Section 40D-2.321 - Duration of Permits(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), (https://www.flrules.org/Gateway/reference.asp?No=Ref-05856), for the requested duration.(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), (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) 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), (https://www.flrules.org/Gateway/reference.asp?No=Ref-05856).(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) 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) 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) The District is authorized to issue permits for a period up to 37 years in accordance with Section 373.236(5)(b), F.S.Fla. Admin. Code Ann. R. 40D-2.321
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.
Readopted 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, Amended by Florida Register Volume 41, Number 179, September 15, 2015 effective 9/29/2015.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.