Community associations may soon have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019 only provides that certain qualifying permits and authorizations are eligible for an extension once certain “natural emergency” States of Emergency are declared the current COVID-19 pandemic does not appear to fall under the definition of a “natural emergency.” This notwithstanding, Florida lawmakers could still adopt legislation providing community associations and other permit holders the ability to obtain extensions in response to COVID-19’s impacts on the statewide real estate market. Building Officials also have the authority to grant or otherwise extend permits, and some Florida jurisdictions have already done so. For example, the City of Miami Beach is now providing a one-month extension of permits or violations otherwise set to expire between March 16, and April 16, 2020. If your community association holds permits or other authorizations in Florida and would like assistance in reviewing and evaluating possible opportunities for extension to preserve your development rights in light of COVID-19, please do not hesitate to contact Kathleen O. Berkey, Esq., AICP.
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