Fla. Stat. 252.363
Tolling and extension of permits and other authorizations


(1)(a)

The declaration of a state of emergency issued by the Governor for a natural emergency tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration. Further, the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for 24 months in addition to the tolled period. The extended period to exercise the rights under a permit or other authorization may not exceed 48 months in total in the event of multiple natural emergencies for which the Governor declares a state of emergency. The tolling and extension of permits and other authorizations under this paragraph shall apply retroactively to September 28, 2022. This paragraph 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 a water management district pursuant to part IV of chapter 373.
Permits issued by the Department of Environmental Protection or a water management district pursuant to part II of chapter 373 for land subject to a development agreement under ss. 163.3220-163.3243 in which the permittee and the developer are the same or a related entity.
The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted as specified in s. 380.06(7)(c).
The expiration of a development permit or development agreement authorized by Florida Statutes, including those authorized under the Florida Local Government Development Agreement Act, or issued by a local government or other governmental agency.
Within 90 days after the termination of the emergency declaration, the holder of the permit or other authorization shall notify the issuing authority of the intent to exercise the tolling and extension granted under paragraph (a). The notice must be in writing and identify the specific permit or other authorization qualifying for extension.If the permit or other authorization for a phased construction project is extended, the commencement and completion dates for any required mitigation are extended such that the mitigation activities occur in the same timeframe relative to the phase as originally permitted.This subsection does not apply to:
A permit or other authorization for a building, improvement, or development located outside the geographic area for which the declaration of a state of emergency applies.
A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
The holder of a permit or other authorization who is determined by the authorizing agency to be in significant noncompliance with the conditions of the permit or other authorization through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or an equivalent action.
A permit or other authorization that is subject to a court order specifying an expiration date or buildout date that would be in conflict with the extensions granted in this section.

(1)(a)

The declaration of a state of emergency issued by the Governor for a natural emergency tolls the period remaining to exercise the rights under a permit or other authorization for the duration of the emergency declaration. Further, the emergency declaration extends the period remaining to exercise the rights under a permit or other authorization for 24 months in addition to the tolled period. The extended period to exercise the rights under a permit or other authorization may not exceed 48 months in total in the event of multiple natural emergencies for which the Governor declares a state of emergency. The tolling and extension of permits and other authorizations under this paragraph shall apply retroactively to September 28, 2022. This paragraph 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 a water management district pursuant to part IV of chapter 373.Permits issued by the Department of Environmental Protection or a water management district pursuant to part II of chapter 373 for land subject to a development agreement under ss. 163.3220-163.3243 in which the permittee and the developer are the same or a related entity.The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted as specified in s. 380.06(7)(c).The expiration of a development permit or development agreement authorized by Florida Statutes, including those authorized under the Florida Local Government Development Agreement Act, or issued by a local government or other governmental agency.
1. The expiration of a development order issued by a local government.
2. The expiration of a building permit.
3. The expiration of a permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373.
4. Permits issued by the Department of Environmental Protection or a water management district pursuant to part II of chapter 373 for land subject to a development agreement under ss. 163.3220-163.3243 in which the permittee and the developer are the same or a related entity.
5. The buildout date of a development of regional impact, including any extension of a buildout date that was previously granted as specified in s. 380.06(7)(c).
6. The expiration of a development permit or development agreement authorized by Florida Statutes, including those authorized under the Florida Local Government Development Agreement Act, or issued by a local government or other governmental agency.

(b)

Within 90 days after the termination of the emergency declaration, the holder of the permit or other authorization shall notify the issuing authority of the intent to exercise the tolling and extension granted under paragraph (a). The notice must be in writing and identify the specific permit or other authorization qualifying for extension.

(c)

If the permit or other authorization for a phased construction project is extended, the commencement and completion dates for any required mitigation are extended such that the mitigation activities occur in the same timeframe relative to the phase as originally permitted.

(d)

This subsection does not apply to:A permit or other authorization for a building, improvement, or development located outside the geographic area for which the declaration of a state of emergency applies.A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.The holder of a permit or other authorization who is determined by the authorizing agency to be in significant noncompliance with the conditions of the permit or other authorization through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or an equivalent action.A permit or other authorization that is subject to a court order specifying an expiration date or buildout date that would be in conflict with the extensions granted in this section.
1. A permit or other authorization for a building, improvement, or development located outside the geographic area for which the declaration of a state of emergency applies.
2. A permit or other authorization under any programmatic or regional general permit issued by the Army Corps of Engineers.
3. The holder of a permit or other authorization who is determined by the authorizing agency to be in significant noncompliance with the conditions of the permit or other authorization through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or an equivalent action.
4. A permit or other authorization that is subject to a court order specifying an expiration date or buildout date that would be in conflict with the extensions granted in this section.

(2)

A permit or other authorization that is extended shall be governed by the laws, administrative rules, and ordinances in effect when the permit was issued, unless any party or the issuing authority demonstrates that operating under those laws, administrative rules, or ordinances will create an immediate threat to the public health or safety.

(3)

This section does not restrict a county or municipality from requiring property to be maintained and secured in a safe and sanitary condition in compliance with applicable laws, administrative rules, or ordinances.

Source: Section 252.363 — Tolling and extension of permits and other authorizations, https://www.­flsenate.­gov/Laws/Statutes/2024/0252.­363 (accessed Aug. 7, 2025).

252.31
Short title
252.32
Policy and purpose
252.33
Limitations
252.34
Definitions
252.35
Emergency management powers
252.36
Emergency management powers of the Governor
252.37
Financing
252.38
Emergency management powers of political subdivisions
252.39
Local services
252.40
Mutual aid arrangements
252.41
Emergency management support forces
252.42
Government equipment, services, and facilities
252.43
Compensation
252.44
Emergency mitigation
252.45
Lease or loan of state property
252.46
Orders and rules
252.47
Enforcement
252.50
Penalties
252.51
Liability
252.52
Liberality of construction
252.55
Civil Air Patrol, Florida Wing
252.60
Radiological emergency preparedness
252.61
List of persons for contact relating to release of toxic substances into atmosphere
252.62
Director of Office of Financial Regulation
252.63
Commissioner of Insurance Regulation
252.64
Protection of religious institutions
252.71
Florida Emergency Management Assistance Foundation
252.311
Legislative intent
252.351
Mandatory reporting of certain incidents by political subdivisions
252.355
Registry of persons with special needs
252.356
Emergency and disaster planning provisions to assist persons with disabilities or limitations
252.357
Monitoring of nursing homes and assisted living facilities during disaster
252.358
Emergency-preparedness prescription medication refills
252.359
Ensuring availability of emergency supplies
252.363
Tolling and extension of permits and other authorizations
252.365
Emergency coordination officers
252.371
Emergency Management, Preparedness, and Assistance Trust Fund
252.372
Imposition and collection of surcharge
252.373
Allocation of funds
252.385
Public shelter space
252.391
Emergency financial plans
252.515
Postdisaster Relief Assistance Act
252.3568
Emergency sheltering of persons with pets
252.3569
Florida state agricultural response team
252.3611
Transparency
252.3655
Natural hazards interagency workgroup
252.3711
Emergency Preparedness and Response Fund
252.3712
Nonprofit Security Grant Program

Current through Fall 2025

§ 252.363. Tolling & extension of permits and other authorizations's source at flsenate​.gov