Fla. Admin. Code Ann. R. 5M-1.008 - Implementation Verification

(1) Agricultural Best Management Practices (BMPs) are individual practices or combinations of practices that, based on scientific research, field-testing, and expert review, have been identified as the most effective and practicable means for improving water quality and water conservation, which include nutrient management, irrigation management, and water resource management. The Department has adopted in this Rule Title BMP manuals for many of Florida's agricultural commodities. At least every two years, the Department will perform an implementation verification site visit of each Enrollee to verify the proper implementation of all Applicable BMPs or, in the case of Equivalent Programs pursuant to subsection 5M-1.001(7), F.A.C., confirmation of the criteria in subsection (8) below. The Department will use the data from the site visit, supplemented as needed, by information from other sources including county property appraisers, DEP, and water management districts. The Department will provide the Enrollee any materials needed to complete the implementation verification site visit at least seven days prior to the date of the visit. The Department will notify DEP of any Enrollee that fails to cooperate with the Department to complete an implementation verification site visit.

(2) Upon completion of the implementation verification site visit, the Department will provide the Enrollee notice as to the requirement of any changes in Applicable BMPs to be implemented on the subject parcel(s) through issuance of an updated NOI. Other updates to the NOI, such as changes to contact information, the enrollment area, or parcel information must also be documented on the updated NOI form at the time of the implementation verification site visit. The Department will provide the Enrollee a separate, written notice of any necessary corrective or remedial measures pursuant to the requirements of Rule 5M-1.009, F.A.C.

(3) During the implementation verification site visit, the Department will collect and review any records required by this rule or the manual under which the parcel(s) is enrolled to verify the proper implementation of the Applicable BMPs. All required records, including nutrient source and application records, shall be maintained for a minimum of five years and must be presented to a Department representative upon request.

(4) he Department will collect and retain records regarding the application of nitrogen and phosphorus on the Enrolled parcel(s) as part of any implementation verification site visit conducted to confirm proper implementation of Applicable BMPs as described in subsection (3). Enrollees shall provide the required nutrient application records for the preceding two years to the Department by completing and submitting a Nutrient Application Record Form (FDACS-04005, rev. 06/24), adopted herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17088. Unless it is demonstrated that utilization of an electronic version is technically infeasible, Enrollees shall utilize and submit an electronic version of the form or a substantially similar form to Department representatives during the implementation verification site visit or within ten days after completion of the visit. Any substantially similar form imust include the following information for the Enrolled parcel(s):

(a) Manual of Best Management Practices in which the Enrollee is enrolled, including the identification of separate commodities if there are multiple enrollments under a specific manual;

(b) Month(s) and year(s) that nutrient application occurred;

(c) Type of nutrient source utilized;

(d) Total amount of nitrogen applied in pounds;

(e) Total amount of phosphorus as P2O5 applied in pounds; and,

(f) Total acreage over which nitrogen or phosphorus as P2O5 was applied.

(5) Enrolled areas subject to a permit or license for biosolids application issued by DEP in accordance with Chapter 62-640, F.A.C., must comply with the nutrient limitations in the permit or license. The Department will utilize DEP's nutrient records regarding those areas of any enrollment subject to a biosolids application permit or license.

(6) Section 403.067(7)(c)6., F.S., provides that agricultural records, defined therein, are confidential and exempt from public records disclosure.

(7) For Enrollees participating in any of the Equivalent Programs described in subsection 5M-1.001(7), F.A.C., the Department's implementation verification regarding the area(s) of the NOI property subject to the Equivalent Program instrument will consist of confirming that the Enrollee is:

(a) Maintaining a valid permit or license for programs identified in paragraphs 5M-1.001(7)(a) or (b), F.A.C., as determined by the issuing agency, pursuant to its statutory and/or rule authority.

(b) Upholding the terms of the easements, leases or binding agreements identified in paragraph 5M-1.001(7)(c), F.A.C., including an annual onsite verification by the state agency or water management district issuing the easements, leases or binding agreements.

(c) Maintaining compliance with the Conservation Plan for the program identified in paragraph 5M-1.001(7)(d), F.A.C.

(8) In the event of an emergency declared in a Governor-issued Executive Order, Enrollees are authorized to apply replacement fertilizer on enrolled areas located within a county identified in the Executive Order.

(a) Replacement fertilizer may be applied when:

1. Re-establishing, re-planting, or reconditioning crops rendered unmarketable or destroyed by the emergency event;

2. There is onsite field or grove flooding; or

3. Rainfall exceeds three inches in three days or four inches in seven days.

(b) A replacement application of fertilizer may not exceed the amount of N or P that was applied to the initial crop prior to the Executive Order, that was based upon the rate established in the applicable commodity BMP Manual:

(c) For nutrient reporting and implementation verification purposes, the Enrollee must provide documentation of the initial application of N or P and documentation of the replacement application. When conducting the implementation verification, the Department will consider only the replacement application to determine whether an Enrollee is properly implementing the applicable BMP.

(d) The replacement application authorized by this rule shall not constitute improper implementation of any applicable BMP for implementation verification purposes, provided the Enrollee:

1. Applies replacement fertilizer within 90 days of the effective date of the initial Executive Order addressing the emergency event; and

2. Applies replacement fertilizer in accordance with the NOI and BMP Checklist submitted by the Enrollee during enrollment, or the most recent BMP Checklist if revised during an implementation verification site visit; and

3. Maintains all application records and other records required by the BMP Checklist and provides the required documentation to the Department during their next implementation verification site visit.

(e) The conditions for the application of replacement fertilizer pursuant to this rule are not required for the application of supplemental fertilizer under the applicable BMP Manual.

Notes

Fla. Admin. Code Ann. R. 5M-1.008

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.

Adopted by Florida Register Volume 43, Number 201, October 17, 2017 effective 11/1/2017, Amended by Florida Register Volume 47, Number 169, August 31, 2021 effective 9/12/2021, Amended by Florida Register Volume 50, Number 202, October 15, 2024 effective 10/30/2024.

New 11-1-17, Amended 9-12-21.