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Florida Governor Declares State of Emergency for Tropical Storm Elsa

Client Alert
July 6, 2021
On July 3, 2021, through Executive Order 21-150, Governor DeSantis declared a state of emergency due to the threat of Tropical Storm Elsa in 15 counties, including Miami-Dade and Monroe County. Based on the Executive Order, certain development orders and building permits may be extended pursuant to Section 252.363, Florida Statutes.

Pursuant to the tolling and extension provisions of Section 252.363, Florida Statutes, the time for building permits and development orders may be tolled and extended for the sixty (60) days declared in the state of emergency, plus an additional six (6) months so long as the permit holder notifies the local government authority within ninety (90) days after the termination of the emergency declaration of the intent to exercise the tolling and extension afforded under the statute.

As the state of emergency was declared on July 3, 2021, if the state of emergency lasts 60 days, as currently indicated under the Executive Order, the deadline to notify the local government authority of the extension will be November 30, 2021. It is important to note, however, that the Governor has issued executive orders terminating the state of emergency for certain storms prior to the end of the 60 days, so we recommend monitoring the situation for additional executive orders which may change the anticipated deadline.

Bilzin Sumberg remains available to assist our clients in extending permits and otherwise preserving development rights. If you have any questions, please contact us.
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Brian S. Adler

Brian S. Adler

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Jennifer E. Fine

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