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Further Opportunity to Extend Development Orders and Building Permits

Client Alert
August 30, 2017
On August 4, 2017, Governor Scott extended the previously declared State of Emergency issued for the Zika Virus for the seventh time, affording holders of permits and development orders an expanded opportunity to toll the period remaining to exercise rights under the permit or order for more than 21 months. This latest extension adds an additional 60 days to the declared State of Emergency, which now expires on October 3, 2017. Individuals who 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 January 1, 2018. As this date falls on a national holiday, it is recommended to file on the prior business day.

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 six 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 seven times, with the most recent extension occurring on August 4, 2017. Thus, the total duration of the Zika Virus State of Emergency is now 467 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 467 days plus six months. The total tolled period is, consequently, 647 days, or about 21.5 months.

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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