DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy
RULE NOS.:RULE TITLES:
5M-1.008Implementation Verification
5M-1.009Best Management Practices Implementation Assistance
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-1.008 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 protection. 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 Enrolled Producer or and Landowner to verify the proper implementation of all Applicable BMPs 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 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 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) through (3) No Changes.
(4) During the implementation verification site visit, the Department will collect and retain records regarding the application of nitrogen and phosphorus on the Enrolled parcel(s). 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, XX/XX), adopted herein by reference and available at http://www.flrules.org/Gateway/. Unless it is demonstrated that utilization of an electronic version is technically infeasible, Producers or Landowners shall are strongly encouraged to utilize and submit an the 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. Producers or landowners may submit a substantially similar form if it contains the following information for the Enrolled parcel(s):
(a) through (f) No Changes.
(5) through (9) No Changes.
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)(d)2.c., 403.067(7)(d)3., F.S. History‒New 11-1-17, Amended .
5M-1.009 Best Management Practices Implementation Assistance.
(1) The Department will provide implementation assistance to 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 Enrolled Producer or Landowner has not achieved proper implementation of Applicable BMPs, the Department will work in cooperation with the 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 for the time required to complete them. If the Producer is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Producer’s implementation.
(b) No Changes.
(c) Department representatives will verify the completion of corrective or remedial measures within the established timeframes. In no case shall the overall timeframe for completion of corrective and remedial measures extend beyond the date of the next implementation verification site visit.
(d) No Changes.
(2) through (3) No Changes.
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)(d)2.c., 403.067(7)(d)3., F.S. History‒New 11-1-17, Amended .
