As a follow up to Bilzin Sumberg's Land Development & Government Relation's December 2019 Update regarding extensions of development orders and permits, this is a reminder that last year the Florida Legislature amended Section 252.363, Florida Statutes, to limit the ability to extend building permits and authorizations based on certain states of emergency. Originally enacted in 2011, the tolling and extension provisions of Section 252.363 have been a helpful and effective tool in maintaining the viability of otherwise expiring permits or development orders.  Until the recent amendment, permits and development orders were extended for various states of emergency, ranging from natural disasters, the Zika Virus, and the Opioid Crisis.  Under the revised statute, extensions of time are only available where the state of emergency is issued for a “natural emergency”, which is defined by the statute as “an emergency that is caused by natural events, including, without limitation, hurricane, storm, flood, severe wave action, drought, or earthquake.”

Unfortunately, the current health crisis caused by the Coronavirus does not appear to fall under this definition currently.  However, many may recall that in 2009, and subsequent years, the Florida Legislature, in response to the then real estate market conditions, adopted legislation providing the ability to obtain extensions of development orders and building permits.  Similar relief could be adopted by the Florida Legislature in response to COVID-19.  Building officials have the authority to grant or otherwise extend permits, and some jurisdictions are unilaterally taking measures.  For example, Miami Beach issued a bulletin this week providing a one-month extension of permits or violations otherwise set to expire between March 16 and April 16, 2020.  Building officials also have the authority to grant individual requests for extensions of permits.  Hopefully, state legislation will be forthcoming to extend development orders and building permits in response to the COVID-19 state of emergency that has already caused statewide impacts and business closures.