We previously notified our clients of a development order and building permit extension opportunity that arose as a result of the State of Emergency issued by Governor Scott for the Zika virus. Now, holders of development orders and building permits will have another opportunity to claim an even longer extension. On October 3, 2016, Governor Scott issued Executive Order 16-230 declaring a State of Emergency in advance of Hurricane Matthew. Under Florida Law, that State of Emergency affords holders of development orders and building permits an extension for up to eight additional months. Holders that wish to claim an extension as a result of the States of Emergency issued for both the Zika virus and Hurricane Matthew should notify the issuing government agency by January 13, 2017. Holders that wish only to utilize the extension available due to the Hurricane Matthew State of Emergency should notify the issuing government agency by March 2, 2017.
State law provides for the tolling and extension of expiration dates based on declared States of Emergency for the duration of the emergency plus 6 months. Florida Statutes Section 252.363 details what permits, development orders, and approvals are and are not potentially eligible for extension. The State of Emergency declared for Hurricane Matthew exists in every county in the State of Florida.