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 15-158
Gov. Rick Scott declared a state of emergency on Aug. 6 for the following counties: Dixie, Hillsborough, Pasco, Pinellas and Taylor due to severe weather systems that brought substantial rain and flooding. This state of emergency lasts until Oct. 5, 2015.
Executive Order 15-173
Due to the threat of Tropical Storm Erika, Gov. Scott declared a state of emergency on Aug. 28 for the entire state of Florida. This state of emergency lasts until Oct. 27, 2015.
* * *
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.
Thus, the effect of the governor's two declarations extends permit and other approval dates in Dixie, Hillsborough, Pasco, Pinellas and Taylor counties for 82 days (starting from the first state of emergency declaration and ending with the second), plus six months – for a total extension period of 8 months and 22 days.
The effect of the governor's second declaration extends the permit and other approval dates for all other counties in the state for 60 days while the declaration was 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.
If the extension applies in Dixie, Hillsborough, Pasco, Pinellas and/or Taylor counties, and the permit holder desires to extend the permit for both state of emergency declarations, the authorizing agency must be notified in writing of the intent to use the extension no later than Jan. 2, 2016 for Executive Order 15-158 and no later than Jan. 25, 2016 for Executive Order 15-173.
If the authorization holder lives in counties affected only by Executive Order 15-173, then the authorization holder must notify the authorizing agency in writing of the intent to use the extension no later than Jan. 25, 2016.
Please contact any member of Gunster's environmental and land use practice team for assistance with determining eligibility for the extensions or filing the extension notices required under the legislation.
