Deadlines Approach To File For Tropical Storm Extensions: Governor Scott Issues Extension of Emergency Declaration in Certain Counties


[author: Valerie J. Hubbard, FAICP]

Akerman's Practice Update of October 19, 2012, contains information regarding extensions available for certain development permits and approvals pursuant to Section 494 of Chapter 2011-142, Laws of Florida. Section 494 provides an extension when the Governor declares a state of emergency, effective within the area covered by the emergency declaration. The emergency declaration tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration and extends the deadline for the permit or authorization for an additional 6 months beyond the tolled period. With some exceptions, this extension applies to expiration of local-government-issued development orders, building permits, DEP and water management district permits pursuant to part IV of chapter 373 and to DRI build-out dates.

The extensions currently available are tied to the issuance of Executive Orders declaring a state of emergency for Tropical Storms Debby and Isaac. The previous practice update contains details regarding the length of those extensions and the deadlines for providing the required notice to issuing agencies. Please see the original Practice Update for more information.

This update provides information regarding Executive Order 12-240, signed by the Governor on October 22, extending the emergency declaration for Tropical Storm Isaac in the following counties: Bay, Broward, Collier, Escambia, Franklin, Gulf, Martin, Monroe, Okaloosa, Palm Beach, St. Lucie, and Santa Rosa. In those counties, unless extended, the tolling period now goes from August 25 through November 21, 2012 for a total of 88 days. This will also change the deadline for filing the required notice in these counties to February 19, 2013. The dates provided in the earlier Practice Update still apply elsewhere in the state for Tropical Storm Isaac.

Clients are urged not to delay in filing the notices required to exercise the extensions. The various extensions may or may not apply to specific development approvals. Akerman can assist clients in identifying which extensions apply and in providing the required notifications to the appropriate agencies. Akerman can also assist development interests and local governments in understanding and taking advantage of other opportunities provided by the recent changes in Florida's growth management framework. Akerman offers a full array of lobbying services to represent clients’ interests with regulatory agencies and in the legislative arena, as additional legislative changes are considered.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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