The purpose of the proposed rules is to adopt by reference a revised version of the manual titled Water Quality/Quantity Best Management Practices for Florida Specialty Fruit and Nut Crop Operations (2011 Edition) DACS P-01589. ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-13.001Purpose

5M-13.002Approved Best Management Practices

5M-13.003Presumption of Compliance

5M-13.004Notice of Intent to Implement

5M-13.005BMP Record Keeping

PURPOSE AND EFFECT: The purpose of the proposed rules is to adopt by reference a revised version of the manual titled Water Quality/Quantity Best Management Practices for Florida Specialty Fruit and Nut Crop Operations (2011 Edition) DACS P-01589. The new edition (2024) 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 specialty fruit and nut crop operations, 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.

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: Yesenia Escribano, 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-13-Rulemaking.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-13.001 Purpose.

Rulemaking Authority: 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-25-11, Repealed ________.

 

5M-13.002 Approved Best Management Practices.

Statewide best management practices (BMPs) for specialty fruit and nut crop operations are in tThe manual titled Water Quality/Quantity Best Management Practices for Florida Specialty Fruit and Nut Crops Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (2011 Edition), (FDACS-P-01589, rev._11/24), is hereby adopted and incorporated by reference. Copies of the document 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 Square Boulevard, Suite 200, Tallahassee, FL, 32301 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17356 https://www.flrules.org/Gateway/reference.asp?No=Ref-00258.

Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 5-25-11, Amended _________.

 

5M-13.003 Presumption of Compliance.

Rulemaking Authority: 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-25-11, Repealed ________.

 

Substantial rewording of Rule 5M-13.004, F.A.C., follows. See Florida Administrative Code for present text. 

5M-13.004 Notice of Intent to Implement Best Management Practices.

An Enrollee under the Florida Specialty Fruit and Nut Crops Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01589, rev.11/24), as incorporated by reference in Rule 5M-13.002, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C.

Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS., History–New 5-25-11, Amended _________.

 

5M-13.005 BMP Record Keeping.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-25-11, 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: June 13, 2024