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Are State of Emergency Time Extensions Available for the COVID-19

Are State of Emergency Time Extensions Available for the COVID-19

Are State of Emergency time extensions available for the COVID-19 public health emergency after 2019 legislative changes to Section 252.363, F.S? The short answer is YES.

The COVID-19 outbreak and subsequent public health emergency order raised some uncertainty with regard to its effect on Permits and Development Order (“DO”) extensions. The Legislature last year limited extensions based upon emergency executive orders to only those which were due to “natural” emergencies. That COVID-19 qualifies as a natural emergency has been recently recognized by  the Department of Business and Professional Regulations (DBPR) which confirms that the Governor’s Executive Order #20-52 (issued March 9, 2020) qualifies for the tolling and expiration date extensions provided in Florida Statutes Section 252.363. With the proper notice to the issuing authority, those dates may be tolled for the duration of the emergency and extended for an additional six months.

That first Executive Order (and a number of others that followed) expires after 60 days unless extended. Our team is tracking this state of emergency as it progresses and will continue to provide meaningful updates on our website, as appropriate. During this period of unprecedented uncertainty, our Land Use, Development and Environmental team would be happy to assist you and relieve some of that uncertainty with regard to your development permits. During these challenging times, we stand together with you as clients and neighbors in our commitment to our community’s well being and success.

Please contact one of our Land Use, Development and Environmental Attorneys at (239) 334-2195 or via email if there is any way we can help remove some of that uncertainty.

Land Use, Development and Environmental Attorneys: