Rulemaking and Regulatory Meetings

PURPOSE & EFFECT: This rulemaking effort is limited to addressing comments received from the Joint Administrative Procedures Committee (JAPC). District staff proposes to amend existing Rules 40E-21.221, .251, .275, .and .551, F.A.C., to clarify language and delete unnecessary language in Rule 40E-21.421, F.A.C. The District is also working with the JAPC attorney to address her comments regarding 40E-21.271(2) & (3), F.A.C.

STATUS: District staff will request authorization from the Governing Board to publish a Notice of Rule Development on May 10, 2018, beginning at 9 a.m., at Hyatt Place Marathon, 1996 Overseas Highway, Marathon, FL 33050.

DOCUMENTS & DRAFTS:

• Draft Notice of Rule Development [PDF]
• Memorandum to Governing Board Re: Chapter 40E-21, Water Shortage Plan – May 10, 2018 [PDF]
• Draft Amendments to Chapter 40E-21, Water Shortage Plan [PDF]

PURPOSE: By November 1 of each year, the District is required by statute to publish a notice of rule development for items in its Regulatory Plan resulting from new laws. In 2016, the Florida Legislature amended Section 373.4595, Florida Statutes (F.S.), the Northern Everglades and Estuaries Protection Program (NEEPP), directing the District and FDEP to provide a water quality monitoring program for nonpoint source dischargers not implementing Best Management Practices in the Northern Everglades Watersheds, as required by Section 403.067, F.S. Specifically, NEEPP directs the District to amend Chapter 40E-61, Florida Administrative Code (F.A.C.) and to adopt new rules. The existing rules govern specified basins within the District which are integral to operation, maintenance, and protection of District water resources. The rules name and adopt “Works of the District” canals, water control structures, rights-of-way, lakes and streams, and other water resources for which the District has responsibility or owns. The rules establish criteria to ensure that use of or connection to the named works or lands are compatible with the District’s ability to carry out the objectives of legislative declarations of policy in Sections 373.016 and 373.451 - 373.4595, F.S. The rules will be amended to be consistent with FDEP’s rulemaking efforts resulting from NEEPP directives.

STATUS: The Notice of Rule Development was published in the Florida Administrative Register on November 1, 2016. As this will be a multi-agency coordination effort with multiple aligning procedural steps, formal activities associated with this effort are anticipated to begin no earlier than January 2017.

• Notice of Rule Development [PDF]

PURPOSE: These rules establish the methods used to measure the phosphorous discharge from the Everglades Agricultural Area (EAA), as required by the Everglades Forever Act, Section 373.4592, Florida Statutes. Under this statute, the District assesses compliance with a 25 percent reduction in phosphorus load in discharges in comparison with the phosphorus levels measured during an established period prior to the Best Management Practices program being implemented. Since the rules were last amended, the District has completed several projects, such as Stormwater Treatment Area (STA) 3/4, the STA-2 expansion, the A-1 Flow Equalization Basin and the Lake Okeechobee Diversion Projects. These projects affect the boundary inflow and outflow points used in these calculations. Amendments to Rules 40E-63.091, 40E-63.104 and 40E-63.106, F.A.C., will update the calculations to account for these projects and include hyperlinks to incorporated materials in accordance with Section 120.54(1)(i)3., F.S., and Rule 1-1.013, F.A.C.

STATUS: A Notice of Proposed Rule will be published in the Florida Administrative Register on December 22, 2017. If requested, within 21 days of the date of the notice (on or before January 12, 2017), a hearing will be held on March 8, 2018, beginning at 9 a.m., at the South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406.

Proposed amendments to Chapter 40E-63, F.A.C., can be found at the links below under the Associated Documents section of this page. Comments or questions may be submitted by email to Carmela Bedregal, P.E., Section Lead, Bureau of Everglades Technical Support, Everglades Policy and Coordination Division, at cbedrega@sfwmd.gov (phone: 561-682-2737).

PRIOR ACTIVITIES:

December 14, 2017 – The SFWMD Governing Board granted authorization to publish a Notice of Proposed Rule and adopt amendments to Rules 40E-63.091, 40E-63.104, and 40E-63.106, F.A.C., and the incorporated Appendices A1, A3, A3.1, A3.2, and A4, regarding the District’s Best Management Practices Program in the Everglades Agricultural Area, provided no changes are made to the proposed rules and no requests for public hearing are received within 21 days of publication. The request was held at 9 a.m. at the South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406.

July to October 2017 – Draft rule language was posted and available for public comment. The original deadline for providing public comments was September 12, 2017. However, the deadline was extended to October 16, 2017, to provide additional time for interested parties that may have been impacted by Hurricane Irma. Draft amendments to Chapter 40E-63, F.A.C., and public comments received are presented at the links below under the Associated Documents section of this page.

August 29, 2017 – A rule development workshop was held 2–3 p.m. at the South Florida Water Management District (SFWMD), Bill Storch Conference Room, 3301 Gun Club Road, West Palm Beach, FL 33406. Associated documents are at the links below.

July 13, 2017 – Authorization to publish a Notice of Rule Development was granted by the SFWMD Governing Board, which was held at 9 a.m. at the South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406. Associated documents are at the links below.

ASSOCIATED DOCUMENTS:

• Notice of Proposed Rule – Posted in the Florida Administrative Register on December 22, 2017 [PDF]
• Proposed Amendments to Chapter 40E-63 Appendices A1, A3, A3.1, A3.2 and A4 for Dec. 14, 2017, Governing Board Meeting – Posted Dec. 15, 2017 [PDF]
• Proposed Amendments to Chapter 40E-63 for Dec. 14, 2017, Governing Board Meeting – Posted Nov. 14, 2017 (with markup) [PDF]
• Public Comments Submitted to Date [PDF]
• Draft Amendments to Appendix A1 of Chapter 40E-63 – August 2017 [PDF]
• Draft Amendments to Chapter 40E-63 and Appendices A3, A3.1, A3.2 and A4 – July 2017 [PDF]
• Presentation: Rule Development Workshop – Aug. 29, 2017 [PDF]
• Agenda for the Rule Development Workshop – Aug. 29, 2017 [PDF]
• Notice of Rule Development [PDF]
• Everglades Works of the District Program

The Florida Department of Environmental Protection (DEP) is in the rulemaking process to amend rules in Chapter 62-330, F.A.C., and the Environmental Resource Permit Applicant's Handbook Volume I. The amendments to Chapter 62-330, F.A.C., streamline regulatory processes, provide clarifications, make technical corrections, reduce redundant submittal requirements, improve cooperation with federal permitting programs, revise the application and notice form and provide exemptions for certain de minimis activities.

For more information about the rulemaking process, visit DEP's website at floridadep.gov/water/water/content/water-resource-management-rules-development. (OGC No. 0376)

The Notice of Proposed Rule is also available on the Department of State’s website at  www.flrules.org/Gateway/View_notice.asp?id=20000253.