Press enter to begin your search
mobile logo
 
Construction Law Authority / Articles posted by Kathleen O. Berkey, AICP

Update: Opportunity To Extend Certain Permits Due to Hurricane Ian Continues

July 13, 2023
Kathleen O. Berkey, AICP
Insight

Section 252.363(1)(a), Florida Statutes (2023), as amended by Section 4, Chapter 2023-304, Laws of Florida (SB 250, which applies retroactively to September 28, 2022 and which was signed into law by the Governor on June 28, 2023), provides that certain qualifying permits and authorizations are eligible for an extension once a state of emergency  for a natural emergency is issued by the Governor for the length of time the state of emergency is in effect, plus an additional twenty-four (24) months. A written request for such an extension must be submitted to the authorizing governmental agency within ninety (90) days after the state of emergency has expired (§ 252.363(1)(b), Florida Statutes). Six (6) types of permits and authorizations qualify for an extension under these circumstances:...

Read More

Opportunity To Extend Certain Permits Due to Hurricane Ian

October 10, 2022
Kathleen O. Berkey, AICP
Insight

Section 252.363(1)(a), Florida Statutes (2022), provides that certain qualifying permits and authorizations are eligible for an extension once a state of emergency is issued by the Governor for the length of time the state of emergency is in effect, plus an additional six months. A written request for such an extension must be submitted to the authorizing governmental agency within 90 days after the state of emergency has expired (§252.363(1)(b), Florida Statutes). Six types of permits and authorizations qualify for an extension under these circumstances:...

Read More

“Honey, Those Neighbors Are At It Again! Call Code Enforcement!”

February 15, 2022
Kathleen O. Berkey, AICP
Insight

There was a time, not so long ago, when Floridians could easily, and anonymously, report known or suspected violations of local ordinances and regulations to code enforcement. Neighbors could report their concerns about abandoned or unsafe structures, building without permits or by unlicensed contractors, unpermitted uses of property, noise violations, storing inoperable vehicles and junk, and letting the grass grow too tall. There are well-intentioned people who file legitimate complaints and trust that code enforcement will investigate the activity, and the property owner will do whatever it takes to comply. There are also people who use code enforcement as a weapon and the intention is less about nuisance abatement and code compliance and more about personal agendas and even harassment. Florida lawmakers intervened by ensuring that the accused violator will know the identity of the complainant, causing those who misuse and abuse the complaint system to think twice....

Read More

Florida Supreme Court Rules COVID-19 Pandemic Constitutes “Natural Emergency”

July 9, 2020
Kathleen O. Berkey, AICP
Article

Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once certain States of Emergency are declared for the length of time the declaration is in effect plus an additional six (6) months. A written request for such an extension must be submitted to the authorizing governmental agency within ninety (90) days after the State of Emergency has expired. § 252.363(1)(b), Florida Statutes. Four types of permits and authorizations qualify for an extension under these circumstances:...

Read More