Opportunity to Extend Development Orders and Building Permits for Approximately 8 Months Based on Hurricane Isaias

On July 31, 2020, through Executive Order 20-181, Governor DeSantis declared a state of emergency in the following counties due to the threat of Hurricane Isaias: Brevard, Broward, Clay, Duval, Flagler, Indian River, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie, and Volusia. Although Florida was fortunate to avoid most of the effects of Hurricane Isaias, there is an opportunity to extend certain development orders and building permits based on this declaration of a state of emergency. 

Pursuant to the tolling and extension provisions of Section 252.363, Florida Statutes, the time for building permits and development orders may be tolled and extended for the sixty (60) days declared in the state of emergency, plus an additional six (6) months so long as the permit holder notifies the local government authority within ninety (90) days after the termination of the emergency declaration of the intent to exercise the tolling and extension afforded under the statute. As the state of emergency was declared on July 31, 2020, the deadline to notify the local government authority of the extension is December 28, 2020. 

Bilzin Sumberg remains available to assist our clients in extending permits and otherwise preserving development rights. If you have any questions, please contact us.