New Opportunity for Permit Extensions of "State of Emergency" in Florida
Governor Scott issued Executive Order 12-140 on June 25, 2012, declaring a state of emergency as the result of the impacts that have occurred as a result of Tropical Storm Debby. A copy of Executive Order 12-140 is attached below for your information. The state of emergency is effective state-wide and will expire on August 24, 2012 unless otherwise extended.*
Section 252.363, Florida Statutes provides, in part, that permits and other authorizations are extended for the length of the state of emergency issued and an additional six months thereafter. The extension applies to the expiration date of a development order, building permits, permits issued by the FDEP or the water management district pursuant to Part IV, Chapter 373, Florida Statutes and the build out date of a development of regional impact, including any extension of a build out date that was previously granted pursuant to Section 380.06(19)(c), Chapter 380, Florida Statutes.
The permit holder or its authorized agent must provide written notice to the permitting agency within 90 days of the expiration of the state of emergency (on or before November 22, 2012 in this case) of its intent to seek a permit extension. The request for the extension must identify the specific permit or other authorization qualifying for the extension.
Should you have a permit or other approval that qualifies for the extension and would like assistance in submitting the same, please contact an attorney.
*As many of you may recall, when we previously extended permit build-out dates as the result of an executive order, the state of emergency was subsequently extended several times. Each extension of the emergency created the opportunity for a further time extension of eligible permits and other authorizations. The firm's Government Approvals & Land Use Group will continue to monitor activity from the Governor's Office throughout the 2012 hurricane season to assure that any permit extensions we are asked to submit on behalf of our clients provide for the maximum extension allowed under Executive Order 12-140 , as well as any additional extensions provided for under subsequent executive orders as may be issued throughout the remainder of the 2012 hurricane season.