January 6, 2014 Deadline to File Tropical Storm Karen Extension


Section 252.363, Florida Statutes, provides an extension for certain development-related permits and authorizations 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 holder of the permit or authorization must provide written notice to the issuing authority within 90 days after the termination of the emergency declaration of the intent to exercise the tolling and extension granted. The notice must identify the specific permit or other authorization qualifying for extension. 

On October 3, 2013, the Governor issued Executive Order Number 13-282, declaring a state of emergency in 18 Florida counties due to the threat of Tropical Storm Karen. The order was effective in the following counties:  Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Gulf, Calhoun, Jackson, Franklin, Liberty, Gadsden, Wakulla, Leon, Jefferson, Madison and Taylor. The emergency declaration was terminated on October 8, 2013 by Executive Order Number 13-283.  Because the state of emergency was only effective for 6 days, the total extension available for eligible permits and authorizations is 6 months and 6 days. 

The 90-day deadline for notifying the issuing authority of the intent to exercise the extension of eligible permits and authorizations is January 6, 2014. 

Clients are urged not to delay in filing the notice required to exercise the extension. As noted above, the extension may or may not apply to specific development approvals. 

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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