HIGHLIGHTS:

  • 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.
  • 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.

Executive Order (EO)

Applicable Counties

Deadline to Notice

Extension Available 1

EO 16-136: Tropical Storm Colin

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

Nov. 4, 2016

60 days + 6 months

EO 16-142: Pulse Shooting

Entire State

N/A

None 2

EO 16-149: Zika Virus

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

Nov. 21, 2016

17 days + 6 months

EO 16-155 and 16-156: Algal Blooms

Lee, Martin, Palm Beach, St. Lucie

Nov. 26, 2016

60 days + 6 months

EO 16-193: Zika Virus (Extended)

Same as EO 16-149

Jan. 17, 2017

57 days 3

EO 16-205: Tropical Depression 9 (Hermine)

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

Jan. 29, 2017

12 days + 6 months

16-230: Hurricane Matthew

Entire State

March 1, 2017

33 days + 6 months

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. Holland & Knight can assist clients in identifying which extensions apply and in providing the required notifications to the appropriate agencies.