- Last Call for Certain Permit Extensions
- December 5, 2014 | Authors: Alexander Dobrev; Gary M. Kaleita; Adam R. Lewis
- Law Firm: Lowndes, Drosdick, Doster, Kantor & Reed Professional Association - Orlando Office
A new law that passed during the last Florida legislative session offers a great opportunity for builders and developers, as well as lenders who have taken over entitled property, to extend applicable permits with relatively minimal effort. However, the hard deadline to take advantage of this opportunity is December 31, 2014.
Section 46, Chapter 2014-218 of the Laws of Florida allows for a two year extension of any valid building permit, or any valid permit issued by the Department of Environmental Protection or a Water Management District which has an expiration date between January 1, 2014 and January 1, 2016. The extension also applies to any local government-issued development order or any building permit that includes certificates of levels of service. In order to obtain an extension, the proper authorizing agency must be notified in writing by the deadline date mentioned above. The written notice must comply with the requirements of Section 46.
Any extension sought pursuant to Section 46 may be permitted in addition to any existing extension that was previously granted in 2009-2012, but the cumulative extension period with certain previously authorized extensions may not exceed 4 years in total. Additionally, extensions will not be allowed under Section 46 for any programmatic or regional general permit issued by the U.S. Army Corps of Engineers, or any permit held by an owner or operator determined to be in “significant non-compliance” with the conditions of the permit, or any extension that, if granted, would “delay or prevent compliance with a court order.”