Alternative To Prolong Sure Permits Resulting from Hurricane Ian

Part 252.363(1)(a), Florida Statutes (2022), offers that sure qualifying permits and authorizations are eligible for an extension as soon as a state of emergency is issued by the Governor for the size of time the state of emergency is in impact, plus a further six months. A written request for such an extension should be submitted to the authorizing governmental company inside 90 days after the state of emergency has expired (§252.363(1)(b), Florida Statutes). Six kinds of permits and authorizations qualify for an extension beneath these circumstances:

  1. The expiration of a growth order issued by a neighborhood authorities, which incorporates all kinds of native authorities approvals that let growth actions;
  1. The expiration of a constructing allow;
  1. The expiration of a allow issued by the Division of Environmental Safety or a water administration district for administration and storage of floor waters pursuant to Half IV of Chapter 373, Florida Statutes;
  1. Consumptive water use permits issued by the Division of Environmental Safety or a water administration district pursuant to Half II of Chapter 373, Florida Statutes, for land topic to a growth settlement beneath Sections 163.3220-163.3243, Florida Statutes, wherein the permittee and the developer are the identical or a associated entity;
  1. The buildout date of a Improvement of Regional Impression; and
  1. The expiration of a growth allow or growth settlement approved by the Florida Statutes, together with these approved beneath the Florida Native Authorities Settlement Act beneath Part 163.3221, Florida Statutes, or issued by a neighborhood authorities or different governmental company.

Governmental companies don’t have any affirmative obligation to take motion extending the foregoing permits and authorizations pursuant to Part 252.363(1)(a), Florida Statutes. Moderately the extension happens as a matter of regulation in response to a written notification of intent to train the tolling and extension granted by the Statute. Florida Op.Atty.Gen., 2012-13, April 25, 2012.

On September 23, 2022, the Governor issued Government Order No. 2022-218, declaring a 60-day a state of emergency, except prolonged additional, for a number of counties in Florida in gentle of Tropical Despair 9, which later strengthened into Tropical Storm Ian, after which into Hurricane Ian. On September 24, 2022, the Governor issued Government Order No. 2022-219 to make the prior Government Order relevant to your complete state. Accordingly, the Government Orders present a chance to increase sure permits and authorizations for a complete for six months and 60 days following submittal of a written request to the authorizing authorities company by February 20, 2023. If the state of emergency have been to be prolonged additional by the Governor, this could enhance the deadline by which the written request should be filed and the full extension accessible.

For those who maintain permits or different authorizations in Florida and would really like help in reviewing and evaluating potential alternatives for extension to protect your growth rights in gentle of Hurricane Ian, please don’t hesitate to contact Katie Berkey, Esq., AICP.

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