eLaws of Florida

  SECTION 252.363. Tolling and extension of permits and other authorizations.  


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  • 1(1)(a) 2The declaration of a state of emergency issued by the Governor for a natural emergency tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration. Further, the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for 6 months in addition to the tolled period. This paragraph applies to the following:
    711. 72The expiration of a development order issued by a local government.
    832. 84The expiration of a building permit.
    903. 91The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373.
    1154. 116The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted as specified in s. 140380.06(7)(c)141.
    142(b) 143Within 90 days after the termination of the emergency declaration, the holder of the permit or other authorization shall notify the issuing authority of the intent to exercise the tolling and extension granted under paragraph (a). The notice must be in writing and identify the specific permit or other authorization qualifying for extension.
    196(c) 197If the permit or other authorization for a phased construction project is extended, the commencement and completion dates for any required mitigation are extended such that the mitigation activities occur in the same timeframe relative to the phase as originally permitted.
    238(d) 239This subsection does not apply to:
    2451. 246A permit or other authorization for a building, improvement, or development located outside the geographic area for which the declaration of a state of emergency applies.
    2722. 273A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
    2923. 293The holder of a permit or other authorization who is determined by the authorizing agency to be in significant noncompliance with the conditions of the permit or other authorization through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or an equivalent action.
    3424. 343A permit or other authorization that is subject to a court order specifying an expiration date or buildout date that would be in conflict with the extensions granted in this section.
    374(2) 375A permit or other authorization that is extended shall be governed by the laws, administrative rules, and ordinances in effect when the permit was issued, unless any party or the issuing authority demonstrates that operating under those laws, administrative rules, or ordinances will create an immediate threat to the public health or safety.
    428(3) 429This section does not restrict a county or municipality from requiring property to be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, or ordinances.
History.-s. 494, ch. 2011-142; s. 12, ch. 2018-158; s. 13, ch. 2019-165.

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