Florida Regulations 5M-1.008: Implementation Verification
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(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 Fl. Admin. Code R. 5M-1.009, 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.
(5) Section 403.067(7)(c)5., F.S., provides that agricultural records, defined therein, are confidential and exempt from public records disclosure.
(6) For the Producers or Landowners described below in paragraph (a), (b), or (c), verification of implementation of the Applicable BMPs will be confirmed by:
(a) Compliance with the following permits, as determined by the issuing agency:
1. Permits or authorizations issued by DEP under rule Fl. Admin. Code Chapter 62-670, or
2. Permits or authorizations issued by the South Florida Water Management District under rule Fl. Admin. Code Chapter 40E-63
(b) Compliance with the terms of conservation easements, leases, or other binding agreements with a state agency or water management district that require implementation of the Department’s BMPs and include annual onsite verification by the state agency or water management district that BMPs are being implemented, or
(c) Compliance with the requirements of proprietary certifications issued by Department qualified non-governmental entities as provided in subsection (8).
(7) A Producer’s or Landowner’s proof of compliance with any of the permits, agreements, or certifications presented by the issuing agency, as provided in subsection (6), shall be made available to the Department upon request.
(8) Entities seeking to issue proprietary certifications for use in accordance with paragraph (6)(c), must request a qualification review by the Department’s Office of Agricultural Water Policy. Applicants will be required to demonstrate the following qualification requirements:
(a) Certification standards that incorporate implementation of the Department’s BMPs;
(b) A process to license or authorize inspectors or auditors who shall not be employed by or affiliated with the standard-setting entity;
(c) A process for revocation of licenses or authorizations for inspectors or auditors;
(d) Procedures or protocols for selection of inspectors or auditors who shall not be employed by or affiliated with the Producers or Landowners holding or seeking certification for their operations;
(e) An annual certification review and renewal process that includes a site inspection by the licensed or authorized inspector or auditor; and,
(f) A certification revocation process if the Producer or Landowner is found to be out of compliance with the entity’s certification standards.
(9) Implementation verification of Best Management Practices for Silviculture shall be provided in accordance with Fl. Admin. Code Chapter 5I-6
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History—New 11-1-17, Amended 9-12-21.
(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 Fl. Admin. Code R. 5M-1.009, 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.
(5) Section 403.067(7)(c)5., F.S., provides that agricultural records, defined therein, are confidential and exempt from public records disclosure.
(6) For the Producers or Landowners described below in paragraph (a), (b), or (c), verification of implementation of the Applicable BMPs will be confirmed by:
(a) Compliance with the following permits, as determined by the issuing agency:
1. Permits or authorizations issued by DEP under rule Fl. Admin. Code Chapter 62-670, or
2. Permits or authorizations issued by the South Florida Water Management District under rule Fl. Admin. Code Chapter 40E-63
(b) Compliance with the terms of conservation easements, leases, or other binding agreements with a state agency or water management district that require implementation of the Department’s BMPs and include annual onsite verification by the state agency or water management district that BMPs are being implemented, or
(c) Compliance with the requirements of proprietary certifications issued by Department qualified non-governmental entities as provided in subsection (8).
(7) A Producer’s or Landowner’s proof of compliance with any of the permits, agreements, or certifications presented by the issuing agency, as provided in subsection (6), shall be made available to the Department upon request.
(8) Entities seeking to issue proprietary certifications for use in accordance with paragraph (6)(c), must request a qualification review by the Department’s Office of Agricultural Water Policy. Applicants will be required to demonstrate the following qualification requirements:
(a) Certification standards that incorporate implementation of the Department’s BMPs;
(b) A process to license or authorize inspectors or auditors who shall not be employed by or affiliated with the standard-setting entity;
(c) A process for revocation of licenses or authorizations for inspectors or auditors;
(d) Procedures or protocols for selection of inspectors or auditors who shall not be employed by or affiliated with the Producers or Landowners holding or seeking certification for their operations;
(e) An annual certification review and renewal process that includes a site inspection by the licensed or authorized inspector or auditor; and,
(f) A certification revocation process if the Producer or Landowner is found to be out of compliance with the entity’s certification standards.
(9) Implementation verification of Best Management Practices for Silviculture shall be provided in accordance with Fl. Admin. Code Chapter 5I-6
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History—New 11-1-17, Amended 9-12-21.