Rulemaking and Regulatory Meetings

PURPOSE: The Northern Everglades and Estuaries Protection Program (NEEPP or Section 373.4595, Florida Statutes [F.S.]) directs the Florida Department of Environmental Protection (FDEP), the Florida Department of Agriculture and Consumer Services (FDACS), and the South Florida Water Management District (District) to work together to reduce pollutants and achieve water quality standards in the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds through FDEP Basin Management Action Plans (BMAPs) and Total Maximum Daily Loads (TMDLs) program (Section 403.067, F.S.). 

The District is required by law to, at a minimum: 

• Amend Chapter 40E-61 of the Florida Administrative Code (F.A.C.), also known as the Lake Okeechobee Works of the District Basin rule, to be consistent with NEEPP and Section 403.067 F.S.; 
• Adopt new rules for the Caloosahatchee and St. Lucie River Watersheds; 
• Provide a water quality monitoring program for nonpoint source dischargers required to monitor under Section 403.067 F.S.; and 
• Provide for the results of that monitoring to be reported to the coordinating agencies.

Based on this legislative directive, the District initiated rulemaking to amend 40E-61 F.AC. You may check for the latest updates under "STATUS AND INFORMATION" below. 

WHO IS AFFECTED? 

Maps of potentially affected geographic areas may be viewed at the following link:

Link to map of current Chapter 40E-61, F.A.C., regulated boundary and Northern Everglades and Estuaries Protection Program Boundaries 

PUBLIC ENGAGEMENT 

SFWMD is encouraging extensive public engagement through this website and public workshops located throughout the Northern Everglades. 

The completed public workshop #1 schedule may be viewed at the following link. Future workshops will be posted with at least 2 weeks notice:

Link to completed Workshop #1 Schedule

If you would like to be added to the list of stakeholders on record at SFWMD, please sign up at: 

Link to request to be added to the Stakeholder List

If you would like to submit a comment, please go to the following link. All comments submitted are public record. 

Link to leave a comment on 40E-61 rule amendments

All comments received by SFWMD, regardless of how they were submitted, are public record and will be posted at the link below. 

Link to View 40E-61 Public Comments Submitted to SFWMD 

WHO TO CONTACT FOR MORE INFORMATION:

Steffany Olson, Science Supervisor, 561-682-2759, solson@sfwmd.gov

Carmela Bedregal, Section Leader, 561-682-2737, cbedrega@sfwmd.gov

Jodie Hutchins, Lead Engineer, 561-682-2147, jhutchin@sfwmd.gov

STATUS AND INFORMATION: 

• January 23, 2020:  Round 2 Public Workshops will begin in April 2020 to allow additional time for receiving public comments, drafting rule text, and distributing draft rule text to the public in advance of the workshops. 

• November 20, 2019: West Palm Beach, Florida, Rulemaking Workshop #1. In summary, a presentation (see link below) was provided by Steffany Olson followed by questions and comments (summarized at the link above to "View 40E-61 Comments Submitted to SFWMD"). 

          Link to West Palm Beach Meeting Agenda

          Link to Workshop #1 West Palm Beach Presentation 

          Link to West Palm Beach Meeting Sign-In Sheets

          Link to Meeting Handouts 

          Link to Video 

• November 19, 2019: Stuart, Florida, Rulemaking Workshop #1. In summary, a presentation (see link below) was provided by Steffany Olson followed by questions and comments (summarized at the link above "View 40E-61 Public Comments Submitted to SFWMD").

          Link to Stuart Meeting Agenda 

          Link to Workshop #1 Stuart Presentation 

          Link to Stuart Meeting Sign-In Sheets 

          Link to Meeting Handouts 

          Link to Video 

• November 19, 2019:  Kissimmee, Florida, Rulemaking Workshop #1. In summary, a presentation (see link below) was provided by Steffany Olson followed by questions and comments (summarized at the link above "View 40E-61 Public Comments Submitted to SFWMD").

          Link to Kissimmee Meeting Agenda

          Link to Workshop #1 Kissimmee Presentation 

          Link to Kissimmee Meeting Sign-In Sheets

          Link to Meeting Handouts

          Link to Video

• November 15, 2019: Fort Myers, Florida, Rulemaking Workshop #1. In summary, a presentation (see link below) was provided by Steffany Olson followed by questions and comments (summarized at the link above "View 40E-61 Public Comments Submitted to SFWMD"). 

          Link to Fort Myers Meeting Agenda

          Link to Workshop #1 Fort Myers Presentation 

          Link to Fort Myers Meeting Sign-In Sheets

          Link to Meeting Handouts 

          Link to Video 

• November 5, 2019: Okeechobee, Florida, Rulemaking Workshop #1. In summary, a presentation (see link below) was provided by Steffany Olson followed by questions and comments (summarized at the link above to "View 40E-61 Public Comments Submitted to SFWMD"). 

          Link to Okeechobee Meeting Agenda

          Link to Workshop #1 Okeechobee Presentation 

          Link to Meeting Sign-In Sheets

          Link to Meeting Handouts

          Link to Video

• November 4, 2019: SFWMD Press Release regarding upcoming Rule Development Workshops

          Link to Press Release

• October 10, 2019: At the Governing Board meeting, Discussion Agenda item 25, “Initiate Rule Development to Revise Chapter 40E-61, Florida Administrative Code, Works of the District Notice of Rule Development”, the Governing Board authorized staff to publish a Notice of Rule Development to begin the rule development process and to hold public workshops to seek stakeholder input.

       Link to Chapter 40E-61, Florida Administrative Code, Works of the District Notice of Rule Development Presentation

• September 12, 2019: Governing Board meeting, Consent Agenda item 27, “Fiscal Year 2019-2020 Annual Regulatory Plan”,  the Governing Board approved staff to certify to the Joint Administrative Procedure Committee that the Governing Board reviewed the Annual Regulatory Plan and that the District reviewed its rules to determine if they remain consistent with the District’s rulemaking authority and the laws implemented. Chapter 40E-61, F.A.C., is listed in Part III of the plan. The plan may be reviewed at the link below.

         Link to SFWMD Fiscal Year 2019-2020 Annual Regulatory Plan

• August 8, 2019: At the Governing Board meeting, Discussion Agenda item 26, “Process for Amending Chapter 40E-61, Florida Administrative Code (F.A.C.), Lake Okeechobee Works of the District Basin Rules” was presented. The presentation and handouts may be reviewed at the following link. 

         Link to Process for Amending Chapter 40E-61, F.A.C., presentation

         Link to handouts