Deadline Approaches for Florida Permit Extension Opportunity for Developers | Practical Law

Deadline Approaches for Florida Permit Extension Opportunity for Developers | Practical Law

The Florida legislature enacted a measure that enables holders of expiring development permits the opportunity to obtain a 2 year extension if notication is provided to the authorizing agency by December 31, 2014.

Deadline Approaches for Florida Permit Extension Opportunity for Developers

Practical Law Legal Update 2-588-7125 (Approx. 2 pages)

Deadline Approaches for Florida Permit Extension Opportunity for Developers

by Practical Law Real Estate
Law stated as of 18 Nov 2014 • Florida
The Florida legislature enacted a measure that enables holders of expiring development permits the opportunity to obtain a 2 year extension if notication is provided to the authorizing agency by December 31, 2014.
In its 2014 session, the Florida legislature enacted a measure allowing holders of certain development permits the opportunity to obtain a two year extension. Developers must provide written notification to the authorizing agency by December 31, 2014 if they wish to take advantage of this extension. (See Section 46 of Chapter 2014-218.)
Permits set to expire between January 1, 2014, and January 1, 2016, that qualify for this extension include any:
  • Building permit.
  • Permit issued by the Florida Department of Environmental Protection or by a water management district pursuant to Section 373.403 through 373.468 of the Florida Statutes.
  • Development order or building permit issued by any local government.
This extension does not apply to:
  • A permit or other authorization determined to be in significant noncompliance with the conditions of the permit, as established through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or equivalent action.
  • A permit that would delay or prevent compliance with a court order if it was granted an extension.
  • A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
Since permit holders in Florida are only permitted a combined maximum of four years of extensions, a permit holder is barred from utilizing this extension if the holder has already received four years of extensions.
Developers must provide written notice by the end of the year if they seek an extension pursuant to this measure, so developers of land in Florida should promptly review their existing permits to determine eligibility. Lenders may also want to confirm that their borrowers are investigating the ability to obtain this extension.