This year Florida adopted SB 2156 creating Section 252.363, Florida Statutes (2011) (the “Act”), which extends and tolls certain time-frames associated with specified permits and development orders within the geographic area of a Governor's state of emergency declaration.
Have any declarations been issued to date?
Yes. The Governor has issued Executive Order (EO) No. 11-128 (as extended by EO Nos. 11-172 and 11-202) declaring a State of Emergency for Florida due to significant drought and wildfire conditions.
To which development orders and permits does this apply?
- The expiration of local government development orders.
- The expiration of building permits.
- The expiration of permits issued by the Florida Department of Environmental Protection or water management districts pursuant to Part IV, Chapter 373, Florida Statutes.
- The buildout date of a Development of Regional Impact, including any prior extension granted pursuant to Section 380.01(19)(c).
Which development orders or permits are excluded ?
- A permit or other authorization for a building improvement or development located outside the geographic area of the declaration. This EO covers the entire State of Florida.
- A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
- Those in which the holder of a permit is in significant non-compliance.
- Those subject to a court order specifying a different extension.
What are the benefits?
- Tolls the period remaining to exercise rights under the permit or development order for the duration of the emergency declaration.
- Extends the period remaining to exercise rights under the permit or development order for six (6) months in addition to the tolled period.
- Extends mitigation commencement and completion dates for phased construction projects.