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 Sod, 2008 Edition (FDACS-P 01330). The new edition (2024) updates ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-9.001Purpose

5M-9.002Approved Best Management Practices

5M-9.003Presumption of Compliance

5M-9.004Notice of Intent to Implement

5M-9.005Record Keeping

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 Sod, 2008 Edition (FDACS-P 01330). 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 area of the proposed rules is water quality and water conservation best management practices for Florida sod / turfgrass production, including enrollment in the program and implementation verification site visit requirements. Proposed rule revisions require compliance with Rule Chapter 5M-1 and therefore language that is duplicative with Rule Chapter 5M-1 is removed. Rule revisions also clarify the intent of BMP Program enrollment and checklist requirements, and outline terms for Equivalent Program enrollments.

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 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., 403.067(7)(d)3., 570.07(10), 570.07(23), F.S.

LAW IMPLEMENTED: 403.067(7)(c)2., 403.067(7)(c)3., 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: Kathryn Holland, Environmental Administrator, Office of Agricultural Water Policy, Mayo Building, 407 S Calhoun Street, Mailstop AX2, Tallahassee, Florida 32399-0800, [phone] or online at https://www.fdacs.gov/Divisions-Offices/Agricultural-Water-Policy/Rule-Development-Activities

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5M-9.001 Purpose.

Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-9-08, Repealed     .

 

5M-9.002 Approved Best Management Practices.

Statewide best management practices (BMPs) for sod growing operations are in tThe manual titled Water Quality/Quantity Best Management Practices for Florida Sod Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01330 rev. ____), (Edition 2008) is hereby adopted and incorporated by reference in this rule for participating sod growers statewide. Copies of the document 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 Boulevard, Suite 200, Tallahassee, Florida 32301 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-#####.

Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-9-08, Amended     .

 

5M-9.003 Presumption of Compliance.

Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)3. FS. History–New 10-9-08, Repealed      .

 

5M-9.004 Notice of Intent to Implement Best Management Practices.

(1) A Landowner or Producer enrolled under Florida Sod Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P 01330 rev.      ), is also subject to the requirements of chapter 5M-1, F.A.C.

(2) A Producer or Landowner that holds a permit or license issued by one of the programs listed in Rule 5M-1.008(6)(a) or (b), F.A.C., is not required to complete a BMP manual checklist. These Notices of Intent (NOIs) shall remain in effect for the duration of the permit or license. An agricultural Producer or Landowner who has an active permit, license or other instrument in an Equivalent Program must submit a copy of the instrument as part of their BMP enrollment.

(3) Any NOI for property being operated in accordance with a Conservation Plan developed in accordance with Chapter 5M-12, F.A.C., shall remain in effect so long as the Landowner or Producer maintains the Conservation Plan.

(4) NOIs, excepting those enrolled using subsection (2) or (3) of this rule, remain in effect until:

(a) The rule or manual for the NOI is revised or superseded and the conditions of subsection (5) of this rule are met;

(b) The rule or manual for the NOI is repealed;

(c) Production or operation on the site subject to the NOI changes such that the manual or checklist are no longer applicable, such as produced commodity type changes, or agriculture on the site becomes inactive, and the conditions of subsection (6) of this section are met;

(d) There is a change in ownership of an enrolled parcel that negates the enrollee’s property control;

(e) The land use ceases to be agriculture; or

(f) The enrolled Landowner or Producer is conducting water quality monitoring prescribed by DEP or a water management district rather than implementing FDACS adopted BMPs.

(5) When a rule or manual is revised, the existing NOI will remain in effect under the rule and manual effective on the date the NOI was signed. Landowners or Producers enrolled in the superseded rule or manual must update their enrollment to the current version at the time of the next BMP implementation verification site visit or the next time an enrollee enters a cost share agreement for assistance with BMP implementation. Upon updating enrollment in the current version of the manual, the NOI remains in effect and retains the initial enrollment date.

(6) When an NOI is subject to conditions identified in paragraph (4)(c) of this rule, the existing NOI will remain in effect under the rule and manual that were effective on the date the most recent NOI was signed until the Landowner or Producer can meet with FDACS staff to enroll in the appropriate rule or manual.

(7) A Landowner or Producer enrolling a parcel(s) of land under a manual for the first time or under a revised rule or manual must implement any new BMP requirements within two years of enrollment.

A Notice of Intent to Implement BMPs, and accompanying checklist, both of which are in the Appendix of the manual referenced in Rule 5M-9.002, F.A.C., shall be submitted to the FDACS, Office of Agricultural Water Policy, 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, Florida 32301. The checklist identifies the applicable BMPs the applicant intends to implement, and includes an associated timeline for implementation.

(1) The Notice of Intent shall include:

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

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

(c) The name and contact information of an authorized representative; and,

(d) The signature of the owner, lease holder, or an authorized agent.

(2) Once filed, the Notice of Intent to Implement shall enable the applicant to apply for assistance with implementation.

Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(c)3., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 10-9-08, Amended                        .

 

5M-9.005 Record Keeping.

Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-9-08, 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: June 07, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/13/2024