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 Nurseries (April 2014 Edition, DACS-P-01267). The new edition ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-6.002Approved BMPs

5M-6.003Presumption of Compliance

5M-6.004Notice of Intent to Implement

5M-6.005Record Keeping

5M-6.006Previously Submitted Notices of Intent to Implement

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 Nurseries (April 2014 Edition, DACS-P-01267). 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 nurseries, enrollment in the program, and implementation verification site visit requirements. Proposed rule revisions require compliance with Rule 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 rules does 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 the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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)(d)2.c., 570.07(10), 570.07(23), F.S.

LAW IMPLEMENTED: 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: Stacey Simmons, Environmental Manager, Office of Agricultural Water Policy, 1440 N. Nova Road, Suite 201 B, Holly Hill, Florida 32117, [phone]. Copies of the manual can be accessed online at https://www.fdacs.gov/Divisions-Offices/Agricultural-Water-Policy/Rule-Development-Activities/5M-6-Rulemaking.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-6.002 Approved Best Management Practices BMPs.

Statewide best management practices for nursery operations are in tThe manual titled Water Quality/Quantity Best Management Practices for Florida Nursery Operations Nurseries, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS Edition April 2014, DACS-P-01267, rev.       ), is hereby adopted and incorporated and adopted by reference. Copies of the document may be obtained from the University of Florida County Extension offices 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 http://www.flrules.org/Gateway/reference.asp?No=Ref-_____ http://www.flrules.org/Gateway/reference.asp?No=Ref-04141.

Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 5-31-06, Amended 8-2-07, 6-26-14,                 .

 

5M-6.003 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 5-31-06, Amended 8-2-07, 6-26-14, Repealed                   .

 

Substantial rewording of Rule 5M-6.004, F.A.C., follows. See Florida Administrative Code for present text. 

5M-6.004 Notice of Intent to Implement Best Management Practices.

An Enrollee under the Florida Nursery Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices manual (FDACS-P-01267, rev.       ), as incorporated by reference in Rule 5M-6.002, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C.

Rulemaking Authority 403.067(7)(c)2., 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 5-31-06, Amended 8-2-07, 6-26-14,________.

 

5M-6.005 Record Keeping.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07, 6-26-14, Repealed               .

 

5M-6.006 Previously Submitted Notices of Intent to Implement.

Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 8-2-07, Amended 6-26-14, 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: June 14, 2024