On October 3, 2016, Governor Scott issued Executive Order 16-230 declaring a state of emergency throughout the entire State of Florida, due to the threat posed by Hurricane Matthew. This is one of several emergency declarations issued by the Governor over the past several months for various storms and other events. Additional information on other extensions can be found here.

Florida Statute 252.363 provides an extension for permits and authorizations when the Governor declares a state of emergency, effective within the area covered by the emergency declaration. With some exceptions, the extension applies to expiration of local-government-issued development orders, building permits, DEP, and water management district permits pursuant to part IV of chapter 373 and to DRI build-out dates.

The emergency declaration tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration and extends the deadline for the permit or authorization for an additional 6 months beyond the tolled period. While multiple extensions may be applicable to some projects under the current executive orders, overlapping tolling periods cannot be double-counted. Care must therefore be taken in calculating the total amount of time available under the various extensions.

Within 90 days after the termination of the emergency declaration, the holder of the permit or authorization must provide written notice to the issuing authority of the intent to exercise the tolling and extension granted. The notice must identify the specific permit or other authorization qualifying for extension.