State of emergency extension affects timeline of permits, development orders

On June 25, 2012, Governor Rick Scott declared a state of emergency for the entire state of Florida under Executive Order 12-140 due to Tropical Storm Debby.

The declaration of a state of emergency by the governor extends permits and other approval dates for 60 days while the declaration is in effect, plus an additional six months (unless the declaration is further extended).

The Executive Order will expire on August 24, 2012.

Of particular importance is the obligation to notify the authorizing agency no later than 90 days following the expiration of the emergency declaration.

This means that to qualify for the extension, the authorization holder should notify the authorizing agency in writing no later than November 20, 2012 of the intent to use the extension.

Please consult legal counsel for assistance with determining eligibility for these extensions or for help filing the required extension notices.

Pursuant to Florida Statute 252.363, the declaration of a state of emergency applies to the following:

  1. The expiration of a development order issued by a local government.
  2. The expiration of a building permit.
  3. The expiration of a permit issued by the DEP or a water management district pursuant to part IV of Chapter 373, Florida Statutes.
  4. The buildout date of a DRI including any extension of a buildout date that was previously granted pursuant to Section 380.06(19)(c), Florida Statutes.
  5. The commencement and completion dates for mitigation associated with a phased construction project to allow the mitigation to occur in the same period of time relative to the extended phase.

The statute does not apply to:

  1. A permit or other authorization associated with a project located outside the geographic area of the state of emergency (Executive Order 12-140 applies to the entire state).
  2. U.S. Army Corps of Engineers permits.
  3. Any permit or authorization that is not in compliance with its conditions as set forth in a warning letter or other notice of violation from the authorizing agency.
  4. A permit or other authorization subject to a court order that specifies an expiration or buildout date in conflict with the extensions granted by the statute.

Reminder: Extension also available under House Bill 503 environmental regulation

As a reminder, HB 503 (effective July 1, 2012) authorizes a two-year extension for certain permits.

A developer or landowner who is eligible for this extension must notify the authorizing agency in writing by December 31, 2012, of the intent to use the extension.

Get more info: Reminder of permit extension available under HB 503 environmental regulation

This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

Established in 1925, Gunster is one of Florida’s oldest and largest full-service law firms. The firm’s clients include international, national and local businesses, institutions, local governments and prominent individuals. Gunster maintains its presence in Florida with offices in Fort Lauderdale, Jacksonville, Miami, Palm Beach, Stuart, Tallahassee, Tampa, Vero Beach and West Palm Beach. Gunster is home to more than 165 attorneys and 200 committed support staff, providing counsel to clients through 18 practice groups including banking & financial services; business litigation; construction; corporate; environmental & land use; government affairs; health care; immigration; international; labor & employment; leisure & resorts; private wealth services; probate, trust & guardianship litigation; professional malpractice; real estate; securities and corporate governance; tax; and technology & entrepreneurial companies. Gunster is ranked among the National Law Journal’s list of the 250 largest law firms.

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