Update on Opportunity to Extend Development Orders and Building Permits Pursuant to Executive Order Issued for Hurricane Isaias

As discussed  in our previous client alert, 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. Typically, 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. 

However, on August 11, 2020, through Executive Order 20-195, Governor DeSantis terminated Executive Order 20-181. Accordingly, the duration of the state of emergency was only eleven (11) days, not the typical sixty (60) days, and the extension will be for eleven (11) days plus six (6) months, rather than sixty (60) days plus six (6) months. This means that the deadline to notify the local government authority of the extension is now November 9, 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.