The purpose of the proposed rules is to adopt a revised version of the Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops (Edition 2015, FDACS-P-01268) manual by reference. The new ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-8.002Documents Incorporated by Reference

5M-8.003Presumption of Compliance

5M-8.004Notice of Intent to Implement Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops

5M-8.005Notice of Intent to Implement Best Management Practices for Everglades Agricultural Area or C-139 and Western Basins Area

5M-8.006Record Keeping

5M-8.007Notices of Intent to Implement Submitted Prior to October 7, 2015

PURPOSE AND EFFECT: The purpose of the proposed rules is to adopt a revised version of the Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops (Edition 2015, FDACS-P-01268) manual by reference. The new edition 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 not related to water quality or water conservation.

SUMMARY: The subject areas of the proposed rules are water quality and water conservation best management practices for Florida vegetable and agronomic crop production, enrollment in the program, and implementation verification site visit requirements. Proposed rule revisions require compliance with Chapter 5M-1, F.A.C., and therefore language that is duplicative with Chapter 5M-1, F.A.C., is removed. Rule revisions also 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 rule 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 of the industry. 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., (7)(d)2.c., (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: Angela Chelette, Chief of Policy, Planning and Coordination at [e-mail] or [phone]. Copies of the manual can be accessed online at https://www.fdacs.gov/Divisions-Offices/Agricultural-Water-Policy/Rule-Development-Activities/5M-8-Rulemaking.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-8.002 Documents Incorporated by Reference.

The following documents are hereby adopted and incorporated by reference. Copies of the documents may be obtained from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399 or online as indicated.

(1) Florida Vegetable and Agronomic Crop (VAC) Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01268, rev. _____) Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops (Edition 2015, FDACS-P-01268) accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.flrules.org/Gateway/reference.asp?No=Ref-05851.

(2) University of Florida Nutrient Management of Vegetable and Agronomic Row Crops Handbook (February 2015, SP500) accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05855.

(2)(3) No Change.

(4) Notice of Intent to Implement Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops (2015), FDACS-01351, Rev. 3/15, accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05853.

(5) Notice of Intent to Implement Best Management Practices for Everglades Agricultural Area or C-139 and Western Basins Area, FDACS-01445, Rev. 2/15, accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05854.

Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 2-8-06, Amended 10-7-15,                         .

 

5M-8.003 Presumption of Compliance.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-8-06, Amended 10-7-15, Repealed ________.

 

Substantial rewording of Rule 5M-8.004, F.A.C., follows. See Florida Administrative Code for present text.

5M-8.004 Notice of Intent to Implement Water Quality/Quantity Best Management Practices for Florida Vegetable and Agronomic Crops.

An Enrollee under the Florida Vegetable and Agronomic Crop (VAC) Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01268, rev.       ), as incorporated by reference in Rule 5M-8.002, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C.

Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23), FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 2-8-06, Amended 5-23-07, 10-7-15,              .

 

5M-8.005 Notice of Intent to Implement Best Management Practices for Everglades Agricultural Area or C-139 and Western Basins Area.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-8-06, Amended 10-7-15, Repealed                      .

 

5M-8.006 Record Keeping.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-7-15, Repealed                       .

 

5M-8.007 Notices of Intent to Implement Submitted Prior to October 7, 2015.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-7-15, Amended 1-18-18, 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 22, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 8/26/24