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Additional Opportunity for Increased Extension of Building Permits and Development Orders

Interested parties must notify issuing governmental agency by September 7th to receive a new extension

Due to Governor Scott’s recent expansion of the State of Emergency issued for the Zika Virus, holders of permits and development orders have another opportunity to toll the period remaining to exercise rights under the permit or order for nearly 18 months. Section 252.363 of the Florida Statutes permits a tolling of development orders and permits upon the declaration of a state of emergency by the Florida Governor. The statute provides that the tolling lasts throughout the state of emergency, plus an additional six months.

On June 23, 2016, Governor Scott declared a State of Emergency in response to the Zika Virus. Because each declared state of emergency can last for only 60 days, the Governor has since extended the Zika Virus State of Emergency now five times, with the most recent extension occurring on April 10, 2017. Thus, the total duration of the Zika Virus State of Emergency is 351 days.

Because the Florida Statute authorizes the tolling of development orders for six months in addition to the duration of the state of emergency, the total extension available for the Zika Virus State of Emergency is now 351 days plus six months. The total tolled period is, consequently, 531 days, or about 18 months.

Individuals who would like to take advantage of this tolling opportunity must notify the applicable local government authority within 90 days of the termination of the State of Emergency, or by September 7, 2017. Please note that different jurisdictions have different notification requirements. The Zika Virus State of Emergency applies to the following counties: Alachua, Brevard, Broward, Clay, Collier, Duval, Escambia, Hillsborough, Highlands, Lee, Martin, Miami-Dade, Okaloosa, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Santa Rosa, Seminole, St. Johns, and Volusia counties.

© 2017 Bilzin Sumberg Baena Price & Axelrod LLP


About this Author

Brian S. Adler, Government Relations, Attorney, Bilzin Sumberg, Law Firm

Brian S. Adler is a Partner in the firm's Government Relations & Land Development Group. His experience includes representing developers and contractors in the permitting, platting, zoning, comprehensive planning and development processes, from application inception to representation at hearing. Brian works on numerous developments of regional impact and participates in post-decision appeals, the annexation process and assists in the drafting of ordinances and resolutions. His practice is focused primarily on land use, zoning and environmental matters in unincorporated Miami-Dade...


Leah Aaronson is an Associate in Bilzin Sumberg's Land Development & Government Relations Group.

Leah holds a J.D. from the University of Miami School of Law and a B.S. in Political Science from Florida State University. During law school, Leah was a member of the University of Miami Law Review and the Moot Court Board. Through Moot Court, she argued in front of the Florida Supreme Court and won the award for best advocate. Leah worked at the United States District Court for the Southern District of Florida as a Judicial Intern to the Honorable Marcia Cooke. Leah is a member of Order of the Coif