How Can a State of Emergency Declaration in Florida Benefit Your Land Development Investment?

This year Florida adopted SB 2156 creating Section 252.363, Florida Statutes (2011) (the “Act”), which extends and tolls certain time-frames associated with specified permits and development orders within the geographic area of a Governor's state of emergency declaration.

Have any declarations been issued to date?

Yes. The Governor has issued Executive Order (EO) No. 11-128 (as extended by EO Nos. 11-172 and 11-202) declaring a State of Emergency for Florida due to significant drought and wildfire conditions.

To which development orders and permits does this apply?

• The expiration of local government development orders.
• The expiration of building permits.
• The expiration of permits issued by the Florida Department of Environmental Protection or water management districts pursuant to Part IV, Chapter 373, Florida Statutes.
• The buildout date of a Development of Regional Impact, including any prior extension granted pursuant to Section 380.01(19)(c).

Which development orders or permits are excluded ?

• A permit or other authorization for a building improvement or development located outside the geographic area of the declaration. This EO covers the entire State of Florida.
• A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
• Those in which the holder of a permit is in significant non-compliance.
• Those subject to a court order specifying a different extension.

What are the benefits?

Tolls the period remaining to exercise rights under the permit or development order for the duration of the emergency declaration.
Extends the period remaining to exercise rights under the permit or development order for six (6) months in addition to the tolled period.
Extends mitigation commencement and completion dates for phased construction projects.

How can we help you take advantage of these benefits?

• EO No. 11-128 expired on November 3, 2011, which triggers a 90-day filing period. The Act requires that a specific written notice be filed with the “issuing authority” within ninety (90) days after the termination of the declaration of emergency. The deadline to file the requisite Notice is February 1, 2012.
• Call us immediately so we can work with you to confirm whether this benefit may be extended to your land development investment and comply with the requirements of the Act.