Holders of permits and development orders have the opportunity to toll the period remaining to exercise rights under the permit or order for nearly 16 months. Section 252.363 of the Florida Statutes permits a tolling of development orders and permits upon the declaration of a state of emergency by the Florida Governor. The statute provides that the tolling lasts throughout the state of emergency, plus an additional 6 months.
On June 23, 2016, Governor Scott declared a State of Emergency in response to the Zika Virus. Because each declared state of emergency can last for only 60 days, the Governor has since extended the Zika Virus State of Emergency four times, with the most recent extension occurring on February 10, 2017. Thus, the total duration of the Zika Virus State of Emergency is 292 days.
Because the Florida Statute authorizes the tolling of development orders for six months in addition to the duration of the state of emergency, the total extension available for the Zika Virus State of Emergency is 292 days plus 6 months. The total tolled period is, consequently, 475 days, or about 16 months.
Individuals that would like to take advantage of this tolling opportunity must notify the applicable local government authority within 90 days of the termination of the State of Emergency, or by July 10, 2017. Please note that different jurisdictions have different notification requirements. The Zika Virus State of Emergency applies to the following Counties: Alachua, Brevard, Broward, Clay, Collier, Duval, Escambia, Hillsborough, Highlands, Lee, Martin, Miami-Dade, Okaloosa, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Santa Rosa, Seminole, St. Johns and Volusia Counties.
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Bilzin Sumberg is a commercial law firm based in Florida. The Firm’s core practices include Business Finance & Restructuring, Corporate, Environmental, International, Land Development & Government Relations, Litigation, Real Estate, and Tax. For more information, please visit bilzin.com.