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Florida Administrative Code (Last Updated: April 18, 2024) |
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5. Department of Agriculture and Consumer Services |
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5I. Florida Forest Service |
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5I-6. Best Management Practices For Silviculture |
1(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 Rule 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:
52(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 845I-6.004, 85F.A.C., to be submitted by a Practitioner to enroll in the Department’s Best Management Practices (BMPs) for Silviculture.
103(b) “Practitioner” means any person or legal entity engaged in silviculture operations, whereby the trees constituting forests are tended, harvested, and reproduced.
125(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.
198(3) The Department will provide implementation assistance to Enrolled Practitioners as follows:
210(a) If the implementation status assessment described in 218subsection 219(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.
272(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 subsection (4).
341(c) A Practitioner or Landowner that does not cooperate with the Department to identify corrective or remedial measures is subject to 362subsection 363(4).
364(4) The Department will notify DEP 370within 60 days after the date of scheduled completion of remedial measures identified pursuant to paragraph (3)(b), 387of any Practitioner or Landowner that refuses or fails to implement Applicable BMPs.
400Rulemaking Authority 402403.067(7)(c)2., 403403.067(7)(d)2.c., 404570.07(10), 405570.07(23) FS. 407Law Implemented 409403.067(7)(d)2.c. 410F411S. History‒New 12-6-17.
