28678261, 5M-1.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 28678261

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Water Policy

Chapter:

Office of Agricultural Water Policy

Overview

RULE:

5M-1.001	Definitions
5M-1.004	Notice of Intent to Implement Best Management Practices
5M-1.008	Implementation Verification
5M-1.009	Best Management Practices Implementation Assistance
5M-1.010	Temporarily Inactive Operations
5M-1.011	Record Keeping

PURPOSE:

The purpose of the proposed rules is to consolidate rules common to the various FDACS Best Management Practices Program manuals into a single Chapter, define “Equivalent Program” to prevent duplicative regulation, and adopt language allowing agricultural Producers and Landowners enrolled in the FDACS Best Management Practices Program to apply additional fertilizer if impacted by an emergency event that results in an unmarketable, destroyed, or flooded crop.

SUBJECT:

The proposed rule revisions bring requirements from the various, commodity-specific rules that are applicable to all FDACS Best Management Practices Programs—chapters 5M-2 through 5M-14 and 5M-16 through 5M-19, F.A.C.—into Chapter 5M-1, F.A.C. and makes all enrollments in any of the FDACS Best Management Practices Programs subject to the requirements of Chapter 5M-1, F.A.C. The common elements include an “Equivalent Program” definition, enrollment requirements, Equivalent Program enrollment terms, enrollment effectiveness terms, and implementation verification site visit requirements. An addition to the rule provides conditions under which agricultural Producers and Landowners enrolled in the FDACS Best Management Practices Program may apply additional fertilizer if impacted by an emergency event identified in a Governor-issued Executive Order under chapter 252, F.S., to re-establish or recondition a crop that is unmarketable, destroyed, or flooded. Application of additional fertilizer as authorized by this rule shall not constitute improper implementation of any Applicable Best Management Practice for implementation verification purposes. The rule also adopts two additional forms used to modify the enrollment without impacting the effectiveness status, and revisions to the Generic NOI form and the Nutrient Application Record Form.

RULEMAKING AUTHORITY:

403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S.

LAW:

403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3, F.S.

PRINT PUBLISH DATE:

8/23/2024 Vol. 50/166

RELATED STATUTES
AND LAWS:

403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23), F.S., 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3, F.S.

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=5M-1.001&PDate=8/23/2024&Section=1

REFERENCE MATERIALS:

No reference(s).

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