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Act Now to Secure Your Florida HB 7207 Development Order and Permit Extensions

Earlier this year, we issued a comprehensive GT Alert on The Future of Growth Management in Florida, which reviewed the landmark Community Planning Act (CPA), including options for extending Development of Regional Impact (DRI) development order dates and expiration dates for various types of permits.

Greenberg Traurig is providing this brief reminder that the CPA requires a written notice to be filed with the appropriate governmental authority by December 31, 2011, in order to effectuate eligible extensions. As December 31 is a Saturday, the last business day to timely file the requisite notice is December 30, 2011. Three extension opportunities are authorized by the CPA:

  • Section 380.06(19)(c), F.S., was amended to allow a four year extension of DRI development order dates, including commencement, phase, build out and expiration dates, as well as related mitigation deadlines.
  • Any permit or authorization that was extended pursuant to Section 14 of Ch. 2009-96 as reauthorized by Section 47 of Ch. 2010-147, may be extended and renewed for an additional two years. Permits that were previously extended by four years or more by 2009-96 or 2010-147 (sections 46 and 47) are not eligible.
  • Any building permit, development order, and permit issued by the Florida Department of Environmental Protection (FDEP) or a water management district pursuant to Part IV of Chapter 373, F.S., which has an expiration date between 1/1/2012 and 1/1/2014 may be extended for two years.

Various limitations and conditions affect eligibility for these extensions. These CPA extensions can also be combined with the tolling periods/extensions authorized by SB 2156 as addressed in a previous GT Alert, How Can a State of Emergency Declaration in Florida Benefit Your Land Development Investment?. GT can advise on the optimum approach for combining the extensions to maximize your benefit. If you are a developer or landowner within a DRI or are the holder of a permit/authorization from a local government, FDEP or water management district, you should act now to secure and extend your entitlements if you have not already done so.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume I, Number 346
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About this Author

Kerri Barsh, Greenberg Traurig Law Firm, Miami, Environmental Law Litigation Attorney
Shareholder; Co-Chair, National Environmental Practice

Kerri L. Barsh is Co-Chair of the firm’s Environmental Practice and represents public and private clients on an array of environmental regulatory, permitting and litigation matters, including transactional support and due diligence, environmental assessment and liability matters, energy and infrastructure projects, wetlands and coastal permitting, complex land use projects, air quality matters, hazardous materials contamination, and other compliance and enforcement cases.

Concentrations

  • Environmental compliance...

305-579-0772
Julie Kendin-Schrader, Greenberg Traurig Law Firm, Orlando, Environmental Law Attorney
Shareholder

Julie P. Kendig-Schrader represents both the public and private sector in land use and environmental matters and administrative litigation. She works with clients to create public/private partnerships for infrastructure needs, particularly those related to transportation. With sustainability concerns and initiatives cutting across virtually all sectors of business today, Julie strives to keep her clients ahead of the curve to maximize opportunities and minimize unnecessary costs and risks.

Prior to joining the firm, Julie was with the South...

407-418-2417
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