As Hurricane Idalia heads for Florida’s Gulf Coast, some property house owners, builders, development trade professionals, and different constructing permit- and authorization-holders could also be eligible for extensions to protect their improvement and development rights. A Florida legislation permits sure qualifying permits and authorizations to be prolonged past their present expiration dates as soon as the Governor points a state of emergency stemming from pure causes. Governor DeSantis declared a 60-day state of emergency for a number of Florida counties in mild of “Make investments 93L,” now referred to as Tropical Storm Idalia, on August 26, 2023 (see Govt Order No. 23-175 Amending Govt Order Nos. 23-171, 23-172, and 23-174). The Governor prolonged the state of emergency by one other 60-days on October 24, 2023, pursuant to Govt Order No. 23-212.
Whether or not or not this extension is offered to you is dependent upon your explicit circumstances. Whereas the next supplies an summary of this allow extension legislation, together with what forms of permits and authorizations are lined and the way lengthy your extension might doubtlessly be, Katie Berkey, Esq., AICP at Becker can advise you on whether or not and the way this legislation can apply to your state of affairs.
Qualifying for the Extension
The legislation at concern ‑‑Part 252.363(1)(a), Florida Statutes (2023), as amended by Part 4, Chapter 2023-304, Legal guidelines of Florida (SB 250, which applies retroactively to September 28, 2022) — supplies that sure qualifying permits and authorizations are eligible for an extension as soon as a state of emergency for a pure emergency is issued by the Governor for the size of time the state of emergency is in impact, plus an extra 24 months. A written request for the extension have to be submitted to the authorizing governmental company inside 90 days after the state of emergency has expired (§ 252.363(1)(b), Florida Statutes). Six forms of permits and authorizations qualify for an extension below these circumstances:
- The expiration of a improvement order issued by a neighborhood authorities, which incorporates all kinds of native authorities approvals that let 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 below Sections 163.3220-163.3243, Florida Statutes, wherein 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 below the Florida Native Authorities Settlement Act below Part 163.3221, Florida Statutes, or issued by a neighborhood authorities or different governmental company
Notifying the Authorities That You Are Invoking Your Proper to an Extension
You do not want to use to a authorities company to get permission to increase qualifying permits and authorizations. Somewhat, the extension happens as a matter of legislation so long as you provide a written notification of your intent to train your proper below the statute to the suitable authorities physique. There may be even a chance that extensions might lengthen for so long as 4 years below the appropriate circumstances. This could happen the place states of emergency are declared one after one other in the identical counties, one thing that may be a standard incidence in Florida because of the state’s climate volatility.
How Becker Can Assist
If you happen to maintain permits or different authorizations in Florida and would really like help in reviewing and evaluating potential alternatives for extension to protect your improvement rights, please contact Katie Berkey, Esq., AICP.
Katie Berkey, Esq., AICP, is a Board Licensed Specialist in Metropolis, County and Native Authorities Regulation and an authorized Skilled Planner by the American Institute of Licensed Planners; she can be a shareholder with Becker & Poliakoff. Katie represents shoppers in zoning, land use and planning issues. She serves on the board of administrators for Maintain Lee County Lovely, is a member of the City Land Institute (ULI) of Southwest Florida Administration Committee and ULI’s Girls’s Management Initiative steering committee and serves on the Moms Esquire Breastfeeding Lodging Committee. If you wish to know extra about what choices could also be obtainable on your present or future improvement in mild of the “Stay Native Act,” please don’t hesitate to contact Katie.
