Governor’s Declaration of Emergency Triggers New Opportunity for Permit Extensions
Governor Scott signed Executive Order 12-140 this week, declaring a state of emergency due to the severe weather of Tropical Storm Debby. The declaration is effective statewide and will expire on Friday, August 24, 2012, unless otherwise extended. Permits and other authorizations are extended for the duration of the emergency plus an additional six (6) months thereafter (Sunday, February 24, 2013 in this case), pursuant to Section 252.363 of the Florida Statutes.
The following authorizations are eligible for the extension:
• The expiration date of a development order;
• Building permits;
• Permits issued by the Florida Department of Environmental Protection or the water management district pursuant to Part IV, Chapter 373 of the Florida Statutes; and
• The build out date of a Development of Regional Impact.
This includes any extension of a build out date that was previously granted pursuant to Section 380.06(19)(c), Chapter 380 of the Florida Statutes. The permit holder or its authorized agent is required to notify the permitting agency in writing within 90 days after termination of the emergency declaration (on or before Thursday, November 22, 2012 in this case) of its intent to seek a permit extension. It is also important to note that it is not uncommon for executive orders declaring a state of emergency to be extended beyond their original termination dates (e.g., The Declaration of Emergency due to wildfires on June 13, 2011 under Executive Order 11-128 was extended for a total of 90 days under Executive Order #110172 (August 5, 2011) and #11-202 (October 4, 2011)) and each extension of the state of emergency creates an occasion for a permit holder or its authorized agent to further extend eligible permits and other authorizations.
Should you have a permit or other approval that qualifies for this new extension opportunity and would like assistance in submitting the written notification, please contact any member of the firm’s Land Use and Local Government practice area.