This rule adopts a system for verification of implementation of best management practices for temporarily inactive agricultural operations.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NO.:RULE TITLE:

5M-1.010Temporarily Inactive Operations

PURPOSE AND EFFECT: This rule adopts a system for verification of implementation of best management practices for temporarily inactive agricultural operations.

SUMMARY: This rule provides a system for verification of implementation of best management practices for agricultural operations that are temporarily inactive due to catastrophic disease issues or agricultural land use changes.

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 proposed rule provides a method for producers to remain enrolled in the Florida Department of Agriculture and Consumer Services (Department) best management practices (BMPs) program when production areas are temporarily inactive. The time and cost to producers to undertake BMPs as required on temporarily inactive lands is negligible since the implementation verification assessment was already required for those enrolled in the Department’s BMP program prior to the activity.

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), 570.07(23), F.S.

LAW IMPLEMENTED: 403.067(7)(d)2.c., 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: Bill Bartnick, Environmental Administrator, Office of Agricultural Water Policy, [phone] / [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-1.010 Temporarily Inactive Operations.

(1)   To qualify as a Temporarily Inactive Operation under the best management practices (BMP) programs listed in subsections (2) or (3) of this rule, an agricultural producer must:

(a)  Have been engaged in active agricultural production on parcels for which temporarily inactive status is being sought within the preceding five (5) years or, if in citrus production, ten (10) years of the date of notification required in Rule 5M-1.010(1)(d), F.A.C.;

(b)  Be enrolled in the BMP programs as provided in Chapters 5M-2 through 5M-14, 5M-16 through 5M-19, or 5I-6, F.A.C., on applicable parcels and production activities;

(c)  Maintain the land as fallow for more than one year; and

(d)  Notify the Department in writing to [e-mail] or the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 407 South Calhoun Street, Tallahassee, FL 32399, and request classification as a Temporarily Inactive Operation within 60 days of ceasing production or 90 days of adoption of this rule. Such notification shall include:

1.  Identification of the parcel to be classified as a Temporarily Inactive Operation, including the existing Notice of Intent to Implement BMPs (NOI) numbers, parcel numbers and geographic extent of those areas to be classified as temporarily inactive;

2.  Confirmation that the agricultural producer meets the requirements of Rules 5M-1.010(1)(a) and 5M-1.010(1)(b), F.A.C.; and

3.  Statement that the agricultural producer intends to return to active agricultural production on those parcels subject to temporarily inactive status within a time period not to exceed five (5) years from the date of notification, unless the production areas are verified as still inactive by the Department prior to the expiration of the five-year period.

(2)  For Temporarily Inactive Operations, the following BMPs shall be applicable and constitute the basis for verification of the status of implementation:

(a)  No fertilizer is applied to the inactive parcel in any form;

(b)  Installed or constructed surface water management systems and structures are operated in accordance with a permit issued pursuant to Section 373.4131, F.S. In the absence of such a permit, the system and structures are maintained in working order and operated consistent with the practices below:

1.  For ditch systems that contain water control structures, remove boards only when necessary to prevent adverse hydrologic impacts to adjacent parcels; and

2.  During the inactive period, fixed weirs or other means of outfall shall be maintained, or repaired if necessary, to achieve the same level of service as when the operation was enrolled or the infrastructure was constructed.

(c)  During the inactive period, the primary infrastructure for irrigation or water table management systems shall be maintained at the same condition as when the operation became inactive. Primary infrastructure does not include secondary distribution pumps;

(d)  Implement measures to prevent or control woody exotic and invasive vegetative species listed in Rule 5B-57.007, F.A.C.; and

(e)  Manage and store chemicals, fuels, and other regulated materials on the property as required by state and federal law.

(3)  Producers who have executed, or expect to be under, a contract, easement, or other agreement with the Florida Department of Environmental Protection, a water management district, or the Department to operate a water resource project shall operate in compliance with the terms of such contract, easement, or other agreement.  The producer must return to active agricultural production within five (5) years of the expiration or termination of the contract, easement, or other agreement, including any extensions and amendments. If the operations are terminated prior to the expiration due to lack of funding, the time period to return to active agricultural operation shall begin from the last date of operating the system. 

(4)  Those areas within an existing NOI that are not subject to classification as Temporarily Inactive Operations shall remain subject to the conditions of the existing NOI.

(5) Producers who are temporarily inactive must notify the Department in writing to [e-mail] or the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 407 South Calhoun Street, Tallahassee, FL 32399, and request re-classification or enroll in BMPs specific to their commodity within 60 days of starting production.

Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S. Law Implemented 403.067(7)(d)2.c., F.S. History‒New                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Pettit, Director, Office of Agricultural Water Policy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 10, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 12, 2020