1. (1) When requested by an applicant, a WUP shall have a duration of 20 years provided the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (rev. 10/15), ( HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-05856" https://www.flrules.org/Gateway/reference.asp?No=Ref-05856), for the requested duration.
2. (2) If there are pre-existing adverse impacts resulting from the permittee’s existing permit that are being addressed through a mitigation plan that includes a minimum flow and recovery strategy that must be eliminated by the tenth year of the permit, the water use permit shall have a duration of 10 years provided that the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (rev. 10/15), ( HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-05856" https://www.flrules.org/Gateway/reference.asp?No=Ref-05856), for the permit’s duration. Subsection (3) shall not apply to a permit required to have a 10 year duration pursuant to subsection 40D-2.321(2), F.A.C.
3. (3) Permits that do not qualify for a 20 year permit duration pursuant to subsection 40D-2.321(1), F.A.C., shall be issued for a shorter duration that reflects the period for which the applicant has provided sufficient data to demonstrate such reasonable assurances that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant’s Handbook Part B, (rev. 10/15), ( HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-05856" https://www.flrules.org/Gateway/reference.asp?No=Ref-05856).
4. (4) The District is authorized to issue permits for a period up to 50 years in accordance with Section 373.236(3), F.S.
5. (5) Permits that are modified prior to renewal will maintain the original expiration date unless the applicant requests the modification be deemed by the District to be substantial as described in the WUP Applicant’s Handbook Part B Section 1.4.11, and treated as a renewal with modification. If the District determines that the criteria of the WUP Applicant’s Handbook Part B Section 1.4.11, are met, the application shall be processed as a renewal application with modification. Notwithstanding paragraph 40D-2.331(1)(b), F.A.C., a request for modification solely of the permit expiration date of a WUP issued from January 1, 2003 to December 31, 2012, shall be approved by letter, provided a Modification Short Form Application is submitted, the permit is in compliance with the criteria in Rule 40D-2.301, F.A.C. and all conditions of the permit, and the permit does not exceed the applicable permit duration provided in subsection 40D-2.321(1), F.A.C. or is a permit required to have a ten year duration pursuant to subsection 40D-2.321(2), F.A.C.
6. (6) Wholesale Public Supply Permits shall be issued with an expiration date that coincides with the expiration date of the supplier’s permit that provides the majority of the supply to the Wholesale Public Supply Permittee.
7. (7) The District is authorized to issue permits for a period up to 37 years in accordance with Section 373.236(5)(b), F.S.

8. (8) 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:

   1. (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
   2. (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
   3. (c) The applicant demonstrates a reasonable-beneficial water demand for the permit’s allocation through the permit duration; and
   4. (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
   5. (e) The new water supply or water resource development project will be completed and operational within the first 20-years of the issued permit duration; and
   6. (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
   7. (g) The use of the reclaimed water must be in the ownership or control of the entity receiving the extended duration; and
   8. (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, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.219, 373.223, 373.227, 373.236, 373.250 FS. History–New 10-5-74, Amended 12-31-74, 10-24-76, 1-6-82, 3-11-82, Formerly 16J-2.13, Amended 10-1-89, 7-28-98, 1-1-03, 1-1-07, 2-13-08, 12-30-08, 6-30-10, 1-1-13, 5-19-14, 9-29-15, 12-28-25, 6-17-26.