The purpose of the proposed rules is to adopt by reference a revised version of the manual titled Water Quality Best Management Practices for Florida Cow/Calf Operations (2008 Edition), DACS P-01280. The new edition, titled ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NO.:RULE TITLE:

5M-11.001Purpose

5M-11.002Approved Best Management Practices

5M-11.003Presumption of Compliance

5M-11.004Notice of Intent to Implement

5M-11.005Record Keeping

PURPOSE AND EFFECT: The purpose of the proposed rules is to adopt by reference a revised version of the manual titled Water Quality Best Management Practices for Florida Cow/Calf Operations (2008 Edition), DACS P-01280. The new edition, titled Florida Cattle Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, updates language to reflect statutory changes impacting the Best Management Practices program, provides more specific direction and expectation regarding the best management practices, and removes language that is not related to water quality or water conservation.

SUMMARY: The subject areas of the proposed rules are water quality and water quantity best management practices (BMPs) for Florida cattle operations, including enrollment in the program and implementation verification site visit requirements. Proposed rule revisions also remove language that is duplicative with Chapter 5M-1, F.A.C., and clarify the intent of BMP Program enrollment and checklist requirements.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rules did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied on producer input and the Office’s experience and knowledge working with the industry. The proposed rulemaking will not add any cost to regulated businesses or the Department. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), (23), F.S.

LAW IMPLEMENTED: 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3., F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kathryn Holland, Environmental Administrator, Office of Agricultural Water Policy, Mayo Building, 407 S Calhoun Street, Mailstop AX2, Tallahassee, Florida 32399-0800, [phone]. Copies of the manual can be accessed online at https://www.fdacs.gov/Divisions-Offices/Agricultural-Water-Policy/Rule-Development-Activities/5M-11-Rulemaking.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-11.001 Purpose.

Rulemaking Authority 403.067(7)(c)2. 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 4-23-09, Repealed_________.

 

5M-11.002 Approved Best Management Practices.

Statewide best management practices (BMPs) for cattle operations are in tThe manual titled Water Quality Best Management Practices for Florida Cattle Cow/Calf Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01280, rev.11/24) (2008 Edition), DACS P-01280, is hereby adopted and incorporated by reference. Cow/calf operations in the Lake Okeechobee Watershed must follow the requirements of Chapter 5M-3, F.A.C. Copies of the manual may be obtained from the University of Florida Cooperative Extension Service county office or from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, FL 32301 or online at by visiting http://www.flrules.org/Gateway/reference.asp?No=Ref-17136. http://www.floridaagwaterpolicy.com/BestManagementPractices.html.

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., 403.067(7)(d)3. FS. History–New 4-23-09, Amended __________.

 

5M-11.003 Presumption of Compliance.

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., FS. History–New 4-23-09, Repealed_________.

 

5M-11.004 Notice of Intent to Implement Best Management Practices.

An Enrollee under Florida Cattle Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01280, rev. 11/24), incorporated by reference in Rule 5M-11.002, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C. A Notice of Intent to Implement BMPs and the accompanying checklist, both of which are in the Appendix of the manual referenced in Rule 5M-11.002, F.A.C., shall be submitted to the FDACS Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301.

(1) The Notice of Intent shall include:

(a) The name of the property owner, the location of the property, and the property tax ID number(s) or other property identification information;

(b) The acreage on which BMPs will be implemented;

(c) The name and contact information of an authorized representative;

(d) The signature of the owner, lease holder, or an authorized agent;

(e) A BMP checklist with a schedule for implementation, as contained in the manual. The producer shall select the applicable BMPs by following the instructions in the manual. Except as provided in the manual, all applicable Level I BMPs must be implemented as soon as practicable, but no later than 18 months after submittal of the Notice of Intent to Implement; and,

(f) If applicable, a copy of the Conservation Plan developed pursuant to the manual or the Conservation Plan otherwise developed that contains practices identified in the Notice of Intent to Implement.

(2) Submittal of the Notice of Intent to Implement enables the producer to receive assistance with BMP implementation.

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., 403.067(7)(d)3. FS. History–New 4-23-09, Amended _________.

 

5M-11.005 Record Keeping.

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 4-23-09, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: West Gregory, Director, Office of Agricultural Water Policy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 6/11/24