In response to Hurricane Dorian, Governor Ron DeSantis has issued Executive Order No. 19-190 (reaffirming and amending Executive Order No. 19-189) declaring a state of emergency for all 67 counties in the state of Florida. In addition to providing services to those in need, an executive order of this kind also has the effect of extending the expiration dates of many types of building and development permits issued by state and local jurisdictions.

Florida Statutes Section 252.363 provides that, pursuant to a declaration of a state of emergency for a natural emergency, permits and other development orders are extended for the length of the state of emergency and for an additional six months thereafter. The extension applies to the following:

• the expiration of a development order issued by a local government,
• the expiration of a building permit,
• the expiration of a permit issued by the Department of Environmental Protection or water management district, and
• the buildout date of a development of regional impact (DRI), including any extensions of a buildout date that was previously granted.

It is important to remember that extensions of permits are not automatic. If you choose to exercise your right to extend your permit’s expiration date, you must properly notify the relevant permit authority within 90 days after the termination of the emergency declaration. The notice must be in writing and identify the specific permit or other authorization qualifying the extension.