for Whom the permit toLLs: using seCtion 252.363 during Covid-19 emergenCy
Construction Law Section
Continued from page 30
“natural emergency” will cover
viruses and/or “Public Health
Emergencies” for all purposes going
forward. Greater clarification in the
statute may be necessary in the event
our state faces another virus-related
emergency in the future.
Section 252.363 provides a
90-day window after the conclusion
of an emergency (and any extensions
thereof) to notify a local government,
in writing, of the intent to exercise
the extension. If a client’s expiration
deadline is fast approaching and
the COVID-19 emergency is not
yet over, it may be worthwhile to
send a letter to the appropriate
jurisdiction to put them on notice
of the client’s intent to exercise
their rights under Section 252.363
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HCBA LAWYER
when the emergency is over. The
issuing authority may respond
with an acknowledgement of
that right. Some jurisdictions will
request that the client formalize
the use of Section 252.363 through
that jurisdiction’s own processes
for extending deadlines. Sending
a notice letter well before your
client’s deadline is therefore
advisable, to provide you with
enough time to find out if the
issuing authority will require
additional steps before accepting
your client’s intent to exercise their
rights under Section 252.363.
It is not unusual for a local
government’s land development
code to contain procedures for
requesting deadline extensions for
certain types of development orders
and permits. This type of extension
could be used in tandem with a
Section 252.363 request, or could
be used before the COVID-19
emergency is over to extend your
client’s deadline before an extension
under Section 252.363 is ripe.
Many jurisdictions, such as the
City of Coral Springs, the City of
Brooksville, St. Lucie County, and
Seminole County, have issued their
own executive orders regarding the
tolling of various deadlines during
local states of
emergency
which may
benefit your
clients as well.
Author:
Jaime R. Maier
– Hill Ward
Henderson
31