What Effect Does the Governor's Emergency Orders have on Existing Permits?
Executive order 20-52, issued on March 9th, 2020, qualifies as an ‘emergency declaration’ pursuant to Florida law. Executive order 20-114 has extended EO 20-52 for an additional 60 days and is set to expire on July 7th, 2020. Any permit with an expiration date from March 9th, 2020 through July 6th, 2020 will not expire until July 7th, 2020.
Applicability of Extension Fee
Extension fee(s) will apply to the following circumstances:
- Permits having expired on or before March 8th, 2020 are NOT exempt and an extension fee will be applied.
- Permits expiring on or after July 7th, 2020 are NOT exempt and an extension fee will be applied.
Important- Chapter 252.363, F.S., allows for an additional 6 month tolling period when a formal request is made within the first 90 days from the date Executive Order 20-52 expires (May 8th, 2020). The formal request needs to detail the hardship incurred due to COVID-19 and be accompanied with an extension form.
Extension fee(s) will NOT apply to the following circumstances:
- Contractors or Owner-builders who formally request an additional 6 month tolling period within the first 90 days from the date Executive Order 20-52.
- Permits having expired on or after May 8th, 2020 where a prior attempt was made to schedule an inspection and the inspection outcome was either ‘Failed No Fee’, ‘Cancelled by Contractor’, or ‘Cancelled by Inspector’.
- These outcomes are a result of ensuring the health and safety all responsible parties involved in the inspection process.
- This would ONLY apply for inspections having taken place during time period of Executive order 20-52 being enacted.
The BPRS group assists property owners and contractors in resolving open and expired building permits. We also work closely with title and real estate companies, and prospective buyers to address permit issues that arise through the sale of a structure utilizing our property search services.
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