Earlier this year, we issued a comprehensive GT Alert on The Future of Growth Management in Florida, which reviewed the landmark Community Planning Act (CPA), including options for extending Development of Regional Impact (DRI) development order dates and expiration dates for various types of permits.
Greenberg Traurig is providing this brief reminder that the CPA requires a written notice to be filed with the appropriate governmental authority by December 31, 2011, in order to effectuate eligible extensions. As December 31 is a Saturday, the last business day to timely file the requisite notice is December 30, 2011. Three extension opportunities are authorized by the CPA:
- Section 380.06(19)(c), F.S., was amended to allow a four year extension of DRI development order dates, including commencement, phase, build out and expiration dates, as well as related mitigation deadlines.
- Any permit or authorization that was extended pursuant to Section 14 of Ch. 2009-96 as reauthorized by Section 47 of Ch. 2010-147, may be extended and renewed for an additional two years. Permits that were previously extended by four years or more by 2009-96 or 2010-147 (sections 46 and 47) are not eligible.
- Any building permit, development order, and permit issued by the Florida Department of Environmental Protection (FDEP) or a water management district pursuant to Part IV of Chapter 373, F.S., which has an expiration date between 1/1/2012 and 1/1/2014 may be extended for two years.
Various limitations and conditions affect eligibility for these extensions. These CPA extensions can also be combined with the tolling periods/extensions authorized by SB 2156 as addressed in a previous GT Alert, How Can a State of Emergency Declaration in Florida Benefit Your Land Development Investment?. GT can advise on the optimum approach for combining the extensions to maximize your benefit. If you are a developer or landowner within a DRI or are the holder of a permit/authorization from a local government, FDEP or water management district, you should act now to secure and extend your entitlements if you have not already done so.
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