On July 31, 2017, Governor Scott issued Executive Order No. 17-204 declaring a State of Emergency due to Tropical Storm Emily. The emergency declaration is for 60 days and will expire on September 29, 2017. Florida Statute 252.363 allows for the extension of the termination dates of certain land development approvals for the duration of any State of Emergency Declaration, plus an additional 6 months. Therefore, Executive Order No. 17-204 allows qualifying land development approvals within certain Florida counties to be extended by 8 months.
Which Counties Qualify for Land Development Approval Extensions?
Executive Order No. 17-204 applies to the following Counties: Brevard; Broward; Charlotte; Citrus; Collier; Desoto; Glades; Hardee; Hendry; Hernando; Highlands; Hillsborough; Indian River; Lake; Lee; Manatee; Martin; Miami-Dade; Monroe; Okeechobee; Orange; Osceola; Palm Beach; Pasco; Pinellas; Polk; Sarasota; Seminole; St. Lucie; Sumter; and Volusia.
Does Florida Statute 252.363 Affect My Permit?
Florida Statute 252.363 applies to (a) the expiration of a development order issued by a local government, (b) the expiration of a building permit, (c) the expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of F.S. Chapter 373, or (d) the buildout date of a development of regional impact, including the extension of a buildout date that was previously granted pursuant to F.S. 380.06(19)(c). The right to extend does not apply to (a) a permit or authorization for a building, improvement or development located outside the geographic area for which the state of emergency applies, (b) a permit or authorization under any programmatic or regional general permit issued by The Army Corps of Engineers, (c) the holder of a permit which is in significant non-compliance with the permit conditions as set forth in a warning letter, notice of violation or enforcement action, or (d) a permit or authorization that is subject to a court order specifying an expiration or buildout date that would be in conflict with the extensions allowed by the statute.
How to Extend Approvals after the State of Emergency Declaration
The right to extend applicable development approvals must be exercised within 90 days of the termination of the emergency declaration. In order to exercise the right to extend the development approval, the holder of the permit or approval must notify the issuing authority of its intent to exercise the extension in writing and identify the specific permit or authorization qualifying for the extension. Therefore, assuming that the current state of emergency declaration expires on September 29 and is not further extended by the Governor, the permit holder must exercise its right to extend by delivering a letter to the permitting authority no later than December 28, 2017 (however, we recommend that you do not wait until the last minute to apply).
About the Author:
Lee Dobbins is a shareholder in the Fort Pierce office of Dean Mead. He practices in the areas of zoning, land use and commercial real estate transactions and is a member of the firm’s Real Estate Development team. He represents property owners in the acquisition and development of land, including negotiating complex purchase contracts, due diligence, financing, title issues, closings and obtaining zoning and land use and site plan approvals from the local municipalities. If you need assistance in exercising your right to extend the termination date of a permit or approval, or have questions about the extension right, please contact Lee Dobbins, at LDobbins@DeanMead.com.