Development order time extension deadline approaching

On February 3, 2016, through Executive Order Number 16-30, Governor Scott declared a State of Emergency for several counties, including Palm Beach County, due to the effect of heavy rainfall. Subsequently, the Governor issued two more Executive Orders. The three Executive Orders, together, lasted 45 days.

Could these Executive Orders affect your rights under an existing Palm Beach County permit, development order, or other authorization? Yes.

According to Fla. Stat. § 252.363, the declaration of a State of Emergency by the Governor tolls the period remaining to exercise the rights under a permit, development order, or other authorization for the duration of the emergency declaration, in this case the 45 days, plus an additional six months (or 228 days). According to a Palm Beach County press release, this extension will be applied to “commencement dates, buildout dates, and mitigation activities, including the next phase of a phased development.” This time extension “would be appropriate for projects which might not commence or plat by the current commencement date, or for conditions that might not be satisfied by their due dates.” However, to take advantage of the extension, one must complete and submit an application. Those who wish to take advantage of the extension opportunity should do so as soon as possible.

The deadline for submitting the extension application is June 17, 2016.