Governor's Executive Orders Present Opportunities To Extend Expiration Of Development Permits
Authored By: Reggie L. Bouthillier, Shareholder, Tallahassee and Jacob T. Cremer, Associate, Tampa and Kenneth B. Metcalf, AICP, Director of Planning, Tallahassee.
Two recent executive orders present opportunities for development permit holders across Florida to extend the expiration of some permits. On August 6, 2015, Governor Scott declared an emergency due to severe flooding in Hillsborough, Pasco, Pinellas, Dixie, and Taylor Counties. On August 28, 2015, Governor Scott declared an emergency across the state due to the impending arrival of Tropical Storm Erika.
Section 252.363, Florida Statutes, provides that the declaration of a state of emergency by the Governor tolls the expiration of certain permits during the emergency, and it also extends the expiration of those permits for another six months. Any phases of these permits are also extended. Generally, permits that are extended are governed by the laws, administrative rules, and ordinances in effect when the permit was issued. Four types of permits are eligible:
- a development order issued by a local government, which includes a wide variety of local government approvals that permit development activities;
- a building permit;
- a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373;
- and the buildout date of a development of regional impact.
Our Land Development, Zoning & Environmental team can assist clients in analyzing whether permits qualify for an extension and in preparing appropriate notifications. For more information, please contact Reggie Bouthillier, Jake Cremer, and Ken Metcalf.