April 07, 2020
By: Tara Tedrow,Rebecca Wilson, & McGregor Love
In response to the coronavirus pandemic, Governor DeSantis has issued Executive Order No. 20-51 declaring a state of emergency for all 67 counties in the state of Florida. In addition to providing services to those in need, an Executive Order of this kind also has the effect of extending the expiration dates of many types of building and development permits issued by state and local jurisdictions, as confirmed by the Florida Department of Business and Professional Regulation in an update to their frequently asked questions.
Florida Statutes Section 252.363 provides that, pursuant to a declaration of a state of emergency for a natural emergency, permits and other development orders are extended for the length of the state of emergency and for an additional six months thereafter. The coronavirus pandemic has been deemed a “natural emergency” for purposes of Section 252.363. The extension applies to the following:
- the expiration of a development order issued by a local government,
- the expiration of a building permit,
- the expiration of a permit issued by the Department of Environmental Protection or water management district, and
- the buildout date of a development of regional impact (DRI), including any extensions of a buildout date that was previously granted.
It is important to remember that extensions of permits are not automatic. If you choose to exercise your right to extend your permit’s expiration date, you must properly notify the relevant permit authority within 90 days after the termination of the emergency declaration. The notice must be in writing and identify the specific permit or other authorization qualifying the extension.
UPDATE: The process for requesting tolling and extension of a permit expiration may vary depending on the local government. In Orange County, a permit holder must notify the issuer of permit in writing of its intent to exercise the tolling extension. The permit holder will then be asked to fill out a “Declaration of State of Emergency Written Permit/Development Order Extension Notification” form. The appropriate division will then review the request (in conjunction with the County Attorney's office, if necessary) and after determining that the project is eligible for an extension, extend the expiration date, as applicable.
If you need assistance with or have questions regarding permit extensions, the at Lowndes is here to help.
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This article is informational only. You should consult an attorney before acting or failing to act. The law may change rapidly and no warranty is given. LOWNDES DISCLAIMS ALL IMPLIED WARRANTIES AND WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL ARTICLES ARE PROVIDED AS IS AND WITH ALL FAULTS. Consult a Lowndes attorney if you wish to establish an attorney/client relationship.
Tara Tedrow is a shareholder in the firm’s Land Use, Zoning & Environmental Group and serves as chair of the Cannabis & Controlled Substances Group. She brings years of experience handling an array of complex legal matters for multi-billion dollar valued companies and entrepreneurs alike.
With a significant portion of her practice devoted to land use and development, Tara regularly advises clients on entitling projects for commercial, residential, industrial, office and mixed uses. She works with local governments and regulatory agencies to address the needs of her clients related to environmental permitting and compliance, zoning, comprehensive plans, concurrency, site plan approval, variance and waiver requests, due diligence and property rights.
Often sought out for high-profile and high-stakes land development projects, Tara has delivered positive outcomes for clients ranging from large multi-national and U.S.-based companies to high-net worth individuals seeking land use entitlements. With over 15 years of competitive debate experience, she is uniquely suited to handle complex and controversial projects and public hearings that present a myriad of political and legal challenges.
Tara has provided developers and clients with legal counsel and representation in Section 70.51 mediations. Her experience in land use and environmental dispute resolutions offers a unique benefit to clients navigating the alternative dispute resolution process following denial of a development order, zoning approval and other land use matters around the state.
Well-known for providing legal and lobbying representation for a wide range of cannabis clients, Tara and her team work with physicians, lenders, real estate developers, landlords, ancillary service providers, banks, licensed adult use and medical marijuana companies, cultivators, processors, retailers and license applicants, helping them to navigate the ever-changing regulatory landscape of marijuana and hemp regulations. She also assists clients in the national hemp industry in obtaining licensing and approvals for processing, retailing, cultivation and other forms of secondary byproduct monetization. Her deep knowledge of regulatory laws and understanding of operations and logistics for cannabis companies, along with her ability to make connections and build partnerships, bring strategic value to her clients.
Tara is the only person in the state of Florida to be appointed by the Florida Department of Agriculture and Consumer Services to both the inaugural Industrial Hemp Advisory Council created under Senate Bill 1020 and to the state’s Hemp Advisory Committee, which she currently chairs. A prolific presenter and speaker at industry seminars and conferences, she has served as the keynote speaker on industry regulations at over 60 events in the past two years. In the fall of 2018, Tara became the first professor in the state of Florida to teach a law school course on marijuana law and policy at the University of Florida Levin College of Law, where she continues to teach today.
Prior to joining the firm, Tara worked as a legal extern for the University of Florida General Counsel and Office of the Vice President as well as for the Orlando Juvenile Public Defenders Office. For over a decade, she has also worked professionally as a private speech and debate coach and taught at multiple national debate institutes, including the National Debate Forum at Emerson University, the National Symposium for Debate at Grinnell College and Victory Briefs Institute at UCLA.
Tara is a contributing writer at the Orlando Sentinel and has spoken about various real estate topics on Fox News.
To view Tara's information specific to Land Use or Cannabis, click the corresponding links below.
|Land Use||Cannabis |
Becky Wilson is chair of the firm's Land Use, Zoning and Environmental Group. She represents property owners, developers, lenders and other development participants with issues related to zoning, comprehensive plans, concurrency, administrative law, Developments of Regional Impact (DRI’s), procurement issues, due diligence and property rights.
As early as sixth grade, Becky advocated for the causes she believed in. Her concern about nuclear waste and water contamination in her hometown of Dothan, Alabama – and her thorough research – promoted her to press a state legislator with questions in the school auditorium. Having grown up in the South, Becky got in trouble for questioning authority – yet that life experience served her well.
After clerking for a federal judge in Washington, D.C., Becky landed in Orlando, quickly building a reputation at Lowndes for being thorough, outspoken, and a tireless advocate for clients. She ultimately found her niche in land use, collaborating with architects, transportation engineers and local governments to move her clients’ projects – and Central Florida – forward. Becky became one of the youngest female shareholders at the firm. Today, she is Chair of theLand Use, ZoningandEnvironmental Group.
Her clients include property owners, developers, lenders and other participants in the development of high-rise, hotels, planned communities, large “power-centers,” mixed-use projects, office buildings and big box commercial projects, projects within historic districts,multi-family developments, senior living, and affordable housing. Becky works closely with the local government entities to address the needs of her clients related tozoning, comprehensive plans, concurrency,administrative law,Developments of Regional Impact (DRI’s), procurement issues, due diligence, andproperty rights.
Undoubtedly, Becky’s diligence, activism and Southern charm were responsible in part for her appointment as chair of the Urban Land Institute (ULI) of Central Florida DistrictCouncil, a global multidisciplinary real estate organization with more than 40,000 members dedicated to the responsible use of land, and creating and sustaining thriving communities.
McGregor T. Love — Associate
McGregor Love assists clients with entitling projects for commercial, residential, industrial, office, and mixed use.
McGregor works with local governments and other regulatory authorities to address the needs of clients related to environmental permitting and compliance, zoning, comprehensive plans, concurrency, site plan approval, variance and waiver requests, due diligence, and property rights. As a member of the firm’s Renewable Energy Group, McGregor assists clients with permitting and development in the growing renewable energy industry.
With a background in land use and business litigation, McGregor previously worked for other law firms where he focused on the representation of Florida businesses and business investors.