25720149

 

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

DIVISION OF ADMINISTRATION

RULE NO.:RULE TITLE:

5A-18.001Urban Agriculture Pilot Projects

PURPOSE AND EFFECT: The proposed rule will create procedures for the Department to establish urban agriculture pilot projects in five municipalities, pursuant to section 604.73, Florida Statutes.

SUMMARY: The proposed rule will provide rules for establishing urban agriculture pilot projects.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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 upon the fact that there is no fee to submit a proposal for consideration for a pilot project.  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.

RULEMAKING AUTHORITY: 570.07(23), 604.73(4), FS.

LAW IMPLEMENTED: 604.73 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Allan J. Charles, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5A-18.001 Urban Agriculture Pilot Projects.

(1) Pursuant to section 604.73, Florida Statutes, the Department may approve five municipalities to establish urban agricultural pilot projects. The definitions provided in section 604.73, Florida Statutes shall apply to this rule.

(2) A municipality seeking to establish an urban agriculture pilot project must submit to the Department a proposal that contains the following information:

(a) Proof that the municipality has a population of 250,000 people or more.

(b) A narrative description of the proposed pilot project, including the project location, farm products to be cultivated, community involvement, anticipated outcomes, nutrition and water use, and fertilization management, and procedures to ensure that only noncommercial agriculture will be conducted under the pilot project.

(c) The name and contact information for the person who is responsible for oversight of the pilot project.

(3) Pilot project proposals shall be submitted to [e-mail] and will be reviewed on a first-come, first-served basis, based upon the date complete applications are received by the Department. Incomplete placeholder applications will not be accepted and will not secure a place in the first-come, first-served application line.

(4) Within 90 days of receipt of an urban agriculture pilot project proposal, the Department will evaluate the proposal to verify that the municipality has met the qualifying statutory and rule criteria. If the Department determines that the proposal is incomplete, the Department will issue written notification to the municipality that the proposal was determined to be incomplete and will include a description of the proposal’s deficiencies. The municipality will be allowed to submit a corrected application, which will be treated as a new application and reviewed in the order that it is received.

(5) If an urban agricultural pilot project proposal meets the requirements of section 604.73, Florida Statutes, and this rule, the Department will approve a Municipality’s urban agriculture pilot project. The pilot project shall be authorized for an initial three-year period from the date of issuance and may be renewed for additional three-year periods by following the procedures outlined in section 5A-18.001(2), F.A.C.  The Department will post approved project proposals on its website and will publish a notice in the Florida Administrative Register when the maximum number of authorize projects have been approved.

(6) The municipality’s oversight manager shall immediately notify the Department in writing if the municipality fails to meet or comply with any portion of section 604.73, Florida Statutes, or this rule or if the municipality decides to end its pilot program prior to its authorized three-year term.

Rulemaking Authority 570.07(23), 604.73(4), FS. Law Implemented 604.73, FS. History–New ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:

Joey Hicks, Director of Administration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:

Nicole Fried, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 3/25/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 3/25/2022