for Whom the permit toLLs: using seCtion 252.363 during Covid-19 emergenCy
Construction Law Section
Chairs: Gregg Hutt – Trenam Law and Katherine Heckert – Carlton Fields
W
ith the COVID-19
emergency causing
uncertainty across
all markets and
industries right now, many developers
and landowners are looking for
some relief. Section 252.363 of the
Florida Statutes is an avenue for
relief from impending expiration
dates and deadlines contained in
permits and development orders.
When the Governor of Florida
declares a state of emergency,
Section 252.363 tolls these deadlines
until the end of the emergency,
and allows for an extension of the
expiration date for however many
days the emergency lasted plus six
months (note that if emergencies
overlap, the overlapping days
may only be counted once in
calculating the extension). This
statute has been used by many
a permit-holder after Florida’s
hurricane emergencies, and even
after the Zika Virus emergency.
In 2019, however, Section 252.363
was revised to specify a “natural
emergency” as the only type of
emergency that will toll and extend
expiration dates and deadlines. The
in Chapter
other types of
252 in a
emergencies
cross-reference
defined in
to Section
Chapter 252
381.00315,
include
Florida Statutes.
“manmade
“Public Health
emergency” and
Emergency”
“technological
is defined in
emergency.”
that section to
A “natural
When the governor
include infectious
emergency” is
declares a state of
diseases. The
defined in the
emergency, section 252.363
executive order
statute as “an
that declared
emergency
tolls these deadlines until
the Zika Virus
caused by a
the end of the emergency,
emergency
natural event,
similarly
including, but
and allows for an extension
described that
not limited to,
of the expiration date
situation as a
a hurricane, a
“Public Health
storm, a flood,
for however many days
Emergency.”
severe wave
the emergency lasted
Therefore, it is
action, a
plus six months.
not clear from
drought, or an
this terminology
earthquake.”
that either
Though not
the Zika Virus
exhaustive, this
or COVID-19 are “natural
list does not necessarily contemplate
emergencies” as contemplated by
disease- or virus-related emergencies.
Section 252.363.
Although the Zika Virus emergency
The Florida Department of
did serve to toll and extend deadlines
Business and Professional Regulation
under the statute, that emergency
issued guidance on March 20,
occurred before the statute was
specifying that the COVID-19
narrowed; therefore, the COVID-19
emergency as declared by EO 20-52
emergency is the first virus
does qualify as a “natural emergency”
emergency occurring in the state
for purposes of tolling permits
since the statute was revised.
under Sec. 252.363. It is not clear
Executive Order 20-52, which
whether this is a policy decision
declared the COVID-19 state of
for the COVID-19 emergency
emergency, describes COVID-19
specifically or implies that the term
as a “Public Health Emergency.”
That term is not defined in Section
252.363; however, it is mentioned
Continued on page 31
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