NOTICE OF INTENT TO ADOPT RULES OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT Rule 40E-2.091, F.A.C., and the incorporated "Applicant's Handbook for Water Use Permit Applications Within the South Florida Water Management District" (SFWMD's Applicant's Handbook) SUMMARY: Chapter 2024-180, Laws of Florida (SB1386), which went into effect on July 1, 2024, requires water management districts to develop rules by December 31, 2025, to promote the use of reclaimed water and encourage quantifiable potable water offsets with specific requirements for such rules. The District is implementing SB1386 by proposing to amend Rule 40E-2.091, Florida Administrative Code, and the incorporated Applicant's Handbook for Water Use Permit Applications, to add new subsection 1.5.1 E, to allow for consumptive use permit (CUP) durations up to 30 years and CUP extensions up to 10 years if a water supply development or water resource development project using reclaimed water meets certain conditions under the new subsection 373.250(9), F.S. On October 9, 2025, the SFWMD's Governing Board adopted the proposed rule and authorized SFWMD staff to publish a Notice of Proposed Rule. Any affected person may request a public hearing on the rules within 21 days of the date the Notice of Proposed Rule is published in the Florida Administrative Register. If no request for a public hearing is timely received and no material changes are made to the proposed rules, the SFWMD will proceed with filing the proposed rules for adoption with the Department of State. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The SFWMD has determined that the proposed rules will not have an adverse impact on small businesses and is not likely to increase, directly or indirectly, regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. The District has not prepared a Statement of Estimated Regulatory Costs (SERC). The District has determined that the proposed rule is not expected to require legislative ratification. A copy of the proposed Rule 40E-2.091, F.A.C., and the proposed SFWMD's Applicant's Handbook for Water Use Permit Applications may be obtained on the District's website at https://www.sfwmd.gov/doing-business-with-us/rules, and the Notice of Proposed Rule may be obtained on the Department of State's website at http://www.flrules.org, where you may subscribe to receive copies of further notices for this or other rule chapters or types of notices of interest. For more information, contact: Simon Sunderland, Bureau Chief, Water Use - Regulation, ssunder@sfwmd.gov or (561) 682-2705. October 17 2025 LSAR0388033