Definitions, Implementation Verification

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-1.001Definitions

5M-1.008Implementation Verification

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 4, January 7, 2021 issue of the Florida Administrative Register.

5M-1.001 Definitions.

The Notice of Intent to Implement Best Management Practices Form (FDACS-04002, XX/XX) referenced in the Notice of Change published on June 16, 2021 had substantive revisions from the previous draft Form referenced in the Notice of Proposed Rule. The proposed revisions are described and coded below.

 

The third bullet on page 1 of the form has been revised to read: “In consultation with Florida Department of Agriculture and Consumer Services (FDACS), complete this Notice of Intent (NOI) and each applicable BMP Checklist, identifying the BMPs currently in use or applicable to your property. The NOI may list multiple parcels only if all of the following apply:  the parcels are contiguous, they are within the same county, they are owned or leased by the same person or entity, the same type of operation is conducted on each included parcel, and are applying the same BMPs. the same BMPs identified on the checklist are applicable to each parcel. NOTE: Enrollment in the FDACS BMP program does not occur until the completion of a site visit by FDACS representatives to confirm the BMPs applicable to the subject property.”

 

The fourth bullet on page 1 has been revised to read: “If this form is being executed pursuant to an implementation verification site visit, the Producer acknowledges receipt of documentation provided by FDACS representatives identifying any new applicable BMPs, corrective or remedial actions required pursuant to Rule 5M-1, F.A.C., and/or recommended practices eligible for implementation adoption with cost share assistance.”

 

The first paragraph on page 2 has been revised to read: “Complete the following information for the property on which BMPs will be implemented under this NOI.  You may list multiple parcels if they are contiguous, located within the same county, are owned or leased by the same person or entity, the same type of operation, and are applying the same BMPs. Landowners and producers may also include multiple parcels in one NOI if they are covered under one or more of the permits or instruments listed in Rule 5M-1.008(6)(5)(a)-(c).”

 

The second to the last box on page 2 has been revised to read: “Name and Signature of FDACS Staff or Contractor Assisting with enrollment.”

 

Note Number 1 in the last box on page 2 has been revised to read: “You must keep records of BMP implementation, as specified in the BMP manual and Rule Chapter 5M-1. F.A.C. All BMP records are subject to inspection and include the verification of nutrient application rates.”

 

5M-1.008 Implementation Verification.

The Nutrient Application Record Form (FDACS-04005, XX/XX) referenced in the Notice of Change published on June 16, 2021 had substantive revisions from the previous draft Form referenced in the Notice of Proposed Rule. The proposed revisions appear in the first paragraph on page 1 under the “Instructions” section and are described and coded below.

“These instructions are incorporated as part of the FDACS Nutrient Application Record Form (FDACS-04005 XX/XX 6/20). Except in circumstances where electronic means are technically infeasible unavailable, Producers are required to submit the electronic version of the Nutrient Application Record Form provided by OAWP representatives or a substantially similar record in electronic form, including with a signature certifying attesting to the accuracy of the information provided.  Submission of the Nutrient Application Record Form is required at the time of or within 10 days after the implementation verification site visit.  Failure to provide the required documentation and form will result in corrective action. Information provided in the form will be verified by FDACS representatives during an implementation verification site visit through an audit of the underlying records and supporting documentation utilized to complete the form.”

On page 2 under Pounds of Phosphorus (P2O5) Applied, a change was made for emphasis.

“Using the guaranteed analysis or laboratory analysis of the phosphorus fertilizer applied, enter the pounds of phosphorus (in the form of P2O5) for each entry. Producers must use book values (see guidance below) to determine the pounds applied for any nutrient source that lacks a guaranteed or laboratory analysis.”