The purpose of the proposed rules is to consolidate rules common to the various FDACS Best Management Practices Program manuals into a single Chapter, define “Equivalent Program” to prevent duplicative regulation, and adopt ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-1.001Definitions

5M-1.008Implementation Verification

5M-1.009Best Management Practices Implementation Assistance

5M-1.010Temporarily Inactive Operations

PURPOSE AND EFFECT: The purpose of the proposed rules is to consolidate rules common to the various FDACS Best Management Practices Program manuals into a single Chapter, define “Equivalent Program” to prevent duplicative regulation, and adopt language allowing agricultural Producers and Landowners enrolled in the FDACS Best Management Practices Program to apply additional fertilizer if impacted by an emergency event that results in an unmarketable, destroyed, or flooded crop.

SUBJECT AREA TO BE ADDRESSED: The proposed rule revisions bring requirements from the various, commodity-specific rules that are applicable to all FDACS Best Management Practices Programs—chapters 5M-2 through 5M-14 and 5M-16 through 5M-19, F.A.C.—into Chapter 5M-1, F.A.C. and makes all enrollments in any of the FDACS Best Management Practices Programs subject to the requirements of Chapter 5M-1, F.A.C. The common elements include an “Equivalent Program” definition, enrollment requirements, Equivalent Program enrollment terms, enrollment effectiveness terms, and implementation verification site visit requirements. An addition to the rule provides conditions under which agricultural Producers and Landowners enrolled in the FDACS Best Management Practices Program may apply additional fertilizer if impacted by an emergency event identified in a Governor-issued Executive Order under chapter 252, F.S., to re-establish or recondition a crop that is unmarketable, destroyed, or flooded. Application of additional fertilizer as authorized by this rule shall not constitute improper implementation of any Applicable Best Management Practice for implementation verification purposes. The rule also adopts two additional forms used to modify the enrollment without impacting the effectiveness status, and revisions to the Generic NOI form and the Nutrient Application Record Form.

RULEMAKING AUTHORITY: 403.067(7)(d)2.c., 403.067(7)(d)3., 570.07(10), 570.07(23), F.S.

LAW IMPLEMENTED: 403.067(7)(c)3., 403.067(7)(d)2.c., 403.067(7)(d)3., F.S.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Angela Chelette, Chief of Policy, Planning and Coordination at [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.