General Provisions - Development of Regional Impact Substantial Deviation Determination

  • A buildout date extension of 5 years or less is not a substantial deviation.
  • An extension of the date of buildout, or any phase thereof, of more than 5 years but not more than 7 years is presumed not to create a substantial deviation.
  • An extension of the date of buildout of a development of regional impact, or any phase thereof, by more than 7 years is presumed to create a substantial deviation subject to further development of regional impact review.
  • The extension of the date of buildout of an Areawide Development of Regional Impact by more than 5 years but less than 10 years is presumed not to create a substantial deviation.
  • These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government.
  • Any extension of the buildout date of a project or a phase thereof shall automatically extend the commencement date of the project, the termination date of the development order, the expiration date of the development of regional impact, and the phases thereof by a like period of time.

For the purpose of calculating when a buildout or phase date has been exceeded, the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits.

Buildout Date Extensions under Section 380.06, Florida Statutes, and Laws of Florida

In recognition of the downturn in the economy, beginning in 2007 the Legislature adopted a number of permit extensions that apply to development orders for developments of regional impact.

2007 Buildout Date Extension Added to Section 380.06(19)(c), Florida Statutes; Subsequently Deleted by Chapter 2011-139, Laws of Florida

In recognition of the 2007 real estate market conditions, all phase, buildout, and expiration dates for projects that are developments of regional impact and under active construction on July 1, 2007, were extended for 3 years regardless of any prior extension. The 3-year extension was not a substantial deviation, was not subject to further development of regional impact review, and could not be considered when determining whether a subsequent extension constitutes a substantial deviation under this subsection.

DEO Comments

  • To qualify for the extension, the developer had to demonstrate that the development was under active construction on July 1, 2007, either in the form of photographic dated evidence, active permits, or other supportive evidence.
  • This extension was repealed in 2011 by Senate Bill 7207.

2009 Buildout Date Extension, Footnote 3A to Section 380.06, Florida Statutes [Section 14, Chapter 2009-96, Laws of Florida]

This section reads as follows:

  • [I]n recognition of 2009 real estate market conditions, any permit issued by the Department of Environmental Protection or a water management district pursuant to part IV of chapter 373, Florida Statutes, that has an expiration date of September 1, 2008, through January 1, 2012, is extended and renewed for a period of 2 years following its date of expiration. This extension includes any local government-issued development order or building permit. The 2-year extension also applies to build out dates including any build out date extension previously granted under s. 380.06(19)(c), Florida Statutes. This section shall not be construed to prohibit conversion from the construction phase to the operation phase upon completion of construction.
  • The commencement and completion dates for any required mitigation associated with a phased construction project shall be extended such that mitigation takes place in the same timeframe relative to the phase as originally permitted.
  • The holder of a valid permit or other authorization that is eligible for the 2-year extension shall notify the authorizing agency in writing no later than December 31, 2009, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.

Certain exclusions identified in the legislation apply.

DEO Comments

  • To qualify the project must have had a buildout date between September 1, 2008, and January 1, 2012; and
  • The developer must have notified the local government by December 31, 2009, that it intended to rely on the extension or the extension was not available.

2010 Reaffirmation of 2009 buildout extension, Footnote 3C to Section 380.06, Florida Statutes [Section 47, Chapter 2010-147, Laws of Florida]

This section reads as follows:

  • (1)(b) The Legislature hereby reauthorizes: Any 2-year extension authorized and timely applied for pursuant to section 14 of Chapter 2009-96, Laws of Florida.

DEO Comments

  • The extension for projects with buildout dates or phase buildout dates between September 1, 2008, and January 1, 2012, was reauthorized to address a constitutional challenge to Chapter 2009-96, Laws of Florida.
  • The developer still had to have notified the local government by December 31, 2009, that it intended to rely on the extension or the extension was not available.

2010 Buildout Date Extension, Footnote 3B to Section 380.06, Florida Statutes [Section 46, Chapter 2010-147, Laws of Florida]

This section reads as follows:

  • (1)[A] development order issued by a local government, a building permit, and any permit issued by the Department of Environmental Protection or by a water management district pursuant to part IV of chapter 373, Florida Statutes, which has an expiration date from September 1, 2008, through January 1, 2012, is extended and renewed for a period of 2 years after its previously scheduled date of expiration. This 2-year extension also applies to buildout dates, including any extension of a buildout date that was previously granted under s. 380.06(19)(c), Florida Statutes. This section does not prohibit conversion from the construction phase to the operation phase upon completion of construction. This extension is in addition to the 2-year permit extension provided under section 14 of chapter 2009-96, Laws of Florida.
  • (2) The commencement and completion dates for any required mitigation associated with a phased construction project are extended so that mitigation takes place in the same timeframe relative to the phase as originally permitted.
  • (3) The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by December 31, 2010, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.

Certain exclusions identified in the legislation apply.

DEO Comments

  • To qualify for the extension, the development order must have had a buildout date or a phase buildout date between September 1, 2008, and January 1, 2012.
  • The developer had to notify the local government that it would rely on the extension by December 31, 2010, or the extension was no longer available.

2011 Buildout Date Extension I, Footnote 3D to Section 380.06, Florida Statutes [Section 73, Chapter 2011-139, Laws of Florida]

This section reads as follows:

  • (1)Any permit or any other authorization that was extended under section 14 of chapter 2009-96, Laws of Florida, as reauthorized by section 47 of chapter 2010-147, Laws of Florida, is extended and renewed for an additional period of 2 years after its previously scheduled expiration date. This extension is in addition to the 2-year permit extension provided under section 14 of chapter 2009-96, Laws of Florida, as reauthorized by section 47 of chapter 2010-147, Laws of Florida. This section does not prohibit conversion from the construction phase to the operation phase upon completion of construction. Permits that were extended by a total of 4 years pursuant to section 14 of chapter 2009-96, Laws of Florida, as reauthorized by section 47 of chapter 2010-147, Laws of Florida, and by section 46 of chapter 2010-147, Laws of Florida, cannot be further extended under this provision.
  • (2) The commencement and completion dates for any required mitigation associated with a phased construction project shall be extended such that mitigation takes place in the same timeframe relative to the phase as originally permitted.
  • (3) The holder of a valid permit or other authorization that is eligible for the 2-year extension shall notify the authorizing agency in writing by December 31, 2011, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.

Certain exclusions identified in the legislation apply.

DEO Comments

  • If extended under the 2009 legislation, the project may qualify for an additional two year extension of the buildout date.
  • However, if the project previously received a cumulative four year extension pursuant to the 2009 Footnote 3A and 2010 Footnotes 3B and 3C to section 380.06, Florida Statutes, then the buildout of the project may not be extended under this legislation. Cumulative extensions under all of the permit extensions/footnotes cannot exceed four years.
  • The developer had to notify the local government of its intent to rely on this extension by December 31, 2011, or the extension was no longer available.

2011 Buildout Date Extension II, Footnote 3E to Section 380.06, Florida Statutes [Section 79, Chapter 2011-139, Laws of Florida]

This section reads as follows:

  • (1) [I]n recognition of 2011 real estate market conditions, any building permit, and any permit issued by the Department of Environmental Protection or by a water management district pursuant to part IV of chapter 373, Florida Statutes, which has an expiration date from January 1, 2012, through January 1, 2014, is extended and renewed for a period of 2 years after its previously scheduled date of expiration. This extension includes any local government-issued development order or building permit including certificates of levels of service. This section does not prohibit conversion from the construction phase to the operation phase upon completion of construction. This extension is in addition to any existing permit extension. Extensions granted pursuant to this section; section 14 of chapter 2009-96, Laws of Florida, as reauthorized by section 47 of chapter 2010-147, Laws of Florida; section 46 of chapter 2010-147, Laws of Florida; or section 74 of this act shall not exceed 4 years in total. Further, specific development order extensions granted pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be further extended by this section.
  • (2) The commencement and completion dates for any required mitigation associated with a phased construction project are extended so that mitigation takes place in the same timeframe relative to the phase as originally permitted.
  • (3) The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by December 31, 2011, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.

Certain exclusions identified in the legislation apply.

DEO Comments

  • To qualify for the extension, the buildout date of the project or phases within the project must occur between January 1, 2012, and January 1, 2014.
  • If the project previously received a cumulative four year extension pursuant to footnotes 3A, 3B, 3C, or 3D to section 380.06, Florida Statutes, the project cannot be extended under this legislation. Cumulative extensions under all of the extensions/footnotes cannot exceed four years.
  • Reference above to Section 74 of this Act is an error. The reference should be to Section 73 of this Act.

2011 Buildout Date Extension III, Section 380.06(19)(c)2, Florida Statutes [Section 54, 2011-139, Laws of Florida]

This section reads as follows:

  • In recognition of the 2011 real estate market conditions, at the option of the developer, all commencement, phase, buildout, and expiration dates for projects that are currently valid developments of regional impact are extended for 4 years regardless of any previous extension. Associated mitigation requirements are extended for the same period unless, before December 1, 2011, a governmental entity notifies a developer that has commenced any construction within the phase for which the mitigation is required that the local government has entered into a contract for construction of a facility with funds to be provided from the development's mitigation funds for that phase as specified in the development order or written agreement with the developer. The 4-year extension is not a substantial deviation, is not subject to further development-of- regional-impact review, and may not be considered when determining whether a subsequent extension is a substantial deviation under this subsection. The developer must notify the local government in writing by December 31, 2011, in order to receive the 4-year extension.

DEO Comments

  • Allows for a four year extension of the buildout dates for all projects and phases of projects regardless of whether previous extensions were received.
  • Applies to all developments of regional impact regardless of the buildout or expiration date so long as the development order is valid on the effective date of the legislation.
  • The developer must notify the local government of its intent to rely on the buildout extension by December 31, 2011, or the extension was no longer available.

2012 Buildout Date Extension IVA [Section 32, Chapter 2012-205, Laws of Florida]

The law reads as follows:

  • (1) Any building permit, and any permit issued by the Department of Environmental Protection or by a water management district pursuant to part IV of chapter 373, Florida Statutes, which has an expiration date from January 1, 2012, through January 1, 2014, is extended and renewed for a period of 2 years after its previously scheduled date of expiration. This extension includes any local government-issued development order or building permit including certificates of levels of service. This section does not prohibit conversion from the construction phase to the operation phase upon completion of construction. This extension is in addition to any existing permit extension. Extensions granted pursuant to this section; section 14 of chapter 2009-96, Laws of Florida, as reauthorized by section 47 of chapter 2010-147, Laws of Florida; section 46 of chapter 2010-147, Laws of Florida; or section 74 or section 79 of chapter 2011-139, Laws of Florida, shall not exceed 4 years in total. Further, specific development order extensions granted pursuant to s. 380.06(19)(c)2., Florida Statutes, cannot be further extended by this section.
  • (2) The commencement and completion dates for any required mitigation associated with a phased construction project are extended so that mitigation takes place in the same timeframe relative to the phase as originally permitted.
  • (3) The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by December 31, 2012, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.

Certain exclusions identified in the legislation apply.

DEO Comments

  • The law became effective July 1, 2012.
  • To qualify for the extension the buildout date of the project or phases within the project must have been between January 1, 2012, and January 1, 2014.
  • If the project previously received a cumulative four year extension pursuant to footnotes 3A, 3B, 3C, 3D, or 3E to section 380.06, Florida Statutes, the project cannot be extended under this legislation/footnote. Cumulative extensions under all of the extensions/footnotes may not exceed four years.
  • The effect of this bill is to provide a one year extension to footnote 3E - to December 31, 2012 - for development of regional impact developers to notify the local government of their intent to rely on the buildout date extension.

2013 Buildout Date Extension IVB [Section 9, Chapter 2013-213, Laws of Florida]

The Law reads as follows:

  • (3) The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by October 1, 2013, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.

DEO Comments

  • The law became effective July 1, 2013.
  • The law is a 9-month extension of the date by which a developer must notify the local government of its intent to rely on the extension allowed under Chapter 2012-205, Laws of Florida (from December 31, 2012, to October 1, 2013).  It is not another extension opportunity.

2014 Buildout Date Extension V [Section 46, Chapter 2014-218, Laws of Florida]

The law reads as follows:

  • (1) Any building permit, and any permit issued by the Department of Environmental Protection or by a water management district pursuant to part IV of chapter 373, Florida Statutes, which has an expiration date from January 1, 2014, through January 1, 2016, is extended and renewed for a period of 2 years after its previously scheduled date of expiration. This extension includes any local government-issued development order or building permit including certificates of levels of service. This section does not prohibit conversion from the construction phase to the operation phase upon completion of construction. This extension is in addition to any existing permit extension. Extensions granted pursuant to this section; section 14 of chapter 2009-96, Laws of Florida, as reauthorized by section 47 of chapter 2010-147, Laws of Florida; section 46 of chapter 2010-147, Laws of Florida; section 46 of chapter 2019-147, Laws of Florida; or section 73 or section 79 of chapter 2011-139, Laws of Florida; or section 24 of chapter 2012-205, Laws of Florida, may not exceed 4 years in total. Further, specific development order extensions granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may not be further extended by this section.
  • (2) The commencement and completion dates for any required mitigation associated with a phased construction project are extended so that mitigation takes place in the same timeframe relative to the phase as originally permitted.
  • (3) The holder of a valid permit or other authorization that is eligible for the 2-year extension must notify the authorizing agency in writing by December 31, 2014, identifying the specific authorization for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization.

Certain exclusions identified in the statute apply.

DEO Comments

  • The law became effective July 1, 2014.
  • To qualify for the extension, the buildout date of the project or phases within the project must be between January 1, 2014, and January 1, 2016.
  • If the project previously received a cumulative four year extension pursuant to footnotes 3A, 3B, 3C, 3D, 3E, or 3G to section 380.06, Florida Statutes, the project may not be extended under this legislation. Cumulative extensions under all of the buildout extensions/footnotes may not exceed four years.
  • The developer must notify the local government of its intent to rely on the extension by December 31, 2014, or the extension will not be available.

Buildout Extensions Related to Declarations of Emergency

Section 252.363, Florida Statutes, Tolling and extension of permits and other authorizations

In 2011, the Legislature adopted section 252.363, Florida Statutes, to provide that permit expiration dates are tolled during a state of emergency declared by the Governor and are extended an additional six months after the emergency declaration expires. The tolling and extension provisions apply to a development of regional impact buildout date, including any extension of a buildout date that was previously granted pursuant to section 380.06(19)(c), Florida Statutes Certain exceptions identified in the statute apply. In order to rely on tolling and extensions based on an emergency declaration:

  • The development must be within the geographic area to which the declaration applies; and
  • The holder of the permit or other authorization must notify the issuing authority of its intent to exercise the tolling and extension provision in section 252.363, Florida Statutes, within 90 days after the termination of the emergency declaration.

Overlaps in Declarations of Emergency

When the period of tolling for two separate emergency events overlaps, the period of the overlap is counted only once and is not added together. The premise for tolling in this case is that the event may have rendered the development incapable of developing during the tolling period, but the incapability of developing during the emergencies cannot be measured twice for the same period of time. However, because the executive orders are separate orders for separate events, there are individual six month extensions to the tolling periods for each emergency declaration.

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