5M-1.001. Definitions

(1) “Applicable Best Management Practices” or “Applicable BMPs” means best management practices that have been adopted by Department rule and have been identified 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 who qualifies as a Temporarily Inactive Operation for the purposes of 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) “Landowner” means the owner of real property of record in the county where a parcel of land is situated. Landowners may also be Producers, as defined herein.

(7) “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, 07/21), hereby 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-13421. Submittal of an NOI shall not result in enrollment until such time as a site visit is completed by the Producer 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 within 60 days after notification by the Department of scheduling availability.

(8) “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., 403.067(7)(d)3., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History‒New 11-1-17, Amended 9-12-21.