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 ....  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Agricultural Water Policy

    RULE NOS.:RULE TITLES:

    5M-1.001Definitions

    5M-1.004Notice of Intent to Implement Best Management Practices

    5M-1.008Implementation Verification

    5M-1.009Best Management Practices Implementation Assistance

    5M-1.010Temporarily Inactive Operations

    5M-1.011Record Keeping

    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.

    SUMMARY: The proposed rulemaking brings 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 definitions, enrollment terms and requirements, and implementation verification site visit requirements. Rules 5M-1.004 and 5M-1.011, F.A.C., are created to incorporate common elements of all BMP manuals and the rules adopting them. 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. The rules adopt an additional form used to modify an enrollment without impacting the effectiveness status and revises the Generic NOI form and the Nutrient Application Record Form.

    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)(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: Angela Chelette, Chief of Policy, Planning and Coordination at Angela.Chelette@FDACS.gov or (850)617-1719.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5M-1.001 Definitions.

    (1) “Applicable Best Management Practices” or “Applicable BMPs” means best management practices (BMPs) that have been adopted by Department rule in a BMP checklist and that are have been identified by the Enrollee and the Department for implementation on an Enrolled parcel.

    (2) through (4) No change.

    (5) “Enrolled” means the status of a Producer or Landowner who has an active Notice of Intent for implementation of the Applicable BMPs identified during a site visit with Department representatives, or pursuant to an Equivalent Program set forth in Rule 5M-1.001(7), F.A.C., or one whose operation who qualifies and is classified as a Temporarily Inactive Operation in accordance with for the purposes of Rule 5M-1.010, F.A.C. If the Producer is not the Landowner, the Department will notify the Landowner of the date of enrollment and Applicable BMPs that are required to be properly implemented on the subject parcel(s).

    (6) “Enrollee” means a Producer or Landowner who has Enrolled and has an active Notice of Intent.

    (7) “Equivalent Program” means the following programs that provide water quality protection equal to or more stringent than the adopted and applicable Department BMPs:

    (a) A permit or license issued by DEP under Chapter 62-670, F.A.C.;

    (b) A permit or license issued by the South Florida Water Management District under Chapter 40E-63, F.A.C.;

    (c) Conservation easements, leases, or other binding agreements with a state agency or water management district that require implementation of the Department’s BMPs and include an onsite verification performed at least every two years by the state agency or water management district issuing the easement, lease or other binding agreement; or

    (d) A Conservation Plan developed in accordance with Chapter 5M-12, F.A.C.

    (8)(6) “Landowner” means the owner of real property of record in the county where a parcel of land is situated, whose property is used in agriculture as defined in Section 570.02(1), F.S. Landowners may also be Producers, as defined herein.

    (9)(7) “Notice of Intent” or “NOI” means a form provided by the Department to be submitted by an agricultural Producer or Landowner to indicate intent to enroll in and properly implement the Department’s program of best management practices in accordance with the manual under which they enroll. A Notice of Intent to Implement Best Management Practices form (FDACS-04002, rev.06/24)(FDACS-04002, 07/21), hereby adopted and incorporated by reference, shall be submitted for all new enrollments to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399. The NOI may be obtained from FDACS or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-_______ http://www.flrules.org/Gateway/reference.asp?No=Ref-13421. Except as provided in Rule 5M-1.004(3), sSubmittal of an NOI shall not result in enrollment until such time as a site visit is completed by the Producer or Landowner and Department representatives to identify the Applicable BMPs to be implemented on the subject parcel. A Producer or Landowner that has submitted an NOI but has not undertaken the required site visit will not be reported as unenrolled to the Florida Department of Environmental Protection unless they fail to undertake the required site visit within 60 days after notification by the Department of scheduling availability.

    (10)(8) No change.

    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)(d)2.c., 403.067(7)(d)3. FS. History‒New 11-1-17, Amended 9-12-21, ________.

     

    5M-1.004 Notice of Intent to Implement Best Management Practices.

    (1) Producers and Landowners in a BMAP area are required by Section 403.067, F.S., to either implement BMPs or other management strategies or to demonstrate their compliance with state water quality standards by conducting water quality monitoring prescribed by DEP or a water management district. The Department provides Producers and Landowners in a BMAP area the opportunity to enroll and implement BMPs and will notify DEP of any Producers and Landowners that do not enroll in accordance with Department rules. Producers and Landowners whose properties are outside a BMAP area may also enroll and avail themselves of the presumption of compliance found in Sections 403.067(7)(c), or 576.045(6), F.S., by enrolling and implementing BMPs pursuant to the requirements of this rule chapter.

    (2) An Enrollee in the BMP programs as provided in any of the Chapters 5M-2 through 5M-14 or 5M-16 through 5M-19, F.A.C., must also comply with Chapter 5M-1, F.A.C.

    (3) A Producer or Landowner that holds a permit or license issued for one of the programs listed in Rule 5M-1.001(7)(a) or (b), F.A.C., is required to complete the Notice of Intent to Implement Best Management Practices form (FDACS-04002, Rev. 06/24, incorporated in 5M-1.001, F.A.C.) but is not required to complete a BMP manual checklist nor to conduct a site assessment visit for the enrolled lands subject to the permit or license. These NOIs shall remain in effect for the duration of the permit or license and any update or renewal thereof. A Producer or Landowner who has an active permit, license or other instrument for an Equivalent Program must submit a copy of the permit, license, or other instrument to the Department as part of their BMP enrollment. Any renewal or modification of the permit, license, or other instrument must be provided to the Department prior to or as part of the next implementation verification site visit.

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

    (5) NOIs, excepting those enrolled pursuant to subsection (3) or (4) of this rule, remain in effect until:

    (a) The manual under which the NOI is enrolled or the rule incorporating the manual is repealed through the rulemaking process;

    (b) Production or operation on the site subject to the NOI changes such that the manual or checklist are no longer applicable, such as a change in the produced commodity type or agriculture on the site becomes temporarily inactive. These NOIs shall remain in effect until the conditions of subsection (8) of this rule are met so long as the agricultural activity on the site is eligible for enrollment in accordance with any of Chapters 5M-2 through 5M-14 or 5M-16 through 5M-19, F.A.C., or classified as a Temporarily Inactive Operation under Rule 5M-1.010;

    (c) There is a change in ownership of an enrolled parcel that terminates the Enrollee’s property control;

    (d) Land use is no longer agricultural; or

    (e) The Enrollee is conducting water quality monitoring prescribed by DEP or a water management district.

    (6) If only a portion of the enrolled lands are affected by the conditions listed in subsection (5), the NOI shall remain in effect for the unaffected portion.

    (7) When a manual or rule incorporating the manual is revised through the rulemaking process, existing NOIs enrolled in accordance with that manual will remain in effect under the manual and rule that were in effect prior to the effective date of the new manual or rule. Enrollees in the prior superseded manual or rule must update their enrollment to the most recent version, by submitting the updated BMP Checklist, at the time of the next BMP implementation verification site visit or the next time an Enrollee enters a cost share agreement with the Department for assistance with BMP implementation, whichever occurs first. Upon updating enrollment in the most recent version of the manual, the NOI remains in effect and retains the initial enrollment date. If the Enrollee does not update their enrollment as provided in this subsection, the NOI will be terminated. For those portions of an NOI enrolled as an Equivalent Program listed under Rule 5M-1.001(7), F.A.C., the NOI remains in effect as provided in Rule 5M-1.004(3), F.A.C.

    (8) When an NOI is subject to conditions identified in paragraph (5)(b), the existing NOI will remain in effect until the Enrollee can meet with FDACS staff to update the status or enroll in the appropriate manual or rule.

    (9) With the exception of updating an enrollment pursuant to subsections (7) or (8) of this rule, Enrollees are required to use the Request Change to Notice of Intent to Implement BMPs form (FDACS-01985, rev. 07/24), hereby adopted and incorporated by reference, to request a revision of their existing NOI. The Request Change to Notice of Intent to Implement BMPs form may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-_____.

    (10) An NOI on which the enrolled property does not include any portion that is located within a BMAP area can be terminated if:

    (a) The Enrollee submits a request in writing to the Department and there are no:

    1. Outstanding contractual obligations to the Department for cost share related to the NOI;

    2. Unresolved enforcement actions related to the NOI; or

    3. Conditions of a permit, license or other agreement issued by FDEP or a water management district that require enrollment in an FDACS BMP program.

    (b) The Department is unable, after two separate contact attempts, to confirm whether the Enrollee is implementing Applicable BMPs. For purposes of this subsection, a contact attempt will provide notice using all methods by which the Enrollee has provided contact information in the NOI, including mail, telephone and email. The Enrollee will be given at least 30 days to respond following each contact attempt.

    (11) A Producer or Landowner enrolling a parcel(s) of land under a manual for the first time or an Enrollee updating their enrollment to a revised rule or manual must implement any new BMP requirements within 18 months of enrollment or update.

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

     

    5M-1.008 Implementation Verification.

    (1) Agricultural Best Management Practices (BMPs) are individual practices or combinations of practices that, based on scientific research, field-testing, and expert review, have been identified as the most effective and practicable means for improving water quality and water conservation, which include nutrient management, irrigation management, and water resource management. The Department has adopted in this Rule Title BMP manuals for many of Florida’s agricultural commodities. At least every two years, the Department will perform an implementation verification site visit of each Enrollee Enrolled Producer or Landowner to verify the proper implementation of all Applicable BMPs or, in the case of Equivalent Programs pursuant to Rule 5M-1.001(7), F.A.C., confirmation of the criteria in subsection (8) below. The Department will use using the data from the site visit, supplemented as needed, by information from other sources including county property appraisers, DEP, and water management districts. The Department will provide the Enrollee Producer or Landowner any materials needed to complete the implementation verification site visit at least seven days prior to the date of the visit. The Department will notify DEP of any Enrollee Producer or Landowner, if the Landowner is not the Producer, that fails to cooperate with the Department to complete an implementation verification site visit within 60 days of contact by Department representatives.

    (2) Upon completion of the implementation verification site visit, the Department will provide the Enrollee Enrolled Producer or Landowner will be provided notice as to the requirement of any changes in additional Applicable BMPs to be implemented on the subject parcel(s) through issuance of an updated NOI. Other updates to the NOI, such as changes to contact information, the enrollment area, or parcel information must also be documented on the updated NOI form at the time of the implementation verification site visit. The Department will provide the Enrollee a separate, written notice of any necessary, corrective or remedial measures pursuant to the requirements of Rule 5M-1.009, F.A.C., as well as any cost share opportunities available for the implementation of additional recommended practices or projects on the subject parcel(s).

    (3) No change.

    (4) The Department will collect and retain records regarding the application of nitrogen and phosphorus on the Enrolled parcel(s) as part of any During the implementation verification site visit conducted to confirm proper implementation of Applicable BMPs as described in subparagraph (3), the Department will collect and retain records regarding the application of nitrogen and phosphorus on the Enrolled parcel(s). Enrollees Producers or Landowners shall provide the required nutrient application records for the preceding two years to the Department by completing and submitting a Nutrient Application Record Form (FDACS-04005, rev. 06/24) (FDACS-04005, 07/21), adopted herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-_______ http://www.flrules.org/Gateway/reference.asp?No=Ref-13422. Unless it is demonstrated that utilization of an electronic version is technically infeasible, Enrollees Producers or Landowners shall utilize and submit an electronic version of the form or a substantially similar form to Department representatives during the implementation verification site visit or within ten days after completion of the visit. Any Producers or landowners may submit a substantially similar form must include if it contains the following information for the Enrolled parcel(s):

    (a) Manual of Best Management Practices in which the Enrollee producer is enrolled, including the identification of separate commodities if there are multiple enrollments under a specific manual;

    (b) through (f) No Change.

    (5) Enrolled areas subject to a permit or license for biosolids application issued by DEP in accordance with Chapter 62-640, F.A.C., must comply with the nutrient limitations in the permit or license. The Department will utilize DEP’s nutrient records regarding those areas of any enrollment subject to a biosolids application permit or license.

    (6)(5) Section 403.067(7)(c)65., F.S., provides that agricultural records, defined therein, are confidential and exempt from public records disclosure.

    (7)(6) For Enrollees participating in any of the Equivalent Programs described in subsection 5M-1.001(7), F.A.C., the Department’s the Producers or Landowners described below in paragraph (a), (b), or (c), verification of implementation verification regarding the area(s) of the NOI property subject to the Equivalent Program instrument of the Applicable BMPs will consist of confirming that the Enrollee is be confirmed by:

    (a) Maintaining a valid permit or license for programs identified in paragraphs 5M-1.001(7)(a) or (b), F.A.C. Compliance with the following permits, as determined by the issuing agency, pursuant to its statutory and/or rule authority.:

    1. Permits or authorizations issued by DEP under rule Chapter 62-670, F.A.C., or

    2. Permits or authorizations issued by the South Florida Water Management District under rule Chapter 40E-63, F.A.C.

    (b) Upholding Compliance with the terms of the conservation easements, leases, or other binding agreements identified in paragraph 5M-1.001(7)(c), F.A.C., including an with a state agency or water management district that require implementation of the Department’s BMPs and include annual onsite verification by the state agency or water management district issuing the easements, leases or binding agreements. that BMPs are being implemented, or

    (c) Maintaining cCompliance with the Conservation Plan for the program identified in paragraph 5M-1.001(7)(d), F.A.C. requirements of proprietary certifications issued by Department qualified non-governmental entities as provided in subsection (8).

    (7) A Producer’s or Landowner’s proof of compliance with any of the permits, agreements, or certifications presented by the issuing agency, as provided in (6), shall be made available to the Department upon request.

    (8) In the event of an emergency declared in a Governor-issued Executive Order, Enrollees are authorized to apply replacement fertilizer on enrolled areas located within a county identified in the Executive Order. Entities seeking to issue proprietary certifications for use in accordance with section 5M-1.001(6)(e), F.A.C., must request a qualification review by the Department’s Office of Agricultural Water Policy. Applicants will be required to demonstrate the following qualification requirements:

    (a) Replacement fertilizer may be applied when: Certification standards that incorporate implementation of the Department’s BMPs;

    1. Re-establishing, re-planting, or reconditioning crops rendered unmarketable or destroyed by the emergency event;

    2. There is onsite field or grove flooding; or

    3. Rainfall exceeds three inches in three days or four inches in seven days.

    (b) A replacement application of fertilizer may not exceed the amount of N or P that was applied to the initial crop prior to the Executive Order, that was based upon the rate established in the applicable commodity BMP Manual: A process to license or authorize inspectors or auditors who shall not be employed by or affiliated with the standard-setting entity;

    (c) For nutrient reporting and implementation verification purposes, the Enrollee must provide documentation of the initial application of N or P and documentation of the replacement application. When conducting the implementation verification, the Department will consider only the replacement application to determine whether an Enrollee is properly implementing the applicable BMP. A process for revocation of licenses or authorizations for inspectors or  auditors;

    (d) The replacement application authorized by this rule shall not constitute improper implementation of any applicable BMP for implementation verification purposes, provided the Enrollee: Procedures or protocols for selection of inspectors or auditors who shall not be employed by or affiliated with the Producers or Landowners holding or seeking certification for their operations;

    1. Applies replacement fertilizer within 90 days of the effective date of the initial Executive Order addressing the emergency event; and

    2. Applies replacement fertilizer in accordance with the NOI and BMP Checklist submitted by the Enrollee during enrollment, or the most recent BMP Checklist if revised during an implementation verification site visit; and

    3. Maintains all application records and other records required by the BMP Checklist and provides the required documentation to the Department during their next implementation verification site visit.

    (e) The conditions for the application of replacement fertilizer pursuant to this rule are not required for the application of supplemental fertilizer under the applicable BMP Manual. An annual certification review and renewal process that includes a site inspection by the licensed or authorized inspector or auditor; and,

    (f) A certification revocation process if the Producer or Landowner is found to be out of compliance with the entity’s certification standards.

    (9) Implementation verification of Best Management Practices for Silviculture shall be provided in accordance with Chapter 5I-6, F.A.C.

    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)(d)2.c., 403.067(7)(d)3. FS. History‒New 11-1-17, Amended 9-12-21,____.       

     

    5M-1.009 Best Management Practices Implementation Assistance.

    (1) The Department will provide implementation assistance to Enrollees Enrolled Producers or Landowners as follows:

    (a) If the implementation verification site visit described in subsection 5M-1.008(1), F.A.C., indicates that an Enrollee Enrolled Producer or Landowner has not achieved proper implementation of Applicable BMPs, the Department will work in cooperation with the Enrollee Producer or Landowner to identify corrective measures to be taken as soon as practicable to achieve proper implementation of Applicable BMPs. The identification of corrective measures will include the setting of expectations and the time required to complete them. If the Enrollee Producer is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Producer’s implementation.

    (b) If the Enrollee Producer does not fully implement the identified corrective measures within the established timeframe, the Department will issue the Enrollee a letter of non-compliance identifying remedial measures to be taken by the Enrollee Producer and, if necessary, the Landowner, to achieve proper implementation of Applicable BMPs. The identification of remedial measures will include setting of expectations and the time required to complete them. An Enrollee A Producer or Landowner that fails to implement the identified remedial measures will be subject to subsection (2).

    (c) No change.

    (d) An Enrollee A Producer or Landowner that does not cooperate with the Department to identify or implement corrective or remedial measures will be subject to subsection (2).

    (2) The Department will notify DEP within 60 days after the date of scheduled completion of remedial measures identified pursuant to paragraph (1)(b), of any Enrollee Enrolled Producer or Landowner that refuses or fails to properly implement Applicable BMPs.

    (3) Producers and Landowners in a BMAP area are required by Section 403.067, F.S., to implement agricultural BMPs or other management strategies. The Department will provide Producers and Landowners in a BMAP area the opportunity to enroll and implement BMPs and will notify DEP of any Producers and Landowners that do not enroll in accordance with Department rules.

    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)(d)2.c., 403.067(7)(d)3. FS. History‒New 11-1-17, Amended 9-12-21,__________.

     

    5M-1.010 Temporarily Inactive Operations.

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

    (a) No change.

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

    (c) No change.

    (d) Notify the Department in writing to AgBmpHelp@FDACS.gov 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. No change.

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

    3. Statement that the Enrollee 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) No change.

    (3) Enrollees 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 Enrollee 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) No change.

    (5) An Enrollee Producers who has a parcel(s) classified as a Temporarily Inactive Operation are temporarily inactive must notify the Department in writing to AgBmpHelp@FDACS.gov 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) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c. FS. History‒New 5-12-20, Amended _______.

     

    5M-1.011 Record Keeping.

    Enrollees must keep records for a period of at least five years after they are generated to document implementation and maintenance of the practices identified in the NOI and Applicable BMPs. All documentation is subject to inspection by Department representatives.

    Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 576.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New                   .

     

    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: August 21, 2024

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 8/23/2024

Document Information

Comments Open:
8/27/2024
Summary:
The proposed rulemaking brings 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 definitions, enrollment terms and requirements, and implementation verification site ...
Purpose:
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.
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:
403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3., F.S.
Related Rules: (3)
5M-1.004. Notice of Intent to Implement Best Management Practices
5M-1.010. Temporarily Inactive Operations
5M-1.011. Record Keeping