Don’t forget to submit your permit extension requests by the end of 2009!  Under Senate Bill 360, which became law earlier this year, most state and local development permits can be extended for up to two (2) years, but only if you follow the proper procedure.  Here are the details.

Which Permits Are Eligible for the Extension?

  • FDEP or water management district permits issued pursuant to part IV of Chapter 373, Florida Statutes that
  • expire between September 1, 2008 and January 1, 2012
  • Local government-issued development orders and building permits that expire between September 1, 2008 and
  • January 1, 2012 (see discussion below)
  • DRI development orders that expire between September 1, 2008 and January 1, 2012

What Permits are Not Eligible for the Extension?

  • U.S. Army Corps of Engineers permits
  • Permits in default or noncompliance

How Long is the Extension?

  • Two (2) years from the current expiration date of the development order or permit

How Do I Obtain the Extension?

Send written notice of the election to extend the permit or development order, and the anticipated timeframe for acting on the permit or development order;
To the permitting agency;
By December 31, 2009.

Please note that the determination of which local government development orders are eligible for the extension varies by jurisdiction, and by type of development order within jurisdictions.  For example, the Jacksonville Planning and Development Department has made a policy determination that transportation-related fair share contracts and development agreements are eligible for the extension, but that CCASes and CRCs are not.  We encourage you to submit your extension requests as soon as possible so that any eligibility issues can be fully addressed with local government staff.  There’s no benefit to waiting to the last minute.

Rogers Towers provides a full range of extension-related assistance, including:

  • Drafting extension requests
  • Reviewing extension requests for legal sufficiency
  • Analyzing whether a particular development order or permit is, or should be, eligible for the extension
  • Negotiating extension eligibility issues with local governments
  • Litigating extension eligibility issues, where appropriate

Please don’t hesitate to contact us to discuss any of these issues in more detail.