Last year, Florida adopted SB 2156 creating Section 252.363, Florida Statutes (2011), which extends and tolls certain time-frames associated with specified permits and development orders within the geographic area of a governor’s state of emergency declaration.

Have any declarations been issued to date?

Yes. The governor has issued Executive Order (EO) No. 11-128 (as extended by EO Nos. 11-172 and 11-202) declaring a State of Emergency for Florida due to significant drought and wildfire conditions.

To which development orders and permits does this apply?

• The expiration of local government development orders.
• The expiration of building permits.
• The expiration of permits issued by the Florida Department of Environmental

Protection or water management districts pursuant to Part IV, Chapter 373, Florida Statutes.

The build out date of a Development of Regional Impact, including any prior extension granted pursuant to Section 380.01(19)(c).

Which development orders or permits are excluded ?

• A permit or other authorization for a building improvement or development located outside the geographic area of the declaration. This EO covers the entire State of Florida.
• A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
• Those in which the holder of a permit is in significant non-compliance.
• Those subject to a court order specifying a different extension.

What are the benefits?

• Tolls the period remaining to exercise rights under the permit or development order for the duration of the emergency declaration.
• Extends the period remaining to exercise rights under the permit or development order for six (6) months in addition to the tolled period.
• Extends mitigation commencement and completion dates for phased construction projects.