5M-1.001. Definitions

(1) “Applicable Best Management Practices” or “Applicable BMPs” means best management practices (BMPs) that have been adopted by Department rule in a BMP checklist and identified by the Enrollee and the Department for implementation on an Enrolled parcel.

(2) “Basin Management Action Plan” or “BMAP” means a plan adopted by the Florida Department of Environmental Protection pursuant to Section 403.067(7), F.S.

(3) “DEP” means the Florida Department of Environmental Protection.

(4) “Department” means the Florida Department of Agriculture and Consumer Services (FDACS).

(5) “Enrolled” means the status of a Producer or Landowner who has an active Notice of Intent for implementation of the Applicable BMPs identified during a site visit with Department representatives or pursuant to an Equivalent Program set forth in subsection 5M-1.001(7), F.A.C., or one whose operation qualifies and is classified as a Temporarily Inactive Operation f in accordance with Rule 5M-1.010, F.A.C. If the Producer is not the Landowner, the Department will notify the Landowner of the date of enrollment and Applicable BMPs that are required to be properly implemented on the subject parcel(s).

(6) “Enrollee” means a Producer or Landowner who has Enrolled and has an active Notice of Intent.

(7) “Equivalent Program” means the following programs that provide water quality protection equal to or more stringent than the adopted and applicable Department BMPs:

(a) A permit or license issued by DEP under Chapter 62-670, F.A.C.;

(b) A permit or license issued by the South Florida Water Management District under Chapter 40E-63, F.A.C.;

(c) Conservation easements, leases, or other binding agreements with a state agency or water management district that require implementation of the Department’s BMPs and include an onsite verification performed at least every two years by the state agency or water management district issuing the easement, lease or other binding agreement; or

(d) A Conservation Plan developed in accordance with Chapter 5M-12, F.A.C.

(8) “Landowner” means the owner of real property of record in the county where a parcel of land is situated, whose property is used in agriculture as defined in Section 570.02(1), F.S. Landowners may also be Producers, as defined herein.

(9) “Notice of Intent” or “NOI” means a form provided by the Department to be submitted by an agricultural Producer or Landowner to indicate intent to enroll in and properly implement the Department’s program of best management practices in accordance with the manual under which they enroll. A Notice of Intent to Implement Best Management Practices form (FDACS-04002, rev.06/24), hereby adopted and incorporated by reference, shall be submitted for all new enrollments to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399. The NOI may be obtained from FDACS or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17087. Except as provided in subsection 5M-1.004(3), F.A.C., submittal of an NOI shall not result in enrollment until such time as a site visit is completed by the Producer or Landowner and Department representatives to identify the Applicable BMPs to be implemented on the subject parcel. A Producer or Landowner that has submitted an NOI but has not undertaken the required site visit will not be reported as unenrolled to the Florida Department of Environmental Protection unless they fail to undertake the required site visit after notification by the Department of scheduling availability.

(10) “Producer” means any person or other legal entity engaged in agriculture as defined in Section 570.02(1), F.S.

Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c. FS. History‒New 11-1-17, Amended 9-12-21, 10-30-24.