27988397, 5AER24-3 - Florida Administrative Rules, Law, Code, Register

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Notice: 27988397

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Administration

Overview

RULE:

5AER24-3

Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program

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

Section 570.822, Florida Statutes (F.S.), was enacted during the 2023 Legislative Session and took effect on November 13, 2023. The statute created the Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program (Program) within the Florida Department of Agriculture and Consumer Services (Department). The Program’s purpose is to assist eligible agriculture and aquaculture producers (Producers) who have suffered damage to essential physical property as a result of a declared natural disaster. Pursuant to Sections 22 and 23, Chapter 2023-349, Laws of Florida (L.O.F.), the Legislature directed the Department to adopt emergency rules to implement the Program and authorized the Department to make Program funds available to Producers who had been impacted by Hurricane Idalia.

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

In Section 22, Chapter 2023-349, L.O.F., the Legislature made a specific finding that all conditions to adopt emergency rules pursuant to s. 120.54(4), F.S., had been deemed met for purposes of implementing the Program. Section 23, Chapter 2023-349, L.O.F., also specifically authorized the Department to adopt emergency rules in order to establish the administration of the Program so that Producers impacted by Hurricane Idalia would have access to Program funding. The emergency rulemaking process is fair under the circumstances, as it was declared so by the Legislature, and because it allows the Department to fulfill its legislative mandate to assist affected Producers promptly while still providing reasonable and appropriate notice.

SUMMARY:

On January 12, 2024, the Department filed emergency rule 5AER24-1, which adopted and incorporated by reference the Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Application, FDACS-01421 (01/24). In order to effectuate necessary changes to the form, the Department is filing this emergency rule (5AER24-3) in replacement of emergency rule 5AER24-1.
The rule adopts an application for use by Producers seeking to participate in the Program, establishes processes for application submission and review, specifies loan terms, and delineates the storm-hardening standards to which essential physical property must be built in order to be eligible for Program funding.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Brittany Griffith, Assistant Director, Division of Administration, Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, Tallahassee, Florida 32399.

PRINT PUBLISH DATE:

1/25/2024 Vol. 50/17

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=5AER24-3&PDate=1/25/2024&Section=4

REFERENCE MATERIALS:

No reference(s).

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