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Governor Scott issued Executive Order 12-140 on June 25, 2012,
declaring a state of emergency as the result of the impacts that
have occurred as a result of Tropical Storm Debby. A copy of
Executive Order 12-140 is attached below for your information. The
state of emergency is effective state-wide and will expire on
August 24, 2012 unless otherwise extended.*
Section 252.363, Florida Statutes provides, in part, that
permits and other authorizations are extended for the length of the
state of emergency issued and an additional six months thereafter.
The extension applies to the expiration date of a development
order, building permits, permits issued by the FDEP or the water
management district pursuant to Part IV, Chapter 373, Florida
Statutes and the build out date of a development of regional
impact, including any extension of a build out date that was
previously granted pursuant to Section 380.06(19)(c), Chapter 380,
Florida Statutes.
The permit holder or its authorized agent must provide written
notice to the permitting agency within 90 days of the expiration of
the state of emergency (on or before November 22, 2012 in this
case) of its intent to seek a permit extension. The request for the
extension must identify the specific permit or other authorization
qualifying for the extension.
Should you have a permit or other approval that qualifies for
the extension and would like assistance in submitting the same,
please contact
Anna Long, or any member of the firm's
Government Approvals & Land Use Group.
*As many of you may recall, when we previously extended
permit build-out dates as the result of an executive order, the
state of emergency was subsequently extended several times. Each
extension of the emergency created the opportunity for a further
time extension of eligible permits and other authorizations. The
firm's Government Approvals & Land Use Group will continue
to monitor activity from the Governor's Office throughout the
2012 hurricane season to assure that any permit extensions we are
asked to submit on behalf of our clients provide for the maximum
extension allowed under Executive Order 12-140 , as well as any
additional extensions provided for under subsequent executive
orders as may be issued throughout the remainder of the 2012
hurricane season.
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