[co-author: Theresa Bowley]
HIGHLIGHTS:
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Opportunities to extend permit, authorization and development orders are available as a result of executive orders declaring states of emergency in Florida due to storms and other conditions.
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Because the extensions are available only upon written notice by specific deadlines, permit holders should review their existing permits and development orders promptly to determine whether they are eligible.
In accordance with Section 252.363, Florida Statutes, when the governor declares a state of emergency in Florida, the time to exercise rights under a permit, authorization or development order is tolled and an opportunity to extend a permit is available. Currently, eight executive orders declaring states of emergency have been issued in 2016.
Taking into account overlapping states of emergency, the table below outlines the executive orders issued this year and their relevant deadlines for notices of extension, as well as the time available for extension.
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Executive Order (EO)
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Applicable Counties
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Deadline to Notice
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Extension Available 1
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EO 16-136: Tropical Storm Colin
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Alachua, Baker, Bradford, Brevard, Citrus, Clay, Columbia, Dixie, Duval, Flagler, Franklin, Gilchrist, Hernando, Hillsborough, Jefferson, Lafayette, Lake, Levy, Manatee, Marion, Nassau, Orange, Pasco, Pinellas, Putnam, Sarasota, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla
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Nov. 4, 2016
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60 days + 6 months
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EO 16-142: Pulse Shooting
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Entire State
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N/A
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None 2
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EO 16-149: Zika Virus
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Alachua, Brevard, Broward, Clay, Collier, Duval, Escambia, Hillsborough, Highlands, Lee, Martin, Miami-Dade, Okaloosa, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Santa Rosa, Seminole, St. Johns, Volusia
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Nov. 21, 2016
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17 days + 6 months
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EO 16-155 and 16-156: Algal Blooms
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Lee, Martin, Palm Beach, St. Lucie
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Nov. 26, 2016
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60 days + 6 months
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EO 16-193: Zika Virus (Extended)
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Same as EO 16-149
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Jan. 17, 2017
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57 days 3
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EO 16-205: Tropical Depression 9 (Hermine)
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Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Citrus, Clay, Columbia, Dixie, Duval, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Jackson, Lafayette, Lake, Leon, Levy, Liberty, Madison, Marion, Nassau, Orange, Pasco, Pinellas, Polk, Putnam, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla
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Jan. 29, 2017
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12 days + 6 months
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16-230: Hurricane Matthew
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Entire State
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March 1, 2017
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33 days + 6 months
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Notification for Extension
The holder of the permit or other authorized party must notify the issuing authority of the intent to exercise the tolling and extension. The notice must be in writing and must identify the specific permit or other authorization qualifying for extension. In addition, while the state statute cited above authorizes these extensions, some local governments may require additional information to recognize the extensions for local permits. Consult legal counsel or the applicable local government or permitting authority to discuss the timing and process for filing the required notice.
What This Means for Developers and Lenders
With some exceptions, these extensions apply to local-government-issued development orders (such as rezoning and proportionate share agreements with phasing or expiration dates), concurrency reservations, development permits, Development of Regional Impact development orders and Environmental Resource Permits issued by the Florida Department of Environmental Protection or water management districts. Federal permits, such as authorizations issued by the Army Corps of Engineers, are not covered.
Because the extensions are available only upon written notice by the dates indicated in the above table, permit holders should review their existing permits and development orders promptly to determine whether they are eligible. Lenders for ongoing development projects also may wish to confirm that their borrowers are taking the necessary steps to exercise these extensions.
Clients are urged not to delay in filing the notices required to exercise the extensions. The various extensions may or may not apply to specific development approvals.
Notes
1 Each of these calculations has been reduced by the number of days the state of emergency overlaps.
2 The state of emergency for the entire state expired before EO 16-136. This caused overlaps and negated further opportunities for extensions.
3 Because this is an extension of an existing order, the additional six months is not available.
