Florida Permit Extension Deadline Approaching

December 31, 2009: Florida Filing Deadline

Florida Senate Bill 360 authorizes two-year permit extensions for several permits issued by certain government entities with expiration dates between September 1, 2008 and January 1, 2012. The permits included under the Senate Bill 360 definition include:

• a local building permit or development order
• a permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes

If you have obtained one or more of these permits, the deadline for filing an extension is December 31, 2009. An applicant wishing to file an extension must notify the appropriate local government or agency in writing on or before December 31, 2009.

Please be advised that there are several nuances involved with ensuring that your permit extension is filed with the appropriate body. Section 14(1) of Senate Bill 360 provides, in part:

“Except as provided in subsection (4), and in recognition of 2009 real estate market conditions, any permit issued by the Department of Environmental Protection or a water management district pursuant to Part IV of Chapter 373, Florida Statutes, that has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of two years following its date of expiration. This extension includes any local government-issued development order or building permit. The two-year extension also applies to build-out dates including any build-out date extension previously granted under s. 380.06(19)(c), Florida Statutes.”

If you have any questions regarding the status of your permit or the applicability of Senate Bill 360 to your existing permit approvals, please contact the author, one of the attorneys listed below, or your Holland & Knight attorney.