelia.

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