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Permit Extensions Possible Under State Emergency Management Act

  • Permit Extensions Possible Under State Emergency Management Act

    Permit Extensions Possible Under State Emergency Management Act

    Since 2011, real estate developers can file and obtain extensions of expiration dates dealing with certain environmental permits due to the “State Emergency Management Act” within the Florida Statutes. Whenever Florida Governor Rick Scott declares a state of emergency under this act, the act, according to Section 252.363, allows a developer to extend an expiration date of certain orders by the length of the declaration plus an added six months.
    These extensions affect things such as a development order, a building permit, an environmental resource permit, or a buildout of a development of regional impact.
    These extensions can only be taken advantage of if the developer applies before 90 days to the end of the declaration length, as well as if the specific permit applied for has not expired when the application is filed. The original emergency declaration must also include the county which contains the project in which the extension is being applied for.
    The declaration does not need to be explicitly connected to the construction project being applied for, and is covered by “any occurrence, or threat thereof … which results or may result in substantial injury or harm.” As well, within the declaration itself, one can state that the extension deals with the authority of the act, if not the exact wording.
    Based on the executive orders issued by Gov. Scott, all of Florida is open to extensions for at least two years, dating back to 2011. It is likely in the future that Gov. Scott or future governors will declare a state of emergency, allowing developers the opportunity for further extensions.