On September 4, 2017, Governor Scott issued an executive order (number 17-235), declaring a State of Emergency in all Florida counties due to Hurricane Irma. The Executive Order presents an opportunity for Florida developers, environmental permit holders and applicants to extend permit deadlines.
Section 252.363, Florida Statutes, provides that the governor’s declaration of a State of Emergency will toll the expiration of four specific permit types:
1. local government development orders;
2. building permits;
3. FDEP and water management district permits issued pursuant to part IV of Ch. 373, Florida Statutes; and
4. buildout dates for Developments of Regional Impact or “DRIs”
2. building permits;
3. FDEP and water management district permits issued pursuant to part IV of Ch. 373, Florida Statutes; and
4. buildout dates for Developments of Regional Impact or “DRIs”
The expiration of these permit types is tolled until the expiration of the order declaring the state of emergency. Expiration of these permits may also be extended for six months from the date of expiration. Executive Order 17-235 is set to expire on Friday, November 3, 2017. In order for interested permit holders to utilize section 252.363, Florida Statutes, they must notify the agency that issued the permit in writing within 90 days of the termination of the emergency declaration.
Florida developers, environmental permit holders and applicants interested in utilizing section 252.363, Florida Statutes, to extend the expiration of their permits and development orders should notify the issuing agency as soon as possible.
Nason Yeager’s environmental and land use practice team can assist developers, environmental permit holders and applicants in determining whether their permit, building, or development order can be extended and in applying for deadline extensions in accordance with Florida Statutes.
Founded in 1960, Nason, Yeager, Gerson, White & Lioce, P.A., has served businesses and individuals by being a law firm focused on problem solving and strategic client representation. The firm provides a wide array of legal counsel to businesses and individuals throughout Florida and the United States.
For more information regarding the Executive Order, or other matters, please Contact John Fumero or Jack Rice at 561-982-7114, or email us at jfumero@nasonyeager.com.