Adopts definitions; creates a system for verification of implementation of best management practices for agriculture; identifies alternative means of verification of implementation.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Florida Forest Service

RULE NOS.:RULE TITLES:

5I-6.001Purpose

5I-6.002Approved Best Management Practices BMPs

5I-6.003Presumption of Compliance

5I-6.004Notice of Intent to Implement

5I-6.005Record Keeping

5I-6.006Implementation Verification

PURPOSE AND EFFECT: Adopts definitions; creates a system for verification of implementation of best management practices for agriculture; identifies alternative means of verification of implementation.

SUMMARY: 2016 legislation requires implementation verification rulemaking. This rule formalizes and strengthens the implementation verification program for Best Management Practices for Silviculture.

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 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 those that enroll in the BMP program are already subject to record-keeping and implementation requirements under the existing rule; this rule merely establishes the process by which Department staff verifies implementation and works with Practitioners to address any corrective measures needed to achieve full implementation of Applicable Best Management Practices.

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., FS.

LAW IMPLEMENTED: 403.067(7), FS.

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: Mr. Jeff Vowell, Assistant Director, Florida Forest Service, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5I-6.001 Purpose.

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Repromulgated 3-17-10, Repeal                           .

 

5I-6.002 Approved Best Management Practices (BMPs).

The document titled Best Management Practices for Silviculture (DACS-P-01284, Revised 2008) is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, [phone] or Fax [phone] or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-#### by visiting: http://www.freshfromflorida.com/Divisions-Offices/Florida-Forest-Service/For-Landowners/Best-Management-Practices-BMP.

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10,                                       .

 

5I-6.003 Presumption of Compliance.

In order to obtain the presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), F.S., for those pollutants addressed by the practices the applicant must:

(1) Conduct an assessment of the subject properties using the document titled Best Management Practices for Silviculture (DACS-P-01284, Revised 2008), adopted in Rule 5I-6.002, F.A.C.

(2) Submit a Notice of Intent to Implement as described outlined in Rule 5I-6.004, F.A.C.

(3) Implement the non-regulatory and incentive-based BMPs identified as a result of the assessment of the subject properties and listed in the Notice of Intent to Implement.

(4) Maintain documentation to verify the implementation and maintenance of the Silviculture BMPs as outlined in Rule 5I-6.005, F.A.C.

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10, 8-5-10,                                       .

 

5I-6.004 Notice of Intent to Implement.

(1) A Notice of Intent to Implement Non-Regulatory and Incentive Based BMPs identified in the document titled Best Management Practices for Silviculture (2008) shall be submitted to the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, [phone] or FAX [phone]. Such notice shall identify BMPs the applicant will implement. The notice shall also include: the name of the property owner; the location of the property; the property tax ID number(s); a timeline for implementation; the gross acreage on which the practices will be implemented; the name and contact information of an authorized representative; and the signature of the owner, lease holder, or an authorized agent. This notice is a one-time notification and is not required for each and every individual silviculture activity undertaken by the applicant.

(2) Best Management Practices for Silviculture Notice of Intent to Implement Best Management Practices for Silviculture, (FDACS 11305, Revised 06/17) 2/10, is hereby adopted and incorporated by reference and can be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-#### on the Florida Forest Service internet website, http://www.freshfromflorida.com/Divisions-Offices/Florida-Forest-Service/For-Landowners/Best-Management-Practices-BMP.

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10, 8-5-10,                                       .

 

5I-6.005 Record Keeping.

Where silviculture BMP implementation is not physically observable in the field, participants must preserve sufficient documentation to confirm implementation of the non-regulatory and incentive based BMPs identified in the Notice of Intent to Implement. All field activities and documentation related to BMP implementation are subject to FDACS, Florida Forest Service inspection. Section 403.067(7)(c)5., F.S., provides that agricultural records, defined therein, are confidential and exempt from public records disclosure.

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Repromulgated 3-17-10, Amended                                       .

 

5I-6.006 Implementation Verification

(1) Definitions. Unless defined below, words, phrases, or terms contained herein shall have the definitions set forth in Rule 5M-1.001, F.A.C. References to “Producer” used in 5M-1.001, F.A.C., shall mean “Practitioner” as defined in this rule section. As used in this rule the following words, phrases, or terms shall mean:

(a) “Notice of Intent to Implement” means the form provided by the Department titled, “Notice of Intent to Implement Best Management Practices for Silviculture”, (FDACS 11305. Revised 06/17), adopted in Rule 5I-6.004, F.A.C., to be submitted by a Practitioner to enroll in the Department’s Best Management Practices (BMPs) for Silviculture.

(b) “Practitioner” means any person or legal entity engaged in silviculture operations, whereby the trees constituting forests are tended, harvested, and reproduced. 

(2) The Department will perform implementation status assessments of Applicable BMPs by Enrolled Practitioners using data from periodic self-verifications, staff-assisted verifications, record reviews, and site visits, supplemented by information from other sources including county property appraisers, aerial surveys, the Florida Department of Environmental Protection (DEP), and water management districts.  The Department will notify the Landowner when an Enrolled Practitioner self-verification or staff assisted verification is completed if the Practitioner is not the Landowner.  

(3) The Department will provide implementation assistance to Enrolled Practitioners as follows:

(a) If the implementation status assessment described in (2) indicates that an Enrolled Practitioner has not achieved full implementation of Applicable BMPs, the Department will work in cooperation with the Practitioner to identify corrective measures for the Practitioner’s implementation. If the Practitioner is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Practitioner’s implementation.

(b) If the Practitioner does not implement the identified corrective measures, the Department will work in cooperation with the Practitioner and Landowner, if the Practitioner is not the Landowner, to identify remedial measures to be taken by the Practitioner and, if necessary, the Landowner to achieve full implementation of Applicable BMPs. A Practitioner or Landowner that fails to implement the identified remedial measures will be subject to (4).

(c) A Practitioner or Landowner that does not cooperate with the Department to identify corrective or remedial measures is subject to (4).

(4) The Department will notify DEP of any Practitioner or Landowner that refuses or fails to implement Applicable BMPs.

Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S. Law Implemented 403.067(7)(d)2.c., F.S. History‒New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. James R. Karels, Director, Florida Forest Service

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 8, 2017