Gunster's environmental law & land use practice

Florida law provides for extensions of time for certain permits and other authorizations in the event of a declaration of a state of emergency by the governor.

Executive Order 17-120

Following the recent wildfires across the state, Florida Governor Rick Scott declared a state of emergency on April 11 for the entire state of Florida.

This state of emergency lasts until June 10, 2017.

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Florida Statute 252.363 provides for the extension of certain permit or other authorization expiration dates for the period of the emergency declaration, plus an additional six months.

The effect of the governor’s declaration extends the permit and other approval dates for all counties in the state for 60 days while the declaration is in effect, plus six months, for a total extension period of 8 months.

What’s covered; what’s not

The extension of time applies to:

  • Development orders issued by a local government.
  • Building permits.
  • Permits issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373, Florida Statutes.
  • The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted pursuant to s. 380.06(19)(c), Florida Statutes.
  • The commencement and completion dates for any required mitigation (so that mitigation activities occur within the same timeframe relative to the phase as originally permitted).

The extension of time does not apply to:

  • Permits or other authorizations for a building, improvement, or development located outside the geographic area for which the declaration of a state of emergency applies.
  • Permits issued by the U.S. Army Corps of Engineers.
  • Any permittee not in compliance with the conditions of a permit or authorization as set forth in a warning letter or other notice of violation from the authorizing agency.
  • Permits or other authorizations subject to a court order specifying an expiration date or buildout date that would be in conflict with the extensions granted by the statute.

Obligation to notify

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

The authorization holder must notify the authorizing agency in writing of the intent to use the extension no later than Sept. 8, 2017.

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Please contact any member of Gunster’s environmental and land use team for assistance with determining eligibility for the extensions or filing the extension notices required under the legislation.

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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.

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