DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Water Policy
RULE NOS.:RULE TITLES:
5M-9.002Approved Best Management Practices
5M-9.004Notice of Intent to Implement
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. 50 No. 120, June 19, 2024 issue of the Florida Administrative Register.
5M-9.002 Approved Best Management Practices.
Statewide best management practices (BMPs) for sod growing operations are in the manual titled Florida Sod Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01330, rev. ____), hereby adopted and incorporated by reference. Copies of the document may be obtained from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref- .
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 10-9-08, Amended .
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(a) The rule or manual for the NOI is revised or superseded and the conditions of subsection (5) of this rule are met;
(b) The rule or manual for the NOI is repealed;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.
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 .
