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

Posted Monday, August 31st, 2015

On July 25, 2015, Governor Scott declared a state of emergency, effective through August 3, 2015, due to severe weather systems affecting the following counties: Citrus, Dixie, Hernando, Hillsborough, Levy, Pasco, Pinellas, and Taylor. Governor Scott declared a second state of emergency for the entire State of Florida, effective on August 3, 2015 through September 2, 2015, due to Tropical Storm Erika. The Executive Orders, 15-138 and 15-173, have 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. 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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