Development Approval Extensions Available for 36 Florida Counties

Craig Taraszki

CTaraszki

As a result of recent Executive Orders signed by Governor Rick Scott, certain state and local (but not federal) development approvals may be extended.  Section 252.363 of the Florida Statutes tolls the expiration of certain development approvals for the duration of a declared state of emergency and extends the time remaining to exercise the rights under the development approval for six months in addition to the tolled period.

Executive Order Number 16-136, June 6, 2016.

Governor Scott declared a local state of emergency for Alachua, Baker, Bradford, Brevard, Citrus, Clay, Columbia, Dixie, Duval, Flagler, Franklin, Gilchrist, Hernando, Hillsborough, Jefferson, Lafayette, Lake, Levy, Manatee, Marion, Nassau, Orange, Pasco, Pinellas, Putnam, Sarasota, Seminole, St. Johns, Sumter, Suwanee, Taylor, Union, Volusia and Wakulla Counties as a result of Tropical Storm Colin, which expires on August 5, 2016.  If you have a development approval for a project located in any of these counties which expires after June 6, you may be able to elect an extension which would allow you to exercise that approval no later than February 5, 2017.

Executive Order Number 16-155, June 29, 2016.

Governor Scott declared a local state of emergency for Martin and St. Lucie Counties as a result of the algae blooms caused by discharges from Lake Okeechobee, which expires on August 28, 2016.  If you have a development approval for a project located in either of these counties which expires after June 29, you may be able to elect an extension which would allow you to exercise that approval no later than February 28, 2017.

To elect the extension, the holder of the development approval must notify the issuing authority in writing within 90 days after the expiration of the declared state of emergency, so those deadlines are fast approaching.  Only certain types of development approvals are eligible for these extensions, but they include subdivision plans, plats, site plans, rezonings, special exceptions, variances, environmental permits (such as environmental resource permits issued by the various water management districts or Florida Department of Environmental Protection), build-out dates for developments of regional impact (DRIs), or any other official action of the state or local governing authority having the effect of permitting the development of land.

Please contact me if you would like to discuss whether such an extension is available and appropriate for your specific project goals.