On March 9, 2020, Florida Governor Ron DeSantis issued Executive Order 20-52 declaring a state of Emergency in Florida for the Novel Coronavirus Disease 2019 (COVID-19). As a result of the declaration, developers and other permit holders may seek the tolling and/or extension of development orders, permits, and other authorizations.
Section 252.363, Florida Statutes, provides that upon the declaration of a state of emergency, permits and other authorizations are tolled for the duration of the declaration, and can be extended, six months. The following permits and authorizations are eligible for tolling and/or extension:
- Development orders;
- Building permits;
- Florida Department of Environmental Protection or water management district permits issued pursuant to Part IV of Chapter 373, Florida Statutes;
- Buildout dates for developments of regional impact (DRI), including, any extension of a buildout date that was previously granted pursuant to Section 380.06 (19)(c), Florida Statues.
In order to exercise the extension, the holder of the permit or authorization must notify the issuing authority within 90 days of termination of the declaration. Currently, the declaration has a termination date of May 8, 2020; however, such date is subject to change. The notice must be in writing and should identify the specific permit or authorization to qualify for the extension. Local governments may also require additional information to recognize a tolling and/or extension request.
If you have any questions or would like assistance in reviewing any permits or authorizations for tolling and/or extension, please contact land use and local government law attorneys Mark Barnebey and firstname.lastname@example.org, Marisa Powers at email@example.com, or Scott Rudacille and firstname.lastname@example.org or call 941.748.0100.