Reyna E. Grundy, Esq.
Land Use, Local Government Law
Due to recent natural disasters impacting Southwest Florida, property owners and other permit-holders in affected areas may be entitled to permit extensions pursuant to § 252.363, Florida Statutes. The following is a summary of the tolling and extension opportunities available for holders of certain permits and authorizations, qualifying factors, and the length of each available extension.
Tolling and Extension of Permits During Declared State of Emergency
Pursuant to Section 252.363, Florida Statutes, upon declaration of a state of emergency for a natural emergency (“SOE”), holders of certain permits and other authorizations are able to toll the remaining time period to exercise their permits for the duration of the SOE and, upon expiration of the SOE, holders may elect to extend such qualifying permits and authorizations.
The distinction between the tolling and extension provisions in Section 252.363 is important to consider when determining the amended date by which a permit or authorization must be utilized. By exercising the option to toll the remaining time period under a qualifying permit or authorization, the holder thereof effectively hits the “pause” button until the expiration of the SOE, at which point the remaining time period to utilize the permit or authorization resumes running. Section 252.363 further allows holders of qualifying permits and authorizations to extend the period remaining to exercise their rights under such permits and authorizations for a total of twenty-four (24) months in addition to the tolled period.
In the event of multiple natural emergencies subject to SOEs, extensions granted under Section 252.363 may not exceed forty-eight (48) months in total.
Qualifying Permits and Notice Requirements
Such qualifying permits include:
(1) The expiration of a development order issued by a local government;
(2) The expiration of a building permit;
(3) The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of Chapter 363, Florida Statutes;
(4) 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 in which the permittee and the developer are the same or a related entity;
(5) The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted as specified in section 380.06(7)(c), Florida Statutes; and
(6) The expiration of a development permit or development agreement authorized by Florida Statutes, including those authorized under the Florida Local Government Development Agreement Act, or issued by a local government or other governmental agency.
If your permit meets one of the above criteria, you must notify the applicable permitting authority of your intent to exercise the tolling and extension granted under Section 252.363, Florida Statutes. Such notice must be given in writing within ninety (90) days following termination of the applicable emergency declaration, and the specific permit or other authorization eligible for the extension must be identified in the notice.
Be advised that only permits or other authorizations for buildings, improvements, or developments located within the geographic area subject to the SOE may be eligible for the tolling and extensions provided for in Section 252.363, Florida Statutes.
Recent Natural Disasters
At present, there are four SOEs in effect for hurricanes in Southwest Florida: Hurricanes Ian, Idalia, Debby, Helene, and Milton. The SOE for Hurricane Ian began on September 23, 2022 (EO 22-218), and has been extended several times thereafter, with the most recent extension issued via EO 25-81 on April 14, 2025. The SOE for Hurricane Ian is set to expire on June 13, 2025, unless extended.
The SOE for Hurricane Debby commenced on August 1, 2024, and was most recently extended on March 17, 2025, via EO 25-59. The SOE for Hurricane Debby is set to expire on May 16, 2025, unless extended.
The SOE for Hurricane Helene began on September 23, 2024 (EO 24-208), and was most recently extended on March 17, 2025, via EO 25-57. The SOE for Hurricane Helene is set to expire on May 16, 2025, unless extended.
The SOE for Hurricane Milton began on October 5, 2024 (EOs 24-214 and 24-215), and was most recently extended on March 31, 2025, via EO 25-68. The SOE for Hurricane Milton is set to expire on May 30, 2025, unless extended.
Additionally, there is one active SOE for severe flooding in South Florida (EO 24-115), affecting Sarasota, Broward, Collier, Lee, and Miami-Dade counties. The SOE for flooding in South Florida began on June 12, 2024, and was most recently extended on March 31, 2025, via EO 25-69. The SOE for severe flooding in South Florida is set to expire on May 30, 2025.
The SOE for Hurricane Idalia, originating on August 26, 2023 (EO 23-171), recently expired on April 7, 2025.
How Blalock Walters 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 land use law attorney Reyna E. Grundy at 941.748.0100 or rgrundy@blalockwalters.com.
