Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-1 - DIVISION OF AGRICULTURAL WATER POLICY › Section 5M-1.008 - Implementation Verification

Current through Reg. 50, No. 138; July 16, 2024
(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 Enrolled Producer or Landowner
				to verify the proper implementation of all Applicable BMPs using 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 Producer or Landowner 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 Producer or
				Landowner, if the Landowner is not the Producer, that fails to cooperate with
				the Department to complete an implementation verification site visit within 60
				days of contact by Department representatives.
(2) Upon completion of the implementation
				verification site visit, the Enrolled Producer or Landowner will be provided
				notice as to the requirement of any additional Applicable BMPs to be
				implemented on the subject parcel(s), corrective or remedial measures pursuant
				to the requirements of Rule
				5M-1.009, F.A.C., as well as any
				cost share opportunities available for the implementation of additional
				recommended practices or projects on the subject parcel(s).
(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) During the implementation verification
				site visit, the Department will collect and retain records regarding the
				application of nitrogen and phosphorus on the Enrolled parcel(s). Producers or
				Landowners 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, 07/21), adopted herein by reference and
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13422
.
				Unless it is demonstrated that utilization of an electronic version is
				technically infeasible, Producers or Landowners 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. Producers or landowners may submit a
				substantially similar form if it contains the following information for the
				Enrolled parcel(s):
(a) Manual of Best
				Management Practices in which the producer 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.