Friday, January 13, 2023
HomeProperty LawAlternative To Lengthen Sure Permits Resulting from Hurricane Ian

Alternative To Lengthen 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 forms of permits and authorizations qualify for an extension below these circumstances:

  1. The expiration of a improvement order issued by a neighborhood authorities, which incorporates all kinds of native authorities approvals that let improvement 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 improvement settlement below Sections 163.3220-163.3243, Florida Statutes, through which the permittee and the developer are the identical or a associated entity;
  1. The buildout date of a Growth of Regional Affect; and
  1. The expiration of a improvement allow or improvement settlement approved by the Florida Statutes, together with these approved below the Florida Native Authorities Settlement Act below Part 163.3221, Florida Statutes, or issued by a neighborhood authorities or different governmental company.

Governmental businesses haven’t any affirmative obligation to take motion extending the foregoing permits and authorizations pursuant to Part 252.363(1)(a), Florida Statutes. Relatively 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, until prolonged additional, for a number of counties in Florida in gentle of Tropical Melancholy 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 the whole 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 improve the deadline by which the written request should be filed and the overall extension out there.

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



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