Florida Permit Extention
With Florida’s volatile hurricane season, having access to permit extensions is crucial. Before 2019, the extension applied to any declaration of a state of emergency issued by the governor. In 2019, it was amended to state only natural disaster states of emergency applied. The language can be found in Florida Section 252.363
Four types of permits qualify for an extension under this section:
- A development order issued by a local government;
- A building permit;
- A permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of chapter 373; and
- A Development of Regional Impact’s (DRI’s) build-out date.
The holder of the permit must apply for the extension within 90 days of the termination of the emergency declaration. If granted, the permits were extended for the length of time the declaration is in effect plus an additional six months.
When Governor Ron DeSantis (R) issued Executive Order Number 20-51 on March 1, 2020, COVID-19 was designated as a public health emergency. Thus, not activating the tolling/extension statute. This leaves it to the cities and counties to decide if extensions will be granted. The Florida Home Builders Association has written Gov. DeSantis requesting he amend the executive order to designate COVID-19 as a “natural emergency.”
At publication of this information, Gov. DeSantis has not updated the executive order. Some counties, like Orange County, have implemented their own extension request protocol.