Fla. Admin. Code R. 40B-2.321
Duration of Permits
Effective Nov 20, 2025Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.016, 373.019, 373.023, 373.042, 373.0421, 373.083, 373.103, 373.116, 373.117, 373.1175, 373.118, 373.171, 373.185, 373.216, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.244, 373.246, 373.250 FS.Water Management Districts
- (1) Pursuant to Section 373.236, F.S., the District shall issue permits with 20-year durations when the applicant requests a 20-year duration as part of its permit application and provides reasonable assurance that the District’s conditions for permit issuance will be met for 20 years.
- (2) The Governing Board is authorized to issue permits for periods greater than 20 years pursuant to Sections 373.236(3), (5)(a), (5)(b)1., (6)(a), and (7), F.S.; and Sections 373.250(9)(a) and (b), F.S.
- (3) The Governing Board shall require ten-year compliance reports for permits with 20-year or longer durations issued pursuant to subsection (2) above when necessary to maintain reasonable assurance that the initial conditions for permit issuance will continue to be met for the 20-year or longer duration. Data requirements for ten-year compliance reports are listed in Section 4.4 of the Water Use Permit Applicant’s Handbook.
- (4) All other permits shall have shorter durations based upon the period of time for which reasonable assurances are provided that the District’s conditions for permit issuance are met. Special duration factors listed in Section 1.5 of the Water Use Permit Applicant’s Handbook shall be considered in determining permit durations.
- (5) Nothing herein shall preclude or otherwise prevent the Governing Board from terminating, revoking, or temporarily suspending any permit in accordance with these rules or taking such other action as may be provided for in the permit.
(6) An applicant is eligible for a permit duration of up to thirty years if the applicant proposes a new water supply development or water resource development project using reclaimed water that meets the advanced waste treatment standards for total nitrogen and total phosphorous as defined in paragraph 403.086(4)(a), F.S. (2025), as part of an application for consumptive use, provided the following conditions are met:
- (a) The applicant submits sufficient data to provide reasonable assurance that the conditions for permit issuance will be met for the duration of the permit; and
- (b) The applicant demonstrates how the quantifiable savings of the source utilized by the applicant associated with the new water supply development or water resource development project either meets water demands beyond a 20-year permit duration or is completed for the purpose of meeting the requirements of a prevention or recovery strategy established pursuant to section 373.0421, F.S. (2025); and
- (c) The applicant demonstrates a reasonable-beneficial water demand for the permit’s allocation through the permit duration; and
- (d) The specific permit duration shall be calculated based on the following factors: the quantity of potable water offsets that will produce significant water savings, quantity of groundwater made available by the development of impact offsets, the duration for which the impact offset as defined in subparagraph 373.250(5)(a)1., F.S. (2025), addresses potential impacts to a minimum flow or minimum water level in prevention or recovery, the project implementation timeframe, and the demonstration of water demand, as calculated at the time of the application; and
- (e) The new water supply or water resource development project will be completed and operational within the first twenty years of the issued permit duration; and
- (f) The applicant provides documentation of the quantification of the amount of potable resources saved through the use of reclaimed water for new water supply development projects, or the offset provided to the source of water utilized by the applicant for new water resource development projects; and
- (g) The use of the reclaimed water must be in the ownership or control of the entity receiving the extended duration; and
- (h) A project shall be considered new when completed and operational during the term of the permit and after the effective date of this rule.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.016, 373.019, 373.023, 373.042, 373.0421, 373.083, 373.103, 373.116, 373.117, 373.1175, 373.118, 373.171, 373.185, 373.216, 373.219, 373.223, 373.226, 373.227, 373.228, 373.229, 373.232, 373.236, 373.239, 373.244, 373.246, 373.250 FS. History–New 10-1-82, Amended 1-6-10, 3-24-14, 11-20-25.