November 13, 2014

Florida Legislature Offers Permit and Development Order Extension Opportunity

Written Notification Due to the Authorizing Agency by Dec. 31, 2014
Holland & Knight Alert
Lawrence E. Sellers | Alan Samuel Krischer | Janna P. Lhota | Tracy R. Slavens | Hugo P. Arza

HIGHLIGHTS:

  • During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals.
  • Because the extension of time is available only upon notification, developers should review their existing permits and promptly determine whether they are eligible.

During the 2014 Regular Session, the Florida Legislature enacted a measure providing holders of certain specific development approvals an opportunity to seek a two-year extension for these approvals. Any building permit and any permit issued by the Florida Department of Environmental Protection or a water management district pursuant to part IV of Chapter 373, Florida Statutes, with an expiration date from Jan. 1, 2014, through Jan. 1, 2016, is extended and renewed for a period of two years after its previously scheduled date of expiration. However, written notification must be provided to the authorizing agency by Dec. 31, 2014, to take advantage of this extension.

Approvals Subject to Extension

Qualifying entitlements set to expire between Jan. 1, 2014, and Jan. 1, 2016, include:

  • any building permit 
  • any permit issued by the Florida Department of Environmental Protection or by a water management district pursuant to part IV of chapter 373, Florida Statutes
  • any local government-issued development order or building permits including certificates of levels of service

Permit holders are limited to a combined maximum of four years of extensions under the measure and similar, previously enacted extension opportunities. Thus, the permit or other authorization holder is barred from an extension under the 2014 legislation if the holder already received four years of extensions pursuant to similar extensions provided by prior legislation enacted in 2009, 2010, 2011, 2012 and 2013.

The extension does not apply to permits or authorizations under any programmatic or regional general permit issued by the U.S. Army Corps of Engineers. Permits deemed to be in significant noncompliance with the conditions of the permit or authorization are also ineligible for the extension.

Notification for Extension

To obtain the extension, the permit or other authorization holder must submit written notification to the authorizing agency by Dec. 31, 2014. The written notification must identify the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization. Holders of eligible permits or other authorizations are not required to make a payment to the authorizing agency for use of the extension.

Because the extension of time is available only upon notification, developers should review their existing permits and promptly determine whether they are eligible. Lenders for ongoing development projects may wish to confirm that their borrowers are taking the necessary steps to avail themselves of this extension as well.

A summary of the extension and other environment, growth management and water legislation enacted during the 2014 Regular Session is covered in the Holland & Knight "2014 Legislative Update: Environment, Growth Management and Water (July 2, 2014)."


Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem. Moreover, the laws of each jurisdiction are different and are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel.

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