September 2021 Deadline for Extension of Permits and Development Orders in Accordance with the COVID-19 Emergency and State Law | Bilzin Somberg

This is a follow-up to our clients’ previous alerts regarding potential permit extensions and development orders based on the Governor’s COVID-19 emergency. On April 27, 2021, Governor DeSantis issued Executive Order 21-94, which extended the state of emergency originally declared by Executive Order 20-52. A copy of the executive order can be viewed here. The Governor did not extend Executive Order 20-52, and accordingly, the state of emergency declared under Executive Order 20-52, as extended, expired on June 26, 2021.

As a reminder, the state has classified the coronavirus crisis as a “natural emergency,” which is defined in Florida laws as “an emergency caused by natural events, including, but not limited to, hurricanes, storms, floods, and severe waves.” Or drought or earthquake.” This interpretation allows for charging for certain permits for the duration of the emergency declaration and for up to six months in addition to the fee period (which can be extended based on future states of emergency declared by the Governor).

This latest Executive Order extended the emergency until June 26, 2021. Under Section 252.363 of Florida laws, the holder of a permit or other authorization has ninety (90) days after the end of the emergency to notify the issuing authority of its intent to exercise the fees and extension granted by law. The original Executive Order 20-52 was issued on March 9, 2020, and now covers a total of 474 days. This allows permit or permit holders to seek an extension of 474 days in addition to six (6) months. Accordingly, the deadline for notifying issuers of the extension and fees is September 24, 2021.

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