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September 24, 2021, Deadline to Extend Permits and Development Orders Pursuant to COVID-19 Related State of Emergency and State Statute

Client Alert
July 6, 2021
This is a follow-up to our previous client alerts regarding potential extensions of permits and development orders based on the gubernatorial COVID-19 state of emergency. On April 27, 2021, Governor DeSantis issued Executive Order No. 21-94, which further extended the state of emergency originally declared by Executive Order No. 20-52. A copy of the Executive Order can be reviewed here. The Governor did not further extend Executive Order 20-52, and, accordingly, the State of Emergency declared by 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 the Florida Statutes as “an emergency that is caused by natural events, including, without limitation, hurricane, storm, flood, severe wave action, drought, or earthquake.” This interpretation allows for the tolling of certain permits for the duration of the emergency declaration and for up to six months in addition to the tolled period (which may be further extended based on future Governor-declared states of emergency).

This last Executive Order extended the state of emergency until June 26, 2021. Under Section 252.363, Florida Statutes, the holder of the permit or other authorization has ninety (90) days after the end of the State of Emergency to notify the issuing authority of its intent to exercise the tolling and extension granted by the statute. The original Executive Order No. 20-52 was issued on March 9, 2020, and now covers a total of 474 days. This allows the holders of permits or authorizations to seek an extension of 474 days plus six (6) months. Accordingly, the deadline to notify the issuing authorities of the extension and tolling is September 24, 2021.

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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