30659001, 40D-2.321 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30659001

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.321

Duration of Permits

PURPOSE:

Chapter 2024-180, Laws of Florida, required water management districts to develop rules promoting reclaimed water use and encouraging quantifiable potable water offsets with specific requirements for such rules. The purpose and effect of the proposed amendments was to create rule amendments to allow for a water use permit (WUP) duration up to 30 years and WUP extensions up to 10 years if a water supply development or water resource development project using reclaimed water meets certain conditions under new subsection 373.250(9), F.S. (in Rules 40D-2.321 and 40D-2.331, F.A.C.) The District recently adopted rule amendments to comply with this statutory mandate. However, the District has discovered errors in its amendments to Rule 40D-2.321, F.A.C. This rulemaking is to correct those errors.

SUBJECT:

This rule development will cover the amendment of a District rule concerning longer water use permit durations for certain projects using reclaimed water that meet subsection 373.250(9), F.S.

RULEMAKING AUTHORITY:

373.044, 373.103, 373.113, 373.171, 373.250 FS.

LAW:

373.103, 373.171, 373.219, 373.223, 373.227, 373.236, 373.250 FS

PRINT PUBLISH DATE:

3/18/2026 Vol. 52/53

RELATED STATUTES
AND LAWS:

373.044, 373.103, 373.113, 373.171, 373.250 FS., 373.103, 373.171, 373.219, 373.223, 373.227, 373.236, 373.250 FS

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40D-2.321&PDate=3/18/2026&Section=1

REFERENCE MATERIALS:

No reference(s).

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