Governor Extends Dates for Development Orders
Would you benefit from an extended time period to comply with development deadlines? If so, now is your time to act. On September 4, 2017, Governor, Rick Scott issued an Executive Order declaring a State of Emergency for the entire State of Florida due to Hurricane Irma. Florida Statutes provide for an extension of time for certain development permits when the Governor declares a state of emergency, effective within the area covered by the emergency declaration. With some exceptions, the extension applies to development orders (such as rezoning and proportionate share agreements with phasing or expiration dates), building permits, Developments of Regional Impact build-out dates, and Environmental Resource Permits issued by the Florida Department of Environmental Protection or water management districts. These extensions do not apply to federal permits. The emergency declaration stops the clock from running on the expiration date of a permit or development order until the state of emergency is lifted and extends the deadline for an additional 6 months.
To exercise tolling and extension rights provided for in the Statute, the permit holder must provide written notice to the issuing authority within 90 days of the termination of the emergency declaration. Therefore, to take advantage of the time extension, written notice must be submitted to the issuing governmental entity by May 31, 2018. While it is clear that the State Statute implements the extension, local governments handle the extension process differently and in some instances may require further processing time to recognize the extensions for local permits.