Why Doesn't/Didn't KCB Toll Building Permits?

"We have a protocol" Mayor Foster said.

Unfortunately, that protocol seems to be to "do whatever the commissioners want right then" without consideration of law or ordinance.

People Are Asking for an explanation of the city "protocol" that requires an extension for a building permit that was automatically tolled by two different state laws.

Florida Statute §252.363 mandates that a state of emergency "tolls" (extends) all building permits until the emergency declaration ends. The law also extends the rights of those permits for 24 months beyond the last day of the emergency declaration (the tolled period).

Under Florida Building Code 105.4.1, a residential building permit is extended (tolled) for 180 days each time an approved inspection is completed. As long as an inspection is passed within that time frame, the permit remains valid and active.

Within 90 days after the termination of the emergency declaration, permit holders may claim two additional years to work under their building permits beyond that initial period, also at no additional cost. As of April, 2026, that two years could keep all current KCB building permits open until May 23, 2028, although the builders can close a permit whenever they finish the job.

KCB has a history of selectively ignoring the Florida law that requires the automatic extension of building permits--at no additional cost to the permit holder--during states of emergency such as those declared for Hurricanes Helene and Milton. Those states of emergency currently remain in effect today. Further, building official Roussin wrote "the City has a more restrictive rule in our codes which supersedes the six month after inspection" regulation. The State of Florida has not approved either "protocol."

The City may have a proprietary interest in requiring permit holders to buy extension or continuation permits instead of following the law. The city can charge thousands or tens of thousands of dollars for a single extension.

States of emergency automatically tolled all building permits in KCB during the following periods (as of 4/16/2026):

9/4/2017 through 4/2/2019 for Hurricane Irma

8/28/2019 through 6/26/2021 for Hurricane Dorian, then COVID-19

7/3/2021 through 9/4/2021 for Hurricane Elsa

9/23/2022 through 5/23/2026 for Hurricanes Ian, Helene, and Milton

At the October 28, 2021, regular meeting, the commission voted that the building permit for 680 11th Street had expired and ordered the owner to buy a 180-day extension, ignoring not only the timely plumbing and electrical inspections but also that the extended rights for Executive Order 21-152 covering Hurricane Elsa had tolled that building permit. Then they did it again. On January 10, 2023, the city claimed their mandated continuation permit on that project had expired, ignoring the timely final A/C inspection and that Executive Order 22-268 covering Hurricane Ian had tolled that continuation permit.

At their May 16, 2024, regular meeting, the commission voted on building permit extensions for

230 15th Circle

1250 Coury Drive

760/770 and 780/790 10th Street

400 Sadowski Causeway

260 15th Circle

Mayor Raspe combined the requests into one bulk approval. Vice-Mayor Foster moved to order the builders to buy extensions. Commissioner Colonell seconded. The motion passed unanimously.

At their June 11, 2025, regular meeting, the commission unanimously ordered a building permit extension for the property located at 130 8th Street. Work had not been started. Although the permit was automatically tolled by state law, the owner was told to ask the commission for a 90-day extension "to avoid the requirement to buy a new permit before construction was started." Per the city of Key Colony Beach the permit was later canceled on 12/23/2025.

Executive Orders 25-102, 25-119, and 25-125 and their renewals covering Hurricanes Helene, Milton, and Ian tolled the rights of all building permits, including the requirements to commence or complete construction at Sadowski Causeway, 8th Street, 10th Street, Coury Drive, and 15th Circle, in May and June of 2025.

The agenda for the April 16, 2026, regular meeting showed the commission would approve building permit extensions for

1250 Coury Drive (expired 03-20-2026)

200 13th Street (expiring 04-23-2026)

260 15th Circle (expiring 04-23-2026

300/400 Sadowski Causeway Restaurant (expiring 05-22-2026)

The building official quoted city code that "Extension fees are 10% of the original building fees per month. Continuation permit: The fee is 15% of the original building fees per month and the time frame for completion is determined by the city commission ."

The commission deleted "item I" to approve those building permit extensions because those permits were tolled by the emergencies declared by Executive Orders 26-231 or 26-242 for Hurricanes Helene and Milton.