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 Citrus (2012 Edition) (FDACS-P-01756). The new edition (2024) ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-16.001Approved BMPs

5M-16.002Presumption of Compliance

5M-16.003Notice of Intent to Implement BMPs

5M-16.004Recordkeeping

5M-16.005Previously submitted NOIs

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 Citrus (2012 Edition) (FDACS-P-01756). 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 citrus production, including enrollment in the program and implementation verification site visit requirements. Proposed rule revisions remove language that is duplicative with Rule Chapter 5M-1 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.

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., (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: Lisa Jensen at [e-mail], phone [phone]. Copies of the manual can be accessed online at https://www.fdacs.gov/Divisions-Offices/Agricultural-Water-Policy/Rule-Development-Activities/5M-16-Rulemaking.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-16.001 Approved Best Management Practices BMPs.

Statewide best management practices for citrus operations are in tThe manual titled Water Quality/Quantity Best Management Practices for Florida Citrus Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (2012), (FDACS-P-01756, rev.         ), is hereby adopted and incorporated by reference. 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 Blvd., Suite 200, Tallahassee, FL 32301 or accessed online at https://www.flrules.org/Gateway/reference.asp?No=Ref-_____ https://www.flrules.org/Gateway/reference.asp?No=Ref-1234. Natural Resources Conservation Service (NRCS) Practice Standard Code 390 titled Riparian Herbaceous Cover (September 2010) is hereby adopted and incorporated by reference and can be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02018. NRCS Code 391 titled Riparian Forest Buffer (July 2010) is hereby adopted and incorporated by reference and can be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02020. NRCS Code 578 titled Stream Crossing (September 2010) is hereby adopted and incorporated by reference and can be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02021. Copies may be obtained from the NRCS county office or from FDACS Office of Agricultural Water Policy.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-9-13, Amended ________.

 

5M-16.002 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 1-9-13, Repealed__________.

 

5M-16.003 Notice of Intent to Implement Best Management Practices BMPs.

An Enrollee under Florida Citrus Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01756, rev.        ), as incorporated by reference in Rule 5M-16.001, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C.

(1) A Notice of Intent to Implement (NOI) BMPs and the accompanying BMP Checklist, both of which are in the manual referenced in Rule 5M-16.001, F.A.C., shall be submitted to the FDACS Office of Agricultural Water Policy, 1203 Governor Square Boulevard, Suite 200, Tallahassee, Florida 32301. The Notice of Intent to Implement Water Quality/Quantity Best Management Practices for Florida Citrus (DACS-01598, Rev. 05/12), hereby adopted and incorporated by reference, may be obtained from FDACS or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-01666.

(2) The Notice of Intent to Implement BMPs shall include:

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

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

(c) The name and contact information of a person to contact;

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

(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 BMPs must be implemented as soon as practicable, but no later than 18 months after submittal of the NOI.

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

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., 403.067(7)(d)2.c., (7)(d)3. FS. History–New 1-9-13, Amended ________.

 

5M-16.004 Recordkeeping.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-9-13, Repealed__________.

 

5M-16.005 Previously Submitted NOIs.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-9-13, 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: November 20, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 29, 2024