reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-14 - BEST MANAGEMENT PRACTICES FOR FLORIDA EQUINE OPERATIONS › Section 5M-14.003 - Presumption of Compliance

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 403.067(7)(c)3., F.S., agricultural
				  operations that implement BMPs, in accordance with FDACS rules, that have been
				  verified by the Florida Department of Environmental Protection as effective in
				  reducing pollutants addressed by the practices are presumed to comply with
				  state water quality standards, and are released from the provisions of Section
				  376.307(5),
				  F.S., for those pollutants. In order to meet the requirements for a presumption
				  of compliance and release from Section
				  376.307(5),
				  F.S., the producer must:
(1) Submit a
				Notice of Intent to Implement, as provided in Rule
				5M-14.004, F.A.C., that
				identifies the applicable BMPs;
(2)
				Implement all applicable BMPs in accordance with the timeline requirements in
				Rule 5M-14.004, F.A.C.;
				and,
(3) Maintain records to
				document the implementation and maintenance of the identified BMPs, in
				accordance with Rule 5M-14.005,
				F.A.C.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 3-15-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-14 - BEST MANAGEMENT PRACTICES FOR FLORIDA EQUINE OPERATIONS › Section 5M-14.004 - Notice of Intent to Implement

Current through Reg. 50, No. 138; July 16, 2024
A Notice of Intent to Implement (NOI) and the accompanying
				  BMP Checklist, both of which are in the Appendix of the manual referenced in
				  Rule 5M-14.002, F.A.C., shall be
				  submitted to the FDACS Office of Agricultural Water Policy, 1203 Governor
				  Square Boulevard, Suite 200, Tallahassee, Florida 32301. The Notice of Intent
				  to Implement Water Quality/Quantity BMPs for Florida Equine Operations
				  (DACS-01549, Rev. 06/10), hereby adopted and incorporated by reference, may be
				  obtained from FDACS or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-00772
.
(1) The NOI shall include:
(a) The name of the property owner, the
				location of the property, and the property tax ID number(s) or other property
				identification information;
(b) The
				amount of acreage on which BMPs will be implemented;
(c) The name and contact information of a
				person to contact;
(d) The
				signature of the land owner, lease holder, or an authorized agent; and,
(e) A BMP Checklist with a
				schedule for implementation, as contained in the manual. The producer shall
				select the applicable BMPs by following the instructions in the manual. Except
				as provided in the manual, all applicable Level I BMPs must be implemented as
				soon as practicable, but no later than 18 months after submittal of the Notice
				of Intent to Implement.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-14 - BEST MANAGEMENT PRACTICES FOR FLORIDA EQUINE OPERATIONS › Section 5M-14.005 - BMP Record Keeping

Current through Reg. 50, No. 138; July 16, 2024
Participants must keep records as directed in the manual to
				  document implementation and maintenance of the practices submitted to FDACS.
				  Records must be retained for at least 5 years. All records are subject to
				  inspection.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 3-15-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-15 - PROCEDURES FOR BINDING DETERMINATIONS OF AGRICULTURAL EXEMPTIONS › Section 5M-15.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) Landowner - The owner of the land on
				which the activities in question have been or are proposed to be
				conducted.
(2) Normal and customary
				practice in the area - Generally accepted agricultural activities for the type
				of operation and the region.
(3)
				Sole or predominant purpose - The primary function of the activity in
				question.
Rulemaking Authority 373.407 FS. Law Implemented
					 373.406(2), 373.407 FS.
New 10-14-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-15 - PROCEDURES FOR BINDING DETERMINATIONS OF AGRICULTURAL EXEMPTIONS › Section 5M-15.002 - Dispute Regarding Exemption

Current through Reg. 50, No. 138; July 16, 2024
In the event of a dispute as to the applicability of an
				  exemption under Section
				  373.406(2),
				  F.S., a water management district or landowner may request that the Department
				  make a binding determination as to whether an existing or proposed agricultural
				  activity qualifies for the exemption. All requests for a binding determination
				  shall be submitted in writing to the Office of Agricultural Water Policy,
				  Florida Department of Agriculture and Consumer Services at 1203 Governor's
				  Square Boulevard, Suite 200, Tallahassee, FL 32301, or
				  AgPermitExemption@FreshFromFlorida.com.
Rulemaking Authority 373.407 FS. Law Implemented
					 373.406(2), 373.407 FS.
New 10-14-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-15 - PROCEDURES FOR BINDING DETERMINATIONS OF AGRICULTURAL EXEMPTIONS › Section 5M-15.003 - Eligibility for a Binding Determination

Current through Reg. 50, No. 138; July 16, 2024
In order for the Department to conduct a binding
				  determination under Section
				  373.407, F.S., the following
				  conditions must exist:
(1) The
				activities in question must be on lands classified as agricultural by the
				county property appraiser pursuant to Section
				193.461, F.S. Proof of
				classification status may be provided by the requesting party or confirmed by
				the Department through the county property appraiser.
(2) The activities in question must not
				previously have been authorized by an environmental resource permit or a
				management and storage of surface water permit issued pursuant to Chapter 373,
				Part IV, F.S., or by a dredge and fill permit issued pursuant to Chapter 403,
				F.S. The water management district shall provide a statement as to whether the
				activities in question were previously authorized by any of these types of
				permits.
(3) There must be a
				dispute between the landowner and the water management district as to the
				applicability of the exemption. The dispute must be documented as provided in
				Rule 5M-15.004,
				F.A.C.
Rulemaking Authority 373.407 FS. Law Implemented
					 373.406(2), 373.407 FS.
New 10-14-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-15 - PROCEDURES FOR BINDING DETERMINATIONS OF AGRICULTURAL EXEMPTIONS › Section 5M-15.004 - Documentation of Dispute

Current through Reg. 50, No. 138; July 16, 2024
In order to establish that a dispute exists as to the
				  applicability of Section
				  373.406(2),
				  F.S.
(1) A water management district
				making a request for a binding determination from the Department must provide a
				copy of written correspondence informing the landowner that the activity
				requires or may require a permit, and a copy of written correspondence or other
				documentation from the landowner indicating that the landowner is claiming that
				the activity is exempt under Section
				373.406(2),
				F.S.
(2) A landowner making a
				request for a binding determination from the Department must provide a copy of
				written correspondence from the water management district indicating that the
				activity requires or may require a permit, and a written statement or other
				documentation indicating that the landowner is claiming that the activity is
				exempt under Section 373.406(2),
				F.S.
Rulemaking Authority 373.407 FS. Law Implemented
					 373.406(2), 373.407 FS.
New 10-14-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-15 - PROCEDURES FOR BINDING DETERMINATIONS OF AGRICULTURAL EXEMPTIONS › Section 5M-15.005 - Exemption Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) In order for
				alterations or activities to be exempt from permitting under Section
				373.406(2),
				F.S., all of the following criteria must be met, as determined by the
				Department:
(a) The landowner must be engaged
				in the occupation of agriculture, silviculture, floriculture, or
				horticulture;
(b) Alterations to
				the topography of the land must be for purposes consistent with the normal and
				customary practice of such occupation in the area; and,
(c) The alteration or activity may not be for
				the sole or predominant purpose of impeding or diverting the flow of surface
				waters or adversely impacting wetlands.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-15 - PROCEDURES FOR BINDING DETERMINATIONS OF AGRICULTURAL EXEMPTIONS › Section 5M-15.006 - Binding Determination Process

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				support of a request for a binding determination as to whether an existing or
				proposed activity qualifies for the exemption in Section
				373.406(2),
				F.S., the Department shall obtain the following documentation, as needed to
				address questions in dispute. Maps may be combined, as appropriate and
				feasible.
(a) From the landowner:
1. A written description of the existing or
				proposed activities and the reasons the landowner considers the activities to
				be exempt from permitting.
2. For
				newly proposed activities, construction drawings (e.g., plan view,
				cross-sectionals).
3. Onsite
				digital photographs. These may be obtained by the Department during a site
				visit.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-15 - PROCEDURES FOR BINDING DETERMINATIONS OF AGRICULTURAL EXEMPTIONS › Section 5M-15.007 - Final Agency Action

Current through Reg. 50, No. 138; July 16, 2024
Binding determinations under this rule are final agency
				  action subject to administrative proceedings pursuant to Sections
				  120.569 and
				  120.57, F.S. Each determination
				  will include a notice of rights to an administrative hearing and
				  appeal.
Rulemaking Authority 373.407 FS. Law Implemented
					 373.406(2), 373.407 FS.
New 10-14-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-16 - BEST MANAGEMENT PRACTICES FOR FLORIDA CITRUS › Section 5M-16.001 - Approved Best Management Practices

Current through Reg. 50, No. 138; July 16, 2024
The manual titled Water Quality/Quantity Best Management
				  Practices for Florida Citrus (2012), DACS-P-01756, is hereby adopted and
				  incorporated by reference. Copies of the manual may be obtained from the
				  University of Florida Cooperative Extension Service county office or from the
				  Florida Department of Agriculture and Consumer Services (FDACS), Office of
				  Agricultural Water Policy, 1203 Governor Square Boulevard, Suite 200,
				  Tallahassee, FL 32301 or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-02017
.
				  Natural Resources Conservation Service (NRCS) Practice Standard Code 390 titled
				  Riparian Herbaceous Cover (September 2010) is hereby adopted and incorporated
				  by reference and can be accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-02018
.
				  NRCS Code 391 titled Riparian Forest Buffer (July 2010) is hereby adopted and
				  incorporated by reference and can be accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-02020
.
				  NRCS Code 578 titled Stream Crossing (September 2010) is hereby adopted and
				  incorporated by reference and can be accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-02021
.
				  Copies may be obtained from the NRCS county office or from FDACS Office of
				  Agricultural Water Policy.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 1-9-13.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-16 - BEST MANAGEMENT PRACTICES FOR FLORIDA CITRUS › Section 5M-16.002 - Presumption of Compliance

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 403.067(7)(c)3., F.S., agricultural
				  operations that implement BMPs, in accordance with FDACS rules, that have been
				  verified by the Florida Department of Environmental Protection as effective in
				  reducing pollutants addressed by the practices are presumed to comply with
				  state water quality standards, and are released from the provisions of Section
				  376.307(5),
				  F.S., for those pollutants. In order to meet the requirements for a presumption
				  of compliance and release from Section
				  376.307(5),
				  F.S., the producer must:
(1) Submit a
				Notice of Intent to Implement, as provided in Rule
				5M-16.003, F.A.C., that
				identifies the applicable BMPs;
(2)
				Implement all applicable BMPs in accordance with the timeline requirements in
				Rule 5M-16.003, F.A.C.;
				and,
(3) Maintain records to
				document the implementation and maintenance of the identified BMPs, in
				accordance with Rule 5M-16.004,
				F.A.C.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 1-9-13.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-16 - BEST MANAGEMENT PRACTICES FOR FLORIDA CITRUS › Section 5M-16.003 - Notice of Intent to Implement BMPs

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Notice of Intent to Implement (NOI) BMPs and the accompanying BMP Checklist,
				both of which are in the manual referenced in Rule
				5M-16.001, F.A.C., shall be
				submitted to the FDACS Office of Agricultural Water Policy, 1203 Governor
				Square Boulevard, Suite 200, Tallahassee, Florida 32301. The Notice of Intent
				to Implement Water Quality/Quantity Best Management Practices for Florida
				Citrus (DACS-01598, Rev. 05/12), hereby adopted and incorporated by reference,
				may be obtained from FDACS or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-01666
.
(2) The Notice of Intent to Implement BMPs
				shall include:
(a) The name of the property
				owner, the location of the property, the property tax ID number(s), and any
				other pertinent property identification information;
(b) The amount of acreage on which BMPs will
				be implemented;
(c) The name and
				contact information of a person to contact;
(d) The signature of the land owner, lease
				holder, or authorized agent; and,
(e) A BMP Checklist with a schedule for
				implementation, as contained in the manual. The producer shall select the
				applicable BMPs by following the instructions in the manual. Except as provided
				in the manual, all applicable BMPs must be implemented as soon as practicable,
				but no later than 18 months after submittal of the NOI.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-16 - BEST MANAGEMENT PRACTICES FOR FLORIDA CITRUS › Section 5M-16.004 - Recordkeeping

Current through Reg. 50, No. 138; July 16, 2024
BMP participants must keep records, as directed in the
				  manual, to document the implementation and maintenance of the practices
				  submitted to FDACS pursuant to this rule. These records are subject to
				  inspection upon request, in accordance with a mutually agreed upon time and
				  manner, and must be retained for a period of at least five
				  years.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 1-9-13.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-16 - BEST MANAGEMENT PRACTICES FOR FLORIDA CITRUS › Section 5M-16.005 - Previously submitted NOIs

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to
				retain a presumption of compliance with state water quality standards:
(a) Citrus growers who, prior to the
				effective date of this rule, submitted a Notice of Intent to Implement Nitrogen
				Best Management Practices for Florida Ridge Citrus (July 23, 2002) and adopted
				by reference in Rule 5E-1.023, F.A.C., must:
1. Within two years of the effective date of
				this rule, submit a new NOI and BMP checklist in accordance with Rule
				5M-16.003, F.A.C.,
				and,
2. Implement the applicable
				BMPs on the checklist, in accordance with Rule
				5M-16.003,
				F.A.C.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-17 - BEST MANAGEMENT PRACTICES FOR FLORIDA DAIRIES › Section 5M-17.001 - Approved Florida Dairy Best Management Practices

Current through Reg. 50, No. 138; July 16, 2024
The manual titled Water Quality/Quantity Best Management
				  Practices for Florida Dairy Operations (2015 Edition), FDACS-P-02008, is hereby
				  adopted and incorporated by reference. Copies of the manual may be obtained
				  from the University of Florida county extension offices or from the Florida
				  Department of Agriculture and Consumer Services (FDACS), Office of Agricultural
				  Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida
				  32399 or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06222
.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2,
					 FS.
New 1-10-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-17 - BEST MANAGEMENT PRACTICES FOR FLORIDA DAIRIES › Section 5M-17.002 - Presumption of Compliance

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 403.067(7)(c)3., F.S., implementation of
				  Best Management Practices (BMPs), in accordance with this rule chapter, that
				  have been verified by the Florida Department of Environmental Protection as
				  effective in reducing pollutants addressed by the practices, provides a
				  presumption of compliance with state water quality standards and release from
				  the provisions of Section
				  376.307(5),
				  F.S., for those pollutants. In order to qualify for a presumption of compliance
				  and release from Section
				  376.307(5),
				  F.S., the applicant must:
(1) Submit a
				Notice of Intent (NOI) to Implement, as provided in Rule
				5M-17.003, F.A.C., that
				identifies the applicable BMPs;
(2)
				Implement all applicable BMPs in accordance with the requirements in Rule
				5M-17.003, F.A.C.;
(3) Implement all applicable Level I BMPs no
				later than 18 months after submittal of the NOI; and,
(4) Maintain documentation, in accordance
				with Rule 5M-17.004, F.A.C., to verify the
				implementation and maintenance of the identified BMPs.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 1-10-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-17 - BEST MANAGEMENT PRACTICES FOR FLORIDA DAIRIES › Section 5M-17.003 - Notice of Intent to Implement

Current through Reg. 50, No. 138; July 16, 2024
(1) A Notice
				of Intent (NOI) to Implement Water Quality/Quantity Best Management Practices
				for Florida Dairy Operations (FDACS-04000, 03/15), hereby adopted and
				incorporated by reference, shall be submitted to the Florida Department of
				Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo
				Building, 407 South Calhoun Street, Tallahassee, Florida 32399. The NOI may be
				obtained from FDACS or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06202
.
(2) A BMP checklist with a schedule for
				implementation, as contained in the manual incorporated in Rule
				5M-17.001, F.A.C., must be
				submitted with the NOI. The applicant shall select the applicable BMPs by
				following the instructions in the manual.
(3) Once the NOI is submitted, the applicant
				is eligible to receive assistance with BMP implementation.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 1-10-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-17 - BEST MANAGEMENT PRACTICES FOR FLORIDA DAIRIES › Section 5M-17.004 - Record Keeping

Current through Reg. 50, No. 138; July 16, 2024
BMP participants must keep records for a period of at least
				  five years after they are generated to document implementation and maintenance
				  of the practices identified in the manual incorporated by reference in Rule
				  5M-17.001, F.A.C., and in the
				  Notice of Intent to Implement. All documentation is subject to inspection upon
				  request.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 1-10-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-18 - FLORIDA AGRICULTURE WILDLIFE BEST MANAGEMENT PRACTICES › Section 5M-18.001 - Approved Florida Agriculture Wildlife Best Management Practices

Current through Reg. 50, No. 138; July 16, 2024
The document titled Florida Agriculture Wildlife Best
				  Management Practices for State Imperiled Species (2015 Edition), FDACS-P-02031,
				  is hereby incorporated and adopted by reference. Copies of the document may be
				  obtained from the Florida Department of Agriculture and Consumer Services,
				  Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street,
				  Tallahassee, Florida 32399 or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-05404
.
Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented
					 570.94 FS.
New 6-17-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-18 - FLORIDA AGRICULTURE WILDLIFE BEST MANAGEMENT PRACTICES › Section 5M-18.002 - Presumption of Compliance

Current through Reg. 50, No. 138; July 16, 2024
To obtain the presumption of compliance authorized in
				  paragraph 68A-27.007(2)(d),
				  F.A.C., regarding incidental take of state imperiled species, the applicant
				  must:
(1) Submit a Notice of Intent to
				Implement (NOI), as provided in Rule
				5M-18.003, F.A.C., that
				identifies the applicable Best Management Practices (BMPs);
(2) Implement the BMPs applicable to those
				species identified by the applicant on the NOI checklist; and,
(3) Maintain documentation to verify the
				implementation and maintenance of the identified BMPs.
Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented
					 570.94 FS.
New 6-17-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-18 - FLORIDA AGRICULTURE WILDLIFE BEST MANAGEMENT PRACTICES › Section 5M-18.003 - Notice of Intent to Implement

Current through Reg. 50, No. 138; July 16, 2024
(1) A Notice
				of Intent to Implement (NOI) Wildlife Best Management Practices for Agriculture
				which is a part of the manual incorporated in Rule
				5M-18.001, F.A.C., shall be
				submitted to the Florida Department of Agriculture and Consumer Services,
				Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street,
				Tallahassee, Florida 32399; and to the Florida Fish and Wildlife Conservation
				Commission, Attn: Wildlife BMP Program, 620 South Meridian Street, Tallahassee,
				Florida 32399. The Notice of Intent to Implement Wildlife Best Management
				Practices for Agriculture (FDACS-01986, 03/15), hereby adopted and incorporated
				by reference, may be obtained from either agency or accessed online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-05405
.
(2) The applicant shall identify on the NOI
				Checklist the State Imperiled Species and the Florida Agriculture Wildlife Best
				Management Practices to be implemented. The NOI is a one-time notification for
				each property or parcel and is not required for each and every individual
				activity undertaken by the applicant.
Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented
					 570.94 FS.
New 6-17-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-18 - FLORIDA AGRICULTURE WILDLIFE BEST MANAGEMENT PRACTICES › Section 5M-18.004 - Record Keeping

Current through Reg. 50, No. 138; July 16, 2024
Applicants must keep records for a period of at least five
				  years to document implementation and maintenance of the BMPs identified in the
				  Notice of Intent to Implement Wildlife Best Management Practices for
				  Agriculture (FDACS-01986, 03/15) as incorporated in Rule
				  5M-18.003, F.A.C. All field
				  activities and documentation related to BMP implementation are subject to
				  Florida Department of Agriculture and Consumer Services and Florida Fish and
				  Wildlife Conservation Commission inspection, upon request.
Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented
					 570.94 FS.
New 6-17-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-19 - BEST MANAGEMENT PRACTICES FOR FLORIDA POULTRY › Section 5M-19.001 - Approved Florida Poultry Best Management Practices

Current through Reg. 50, No. 138; July 16, 2024
The manual titled Water Quality/Quantity Best Management
				  Practices for Florida Poultry Operations (June 2016 Edition), FDACS-P-02052, is
				  hereby adopted and incorporated by reference. Copies of the manual may be
				  obtained from the University of Florida county extension offices or from the
				  Florida Department of Agriculture and Consumer Services (FDACS), Office of
				  Agricultural Water Policy, Mayo Building, 407 South Calhoun Street,
				  Tallahassee, Florida, 32399 or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-07213
.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 8-25-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-19 - BEST MANAGEMENT PRACTICES FOR FLORIDA POULTRY › Section 5M-19.002 - Presumption of Compliance

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 403.067(7)(c)3., F.S., implementation of
				  Best Management Practices (BMPs), in accordance with this rule chapter, that
				  have been verified by the Florida Department of Environmental Protection as
				  effective in reducing pollutants addressed by the practices, provides a
				  presumption of compliance with state water quality standards and release from
				  the provisions of Section
				  376.307(5),
				  F.S., for those pollutants. In order to qualify for a presumption of compliance
				  and release from Section
				  376.307(5),
				  F.S., the applicant must:
(1) Submit a
				Notice of Intent (NOI) to Implement, as provided in Rule
				5M-19.003, F.A.C., that
				identifies the applicable BMPs;
(2)
				Implement all applicable BMPs in accordance with the requirements in Rule
				5M-19.003, F.A.C.;
(3) Implement all applicable Level I BMPs no
				later than 18 months after submittal of the NOI; and,
(4) Maintain documentation, in accordance
				with Rule 5M-19.004, F.A.C., to verify the
				implementation and maintenance of the identified BMPs.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 8-25-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-19 - BEST MANAGEMENT PRACTICES FOR FLORIDA POULTRY › Section 5M-19.003 - Notice of Intent to Implement

Current through Reg. 50, No. 138; July 16, 2024
(1) A Notice
				of Intent (NOI) to Implement Water Quality/Quantity Best Management Practices
				for Florida Poultry Operations (FDACS-04001, 02/16), hereby adopted and
				incorporated by reference, shall be submitted to the Florida Department of
				Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo
				Building, 407 South Calhoun Street, Tallahassee, Florida 32399. The NOI may be
				obtained from FDACS or accessed online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-07214
.
(2) A BMP checklist with a schedule for
				implementation, as contained in the manual incorporated in Rule
				5M-19.001, F.A.C., must be
				submitted with the NOI. The applicant shall select the applicable BMPs by
				following the instructions in the manual with the assistance of FDACS field
				staff or agents.
(3) Once the NOI
				is submitted, the applicant is eligible to receive assistance with BMP
				implementation.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 8-25-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-19 - BEST MANAGEMENT PRACTICES FOR FLORIDA POULTRY › Section 5M-19.004 - Record Keeping

Current through Reg. 50, No. 138; July 16, 2024
BMP participants must keep records for a period of at least
				  five years after they are generated to document implementation and maintenance
				  of the practices identified in the manual incorporated by reference in Rule
				  5M-19.001, F.A.C., and in the
				  Notice of Intent to Implement. All documentation is subject to inspection upon
				  request.
Rulemaking Authority 403.067(7)(c)2., 570.07(10),
					 570.07(23) FS. Law Implemented 403.067(7)(c)2.
					 FS.
New 8-25-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5M - Division of Agricultural Water Policy › Chapter 5M-20 - SOIL AND WATER CONSERVATION › Section 5M-20.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of this rule, all terms
				shall mean the same as those terms defined in Section
				582.01, F.S.
(2) "Subdivision" means one of the five areas
				into which each soil and water conservation district has been subdivided that
				match, as practicable, the boundaries of either the five county commission
				districts or the five school board districts when the soil and water
				conservation district is wholly located in one county; or as subdivided by the
				Department into five numbered subdivisions as nearly equal in area as
				practicable to ensure geographical representation when neither the boundaries
				of the county commission nor the school board are subdivided into five
				districts or the when the soil and water conservation district is comprised of
				multiple counties.
Rulemaking Authority 570.07(23), 582.055(9) FS. Law
					 Implemented 582.055(1), 582.055(8), 582.15(4), 582.18, 582.19
					 FS.
New 1-18-23.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.113 - Disciplinary Guidelines; Aggravating and Mitigating Circumstances; Range of Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. This
				rule sets forth disciplinary guidelines used by the division when imposing
				penalties authorized under Chapter 493, F.S. The guidelines notify applicants
				and licensees of the range of penalties which are routinely imposed unless the
				division finds it necessary to deviate based on aggravating and mitigating
				circumstances established within this rule.
(2) Violations.
(a) This rule provides general descriptions
				of offenses common to provisions of Chapter 493, F.S. The complete language of
				each statutory violation should be reviewed to determine all the conduct
				included.
(b) This rule does not
				and is not intended to encompass all possible violations of statute or rule.
				The absence from this rule of a violation should not be construed as an
				indication that the violation does not cause harm to the public or is not
				subject to a penalty. In any instance where a violation is not listed in this
				rule, the penalty will be determined by consideration of:
1. The closest analogous violation, if any,
				and
2. Aggravating and mitigating
				circumstances.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.114 - Directly Related Criminal Offenses

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				standards of conduct that are necessary and reasonably related to the
				protection of the public health, safety and welfare, that must be maintained by
				persons seeking a license or holding a license under Chapter 493, F.S., include
				those set out in the definition of good moral character in Section
				493.6101(7),
				F.S. These standards are honesty, fairness, respect for the rights and property
				of others, and respect for the laws of this state and nation.
(2) An offense that "directly relates to the
				business for which the license is held or sought" that can be grounds for
				disciplinary action is one that:
(a) Violates
				the standards of conduct in Section
				493.6101(7),
				F.S., regardless of whether it was committed during the performance of
				regulated duties;
(b) If commited
				in Florida, is classified as either a first degree misdemeanor or any degree of
				felony;
(c) Is similar to ones
				described in subsection (3), if committed in any jurisdiction other than
				Florida;
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.116 - Insurance; Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Insurance. Each
				Class "B" agency must file form DACS-16004, Certification of Insurance,
				effective 1/06, as incorporated in subsection
				5N-1.100(6),
				F.A.C., evidencing commercial general liability coverage issued by an insurance
				company licensed in Florida that provides coverage for the actions of all
				licensed employees in an amount and manner as delineated in Section
				493.6110, F.S.
(a) Licensees must list the division as an
				additional insured party to assure that all notices regarding coverage are sent
				by the insurance provider to the division in addition to the insured licensee.
				The licensee shall make separate notification to the division of any
				cancellation of or claim against the policy.
(b) Cancellation of coverage automatically
				renders an agency license suspended and requires the temporary termination of
				all activities regulated under Chapter 493, F.S. Such suspension remains in
				effect until valid coverage has been obtained and proof of coverage has been
				provided to the division. Any reduction or modification of coverage to less
				than that required by statute shall result in the issuance of an order to cease
				and desist pursuant to the authority of Section
				493.6121(3),
				F.S., and an administrative complaint shall be issued. No agency shall engage
				in regulated activity while insurance coverage is not in effect.
(c) Upon a change of business location, the
				agency owner or manager shall notify the insurance carrier and the
				division.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.120 - Filing of Application; Temporary Authority for Out-of-State Licensees During Declared Emergencies

Current through Reg. 50, No. 138; July 16, 2024
(1) Procedures. Any
				person who meets the qualifications prescribed by Chapter 493, F.S., and
				desires a license in the profession or services provided for in the law, shall
				file with the division an application using the applications and support forms
				in Rule 5N-1.100, F.A.C.
(a) In determining whether an applicant has
				the experience required to perform the types of services permitted under the
				license for which application is being made, the applicant shall, upon request
				by the division, submit sworn affidavits from former employers during the
				relevant time period, attesting that the applicant was employed and working at
				the claimed profession or service.
(b) Each license issued by the division shall
				specify on its face the classification of such license. No licensed agency or
				individual shall engage in regulated activities reserved for any other
				classification without possessing the appropriate license. No license issued in
				any of the licensed classifications shall be transferable from the original
				licensee to any other person. In addition, all licenses will expire at midnight
				of every second or third year after its date of issuance.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.121 - Reciprocity

Current through Reg. 50, No. 138; July 16, 2024
(1) The department recognizes the need in
				certain situations for private investigators from other states or territories
				to enter the State of Florida for the purpose of following-up investigative
				leads when engaged in investigations originating in his or her state of
				licensure. Accordingly, the department establishes the following criteria for
				reciprocity agreements with other states or territories:
(a) The licensure requirements of the other
				state or territory must be substantially similar to or greater than those
				established in Chapter 493, F.S.
(b) The other state or territory's
				Commissioner of Agriculture or other appropriate authority, must agree to
				accept service of process for their licensees operating in Florida on a
				temporary basis pursuant to a reciprocity agreement.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.124 - Prohibited Activities and Requirements

Current through Reg. 50, No. 138; July 16, 2024
Individual licenses and an agency identification card must be
				  in the possession of the licensee at all times while on duty.
(1) No licensee shall operate under any name
				other than its licensed name. The use of any address other than the licensed
				address(es) is prohibited in any public advertisement.
(2) All records of each licensee must be kept
				separate and apart from all other licensees regardless of whether operating out
				of the same office or owned by the same individual partnership or
				corporation.
(3) No person, firm or
				corporation possessing a valid agency license shall permit any other person,
				firm or corporation possessing any financial interest in such licensed business
				to exert or maintain operational control over such licensed business. Licensed
				agencies and branch offices shall not commence regulated activity until a
				properly licensed manager has been designated and
				employed.
Rulemaking Authority 493.6103 FS. Law Implemented
					 493.6106(2)(d), 493.6111, 493.6118(1)(b), (g), (n), (p), (q), 493.6121
					 FS.
New 2-4-91, Amended 7-31096, Formerly
					 1C-3.124.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.129 - Ammunition

Current through Reg. 50, No. 138; July 16, 2024
Licensed agencies shall allow licensed employees to use only
				  factory ammunition of a type and load which is appropriate for the location and
				  duty requirements of armed employees, not including the following types of
				  ammunition which are prohibited:
(1)
				Glaser-type or any other pre-fragmented type bullets.
(2) Exploding bullets.
(3) Full metal jacket (fmj)/full metal case
				(fmc) bullets (this can be used in semi-automatic pistols only).
(4) Teflon-coated (ktw-type) or any other
				type of armor piercing bullets.
(5)
				Full wadcutter bullets (except on the firing range).
(6) Reloaded ammunition (except on the firing
				range).
Rulemaking Authority 493.6103 FS. Law Implemented
					 493.6115(3), (4), (6) FS.
New 11-25-92, Amended 5-15-95, Formerly
					 1C-3.129.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.130 - Firearms

Current through Reg. 50, No. 138; July 16, 2024
(1) A Class "D" Security Officer licensee who
				also holds a valid Class "G" Statewide Firearm license shall not carry a
				firearm while on duty unless doing so is authorized by her or his employer as
				being required by and in connection with those duties.
(a) A Class "D" Security Officer licensee
				performing armed duties authorized by her or his employer is not required to
				disarm:
1. When carrying a firearm outside the
				client's property line provided that the carrying of the firearm is in
				connection with the security duties performed for the client and is within a
				half-mile radius of the client's property; or
2. When traveling from one armed site to
				another armed site, provided the site-to-site transfer is directed by her or
				his employing agency and the employing agency does not require the licensee to
				disarm; or
3. When traveling
				directly to and from home to reach and leave a client's site at which armed
				security services have been requested by the client, provided that the licensee
				is in uniform, notwithstanding Section
				493.6115(4),
				F.S., and has written direction or approval from her or his employing agency,
				or
4. While performing tasks during
				duty hours such as refueling an agency-owned vehicle, purchasing carryout food
				or beverage, or taking a restroom break, provided such activities are carried
				out within a two-mile radius of the licensee's assigned duty post or the
				licensee is traveling armed as stated in subsection (3); or
5. While rendering emergency humanitarian
				assistance or providing assistance to a law enforcement officer when requested
				by that law enforcement officer;
6.
				Unless expressly required to do so required by law or her or his employer. In
				such circumstances, unless the firearm is being transferred to another security
				officer, which shall require a clearing barrel to facilitate transfer, the
				firearm shall be securely encased in a glove compartment, gun case, or closed
				box or container that requires a lid to be opened for
				access.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.131 - Approval of Other Firearms

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition
				to firearms authorized pursuant to Section
				493.6115(6),
				F.S., the department approves the following weapons for use by Class "G"
				licensed employees of security and private investigative agencies, when
				performing Chapter 493, F.S., regulated duties under the conditions identified
				below. A Class "G" licensee is only authorized to carry a firearm of the
				specific type and caliber with which she or he is qualified pursuant to the
				firearms training referenced in Section
				493.6105(5) or
				493.6113(3)(b),
				F.S.
(a) Use of 12-gauge pump-action shotguns
				or semi-automatic rifles as a secondary weapon, to carry or to remain in a
				vehicle, when the agency is engaged in:
1.
				Fulfillment of contractual obligations to guard United States, state, or local
				government facilities where the government contract specifically requires use
				of these weapons.
2. Fulfillment of
				contractual obligations to guard critical infrastructure facilities as defined
				in Section 493.631, F.S., where the
				contract specifically requires use of these weapons.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5N - Division of Licensing › Chapter 5N-1 - PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS › Section 5N-1.132 - Firearms Training

Current through Reg. 50, No. 138; July 16, 2024
(1) Initial Firearms
				Qualification.
(a) Except as provided in
				Section 493.6105(5),
				F.S., in order to initially qualify for a Class "G" Statewide Firearms License,
				an applicant must successfully complete 28 hours of range and classroom
				training taught by one or more Class "K" firearms instructors. The classroom
				training must be conducted by in-person instruction or live online instruction
				through a secure website, provided that the applicant's identity, attendance
				and successful completion of training are verified by the instructor. 8 hours
				of the training must consist of in-person range training that includes training
				on the safe handling and storage of firearms. The initial 28-hour firearms
				course qualifies a Class "G" applicant to use the calibers of revolvers or
				semiautomatic handguns specified in Section
				493.6115(6),
				F.S., that the applicant will use when performing duties regulated under
				Chapter 493, F.S. A licensee may carry only the specific type and caliber of
				firearm with which he or she has completed a successful course of
				training.
(b) As proof of
				successful completion of firearms training, each Class "G" applicant must
				submit the Certificate of Firearms Proficiency for Statewide Firearms License,
				provided by his or her Class "K" firearms instructor(s) upon completion of
				firearms training, to the Division of Licensing, along with his or her license
				application.