Some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for extensions to preserve their development and construction rights. A Florida law allows certain qualifying permits and authorizations to be extended beyond their current expiration dates once the Governor issues a state of emergency stemming from natural causes. Governor DeSantis declared a 60-day state of emergency for the following counties in light of “Potential Tropical Cyclone Nine,” forecasted to organize and develop into a tropical depression or tropical storm, on September 23, 2024 (Executive Order No. 24-208) and on September 24, 2024 (Executive Order No. 2024-209): Alachua, Baker, Bay, Bradford, Brevard, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington counties.
Qualifying for the Extension
Section 252.363(1)(a), Florida Statutes (2024), as amended by Section 4, Chapter 2023-304, Laws of Florida (SB 250, which applies retroactively to September 28, 2022) provides that certain qualifying permits and authorizations are eligible for an extension once a state of emergency for a natural emergency is issued by the Governor for the length of time the state of emergency is in effect, plus an additional 24 months. A written request for the extension must be submitted to the authorizing governmental agency within 90 days after the state of emergency has expired (§ 252.363(1)(b), Florida Statutes). Six (6) types of permits and authorizations qualify for an extension under these circumstances:
- The expiration of a development order issued by a local government, which includes a wide variety of local government approvals that permit development activities
- The expiration of a building permit
- The expiration of a permit issued by the Department of Environmental Protection or a water management district for management and storage of surface waters pursuant to Part IV of Chapter 373, Florida Statutes
- Consumptive water use permits issued by the Department of Environmental Protection or a water management district pursuant to Part II of Chapter 373, Florida Statutes, for land subject to a development agreement under Sections 163.3220-163.3243, Florida Statutes, in which the permittee and the developer are the same or a related entity
- The buildout date of a Development of Regional Impact
- The expiration of a development permit or development agreement authorized by the Florida Statutes, including those authorized under the Florida Local Government Agreement Act under Section 163.3221, Florida Statutes, or issued by a local government or other governmental agency
Accordingly, this Executive Order provides an opportunity to extend certain permits and authorizations in any of the listed counties for a total of 60 days plus 24 months following submittal of a timely written notification to the authorizing government agency. If the state of emergency were to be extended further by the Governor, this would increase the deadline by which the written request must be filed and the total extension available. However, under Senate Bill 250, the maximum extension period may not exceed 48 months in total in the event of multiple natural emergencies for which the Governor declared a state of emergency.
Notifying the Authorities That You Are Invoking Your Right to an Extension
You do not need to apply to a government agency to get permission to extend qualifying permits and authorizations. Rather, the extension occurs as a matter of law as long as you supply a written notification of your intent to exercise your right under the statute to the appropriate government body. There is even a possibility that extensions could extend for as long as four (4) years under the right circumstances. This can occur where states of emergency are declared one after another in the same counties, something that can be a common occurrence in Florida due to the state’s weather volatility.
How Becker Can Help
If you hold permits or other authorizations in Florida and would like assistance in reviewing and evaluating possible opportunities for extension to preserve your development rights, please contact Katie Berkey, Esq., AICP.