Property homeowners, builders, development business professionals, and different permit- and authorization-holders might have much more alternatives for additional extensions resulting from Hurricane Ian in 2022.
The next gives an outline of the allow extension out there beneath regulation, together with what offers rise to the extensions, the sorts of permits and authorizations which are coated, and the way lengthy your extension may probably be. As a result of each scenario is exclusive, Katie Berkey, Esq., AICP at Becker can advise you on whether or not and the way this regulation can apply to your specific case.
Qualifying for the Extension
On September 23, 2022, the Governor issued Government Order No. 2022-218, declaring a 60-day a state of emergency, except prolonged additional, for a number of counties in Florida in mild of Tropical Melancholy 9, which later strengthened into Tropical Storm Ian, after which into Hurricane Ian. On September 24, 2022, the Governor issued Government Order No. 2022-219 to make the prior Government Order relevant to your entire state. On November 21, 2022, January 19, 2023, March 17, 2023, Might 15, 2023, July 13, 2023, September 8, 2023, and November 6, 2023 respectively, the Governor prolonged the state of emergency one other 420 days collectively beneath Government Order Nos. 22-268, 23-21, 23-60, 23-104, 23-139, 23-176, and 23-214.
On account of these sequential Government Orders, qualifying permit-holders can prolong sure permits and authorizations for a complete of 24 months and 480 days so long as they observe the procedures set forth within the orders. It is very important notice, nonetheless, that beneath Part 252.363(1)(a), Florida Statutes (2023), which applies retroactively to September 28, 2022 because the date on which Hurricane Ian made landfall, the utmost extension interval might not exceed 48 months in complete within the occasion of a number of pure emergencies for which the Governor declared a state of emergency.
Six sorts of permits and authorizations qualify for an extension beneath these circumstances:
- The expiration of a improvement order issued by an area authorities, which incorporates all kinds of native authorities approvals that allow improvement actions
- The expiration of a constructing allow
- The expiration of a allow issued by the Division of Environmental Safety or a water administration district for administration and storage of floor waters pursuant to Half IV of Chapter 373, Florida Statutes
- Consumptive water use permits issued by the Division of Environmental Safety or a water administration district pursuant to Half II of Chapter 373, Florida Statutes, for land topic to a improvement settlement beneath Sections 163.3220-163.3243, Florida Statutes, during which the permittee and the developer are the identical or a associated entity
- The buildout date of a Improvement of Regional Influence
- The expiration of a improvement allow or improvement settlement approved by the Florida Statutes, together with these approved beneath the Florida Native Authorities Settlement Act beneath Part 163.3221, Florida Statutes, or issued by an area authorities or different governmental company.
Notifying the Authorities That You Are Invoking Your Proper to an Extension
You don’t want to use to a authorities company to get permission to increase qualifying permits and authorizations. Quite, the extension happens as a matter of regulation so long as you provide a written notification of your intent to train your proper beneath the statute to the suitable authorities physique inside the allotted time interval.
How Becker Can Assist
For those who maintain permits or different authorizations in Florida and would love help in reviewing and evaluating attainable alternatives for extension to protect your improvement rights, please contact Katie Berkey, Esq., AICP.
