26573846, 5MER22-8 - Florida Administrative Rules, Law, Code, Register

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Notice: 26573846

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Water Policy

Overview

RULE:

5MER22-8

Hurricane Ian Replacement Fertilizer Applications

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

As a result of the impacts to the agricultural industry and its perishable commodities caused by Hurricane Ian, extreme and unusual circumstances exist that threaten the livelihood of producers throughout the State and could result in a potential food shortage emergency for consumers on a statewide, national and international level if not proactively prevented.  The damage and destruction caused by Hurricane Ian have resulted in a far-reaching lack of availability of winter fruits and vegetables which requires immediate action to replant and reestablish these important food crops.  Further, the fertilizers previously applied by agricultural producers has been washed away by the storm and additional fertilizer applications required to reestablish these crops would result in the improper implementation of best management practices adopted by the Department by rule.  These circumstances present an immediate danger to public health, safety and welfare, and require emergency action.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

This emergency rule was initiated at the request of industry representatives and only affects those producers that are enrolled in the best management practices program administered by the Department and are located within counties that were impacted by hurricane force winds and/or excessive rainfall.  There are no affirmative requirements required of any other citizens or property owners in Florida and the affected producers need only maintain accurate records of soil tests and replacement fertilizer, which are routinely maintained in accordance with best management practices.   For these reasons, notice of the emergency rule will provide at least the procedural protection given by other statutes, the State Constitution and the United States Constitution.

SUMMARY:

This emergency rule authorizes agricultural producers that are enrolled in Best Management Practices (BMPs) for Florida Vegetable and Agronomic Crops (Rule Chapter 5M-7, F.A.C.), Florida Sod (Rule Chapter 5M-9, F.A.C.), Florida Cow/Calf Operations (Rule Chapter 5M-11, F.A.C.), Florida Specialty Fruit and Nut Crop Operations (Rule Chapter 5M-13, F.A.C.), Florida Citrus (Rule Chapter 5M-16, F.A.C.), and Florida Dairies (Rule Chapter 5M-17, F.A.C.) and that have encountered Category 1-4 strength hurricane force winds and/or extreme rainfall as a result of Hurricane Ian  (either three inches in three days or four inches in seven days) to apply replacement fertilizer applications to reestablish impacted crops.  The emergency rule requires the application of replacement fertilizer to be made between October 1, 2022 and the expiration of the rule.   The emergency rule also provides that the application of replacement fertilizer by these producers shall not constitute an improper implementation of best management practices for implementation verification purposes.  The emergency rule encourages soil testing to confirm the need for replacement fertilizer prior to application and requires producers to maintain records of such tests and applications.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Clegg Hooks, The Mayo Building, 407 South Calhoun Street, Mail Stop E1, Tallahassee, Florida 32399-0800 or telephone: (850)-617-1731

PRINT PUBLISH DATE:

11/23/2022 Vol. 48/228

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5MER22-8&PDate=11/23/2022&Section=4

REFERENCE MATERIALS:

No reference(s).

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