Development Approval Extension Executive Orders

DEVELOPMENT APPROVAL EXTENSION EXECUTIVE ORDERS
Posted on 08/20/2024

DEVELOPMENT APPROVAL EXTENSION

EXECUTIVE ORDERS 22-253, 22-255, 22-256, 23-02, 23-48, 23-87, 23-133, 23-170, 23-211, 23-243, 24-32, 24-72, and 24-116

Florida Statute Section 252.363 “Tolling and extension of permits and other authorizations.” This statute allows for the tolling and extension to the expiration of a development order issued by a local government, the expiration of a building permit and to developments of regional impact build out dates (and other defined permits and development orders) for emergency declarations covering the time period for the declaration and twenty-four months following the tolled period.

Hurricane Nicole (Executive Orders 22-253, 22-255, 22-256, 23-02, 23-48, 23-87, 23-133, 23-170, 23-211, 23-243, 24-32, 24-72, and 24-116):

On November 7, 2022, Executive Order 22-253 (State of Emergency for Subtropical Storm Nicole) was declared for certain counties in Florida, including Manatee. Executive Order 22-253 was in effect for up to sixty (60) days, and as such any application for extension under F.S. 252.363 which meets requirements and is within the geographic area covered by the Executive Order, is eligible for an extension up to sixty (60) days plus twenty-four (24) months.

On November 9, 2022, Executive Order 22-255 amended and restated Executive Order EO 22-253 (State of Emergency for Subtropical Storm Nicole) to include additional counties.

On November 10, 2022, Executive Order 22-256 amended and restated Executive Order EO 22-253 (State of Emergency for Subtropical Storm Nicole) to encompass the entire State of Florida.

Executive Order 22-253 was amended & restated beginning on January 2, 2023, with the following Executive Orders 23-02, 23-48, 23-87, 23-133, 23-170, 23-211, 23-243, 24-32, 24-72, 24-116 and terminated on August 13, 2024.

Executive Orders 22-253, 22-255, 22-256, 23-02, 23-48, 23-87, 23-133, 23-170, 23-211, 23-243, 24-32, 24-72, and 24-116 were in effect for six hundred and forty-six (646) days, and as such any application for extension under F.S. 252.363 which meets the requirements and is within the geographic area covered by the Executive Order, is eligible for an extension up to six hundred and forty-six (646) days plus twenty-four (24) months. 


THE WINDOW FOR NOTIFICATION TO THE LOCAL GOVERNMENT IS:

August 14, 2024 – November 12, 2024

Requests for this extension will only be accepted during this period. Requests received outside of this window for notification will not be processed. 

 

TO RECEIVE THE EXTENSION, THE FOLLOWING IS REQUIRED:

  1. Written Notice. As required by State Statutes, the County shall be notified in writing within 90 days after the termination of the emergency declaration (August 14, 2024 – November 12, 2024). This notice must identify the specific permit or other authorization qualifying for the extension. Please include the original written notice with your application. 
  2. Ownership Affidavit. In addition to written notice, an application and an ownership affidavit must be completed and submitted.  
  3. Corporate Ownership Articles of Incorporation, or recent copy of the Annual Report listing Authorized Signatory. A copy may be obtained from the Florida Department of State, Division of Corporations (Sunbiz.org).
  4. Certificate Level of Service (CLOS) approval document. Most recent copy
  5. Latest site plan approval document. Showing approval date, expiration, and record number (i.e. BOCC approved Development Order, Zoning Ordinance, PSP; administrative approval letter for PSP, FSP, PP, etc.)
  6. Any other extension approval document, if applicable
  7. Fees. There is a separate fee per approval type (i.e. FSP, PSP, PP, CLOS, etc.)

A separate application and separate fee is required per plan/certificate type

Final Site Plan (FSP) Extension:

$70.00

Preliminary Site Plan (PSP) Extension:

$70.00

Preliminary Plat (PP) Extension:

$70.00

CLOS Extension:

$425.00

Please Note:

Separate applications and ownership affidavits must be submitted for each application type (i.e. PSP, FSP, SP, CLOS, etc.) 

Executive Order extensions cannot be combined with any other extension request (House Bill extensions, LDC extensions, etc.) 

Development Orders and Zoning Ordinances (PSP, GDP) associated with a Development of Regional Impact (DRI) can be processed under one application and one fee as the build out dates and expiration dates typically run together. 

If your request meets the qualifications, an approval letter will be issued showing the extended expiration date. If your request does not meet the provisions of State Statute 252.363, a written response shall be provided indicating the reason(s) for the denial and a refund will not be issued.

No other changes to the previously approved development orders will be reviewed or approved with this request. Please keep in mind that all conditions of the original approval will remain in effect, except if it is demonstrated that the conditions in effect at the time the development order was issued would create an immediate threat to public safety or health. 


DEADLINE FOR SUBMITTAL: NOVEMBER 12, 2024

Please Submit All Applications Online: 

https://aca3.accela.com/manatee/

If you should have any questions regarding an extension, please contact:

Teree Sutton – Development Services Department  

(941) 708-7450 x 7231

Email: [email protected]

For assistance with your Accela application, please contact the Reviewer on Call at (941) 748-4501 ext. 6894.