Section 5M-1.004 - Notice of Intent to Implement Best Management Practices(1) Producers and Landowners in a BMAP area are required by Section 403.067, F.S., to either implement BMPs or other management strategies or to demonstrate their compliance with state water quality standards by conducting water quality monitoring prescribed by DEP or a water management district. The Department provides Producers and Landowners in a BMAP area the opportunity to enroll and implement BMPs and will notify DEP of any Producers and Landowners that do not enroll in accordance with Department rules. Producers and Landowners whose properties are outside a BMAP area may also enroll and avail themselves of the presumption of compliance found in Sections 403.067(7)(c), or 576.045(6), F.S., by enrolling and implementing BMPs pursuant to the requirements of this rule chapter.(2) An Enrollee in the BMP programs as provided in any of the Chapters 5M-2 through 5M-14 or 5M-16 through 5M-19, F.A.C., must also comply with Chapter 5M-1, F.A.C.(3) A Producer or Landowner that holds a permit or license issued for one of the programs listed in paragraphs 5M-1.001(7)(a) or (b), F.A.C., is required to complete the Notice of Intent to Implement Best Management Practices form (FDACS-04002, Rev. 06/24, incorporated in Rule 5M-1.001, F.A.C.) but is not required to complete a BMP manual checklist nor to conduct a site assessment visit for the enrolled lands subject to the permit or license. These NOIs shall remain in effect for the duration of the permit or license and any update or renewal thereof. A Producer or Landowner who has an active permit, license or other instrument for an Equivalent Program must submit a copy of the permit, license, or other instrument to the Department as part of their BMP enrollment. Any renewal or modification of the permit, license, or other instrument must be provided to the Department prior to or as part of the next implementation verification site visit.(4) Any NOI for property being operated pursuant to a Conservation Plan developed in accordance with Chapter 5M-12, F.A.C., shall remain in effect so long as the Enrollee maintains the Conservation Plan.(5) NOIs, excepting those enrolled pursuant to subsection (3) or (4) of this rule, remain in effect until: (a) The manual under which the NOI is enrolled or the rule incorporating the manual is repealed through the rulemaking process;(b) Production or operation on the site subject to the NOI changes such that the manual or checklist are no longer applicable, such as a change in the produced commodity type or agriculture on the site becomes temporarily inactive. These NOIs shall remain in effect until the conditions of subsection (8) of this rule are met so long as the agricultural activity on the site is eligible for enrollment in accordance with any of Chapters 5M-2 through 5M-14 or 5M-16 through 5M-19, F.A.C., or classified as a Temporarily Inactive Operation under Rule 5M-1.010, F.A.C.;(c) There is a change in ownership of an enrolled parcel that terminates the Enrollee's property control;(d) Land use is no longer agricultural; or(e) The Enrollee is conducting water quality monitoring prescribed by DEP or a water management district.(6) If only a portion of the enrolled lands are affected by the conditions listed in subsection (5), the NOI shall remain in effect for the unaffected portion. (7) When a manual or rule incorporating the manual is revised through the rulemaking process, existing NOIs enrolled in accordance with that manual will remain in effect under the manual and rule that were in effect prior to the effective date of the new manual or rule. Enrollees in the prior superseded manual or rule must update their enrollment to the most recent version, by submitting the updated BMP Checklist, at the time of the next BMP implementation verification site visit or the next time an Enrollee enters a cost share agreement with the Department for assistance with BMP implementation, whichever occurs first. Upon updating enrollment in the most recent version of the manual, the NOI remains in effect and retains the initial enrollment date. If the Enrollee does not update their enrollment as provided in this subsection, the NOI will be terminated. For those portions of an NOI enrolled as an Equivalent Program listed under subsection 5M-1.001(7), F.A.C., the NOI remains in effect as provided in subsection 5M-1.004(3), F.A.C.(8) When an NOI is subject to conditions identified in paragraph (5)(b), the existing NOI will remain in effect until the Enrollee can meet with FDACS staff to update the status or enroll in the appropriate manual or rule.(9) With the exception of updating an enrollment pursuant to subsections (7) or (8) of this rule, Enrollees are required to use the Request Change to Notice of Intent to Implement BMPs form (FDACS-01985, rev. 07/24), hereby adopted and incorporated by reference, to request a revision of their existing NOI. The Request Change to Notice of Intent to Implement BMPs form 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-17089.(10) An NOI on which the enrolled property does not include any portion that is located within a BMAP area can be terminated if:(a) The Enrollee submits a request in writing to the Department and there are no: 1. Outstanding contractual obligations to the Department for cost share related to the NOI; 2. Unresolved enforcement actions related to the NOI; or3. Conditions of a permit, license or other agreement issued by FDEP or a water management district that require enrollment in an FDACS BMP program.(b) The Department is unable, after two separate contact attempts, to confirm whether the Enrollee is implementing Applicable BMPs. For purposes of this subsection, a contact attempt will provide notice using all methods by which the Enrollee has provided contact information in the NOI, including mail, telephone and email. The Enrollee will be given at least 30 days to respond following each contact attempt.(11) A Producer or Landowner enrolling a parcel(s) of land under a manual for the first time or an Enrollee updating their enrollment to a revised rule or manual must implement any new BMP requirements within 18 months of enrollment or update.Fla. Admin. Code Ann. R. 5M-1.004
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 50, Number 202, October 15, 2024 effective 10/30/2024.