Florida Administrative Code

(1) Washing of shellstock - Shellstock subjected to the heat shock process shall be washed immediately prior to the heat shock operation in potable water. Washing shall be accomplished by spraying water under pressure. Immersing shellfish for washing purposes is prohibited. Shell…

(1) All plans for construction or remodeling of depuration or wet storage facilities shall be reviewed and approved by the Department. Approval is contingent upon the plan meeting the criteria in Rules 5L-1.005 and 5L-1.010, F.A.C. (2) Operating procedures for conducting depurati…

(1) Start-up phase sampling procedures - When shellfish are delivered to the certified shellfish processing facility, the following schedule shall be followed: (a) One or more shellfish samples (12 or more shellfish per sample) shall be collected for bacteriological examination b…

(1) Depuration Water Treatment Standards. (a) All controlled processes require quality tests to determine if standards are being met and if controls are effective. The depuration treatment of shellfish is a controlled process designed to reduce bacterial contamination to an accep…

(1) Samples of shellfish, processing water, or ice, may be taken at any reasonable time or place by the Department and examined for compliance with sections of this chapter. Samples of shellfish shall be furnished by certified shellfish processing facilities upon request of the D…

This rule establishes application procedures and best management practices, as provided by Chapter 597, F.S., to be followed by aquaculture producers in order to obtain an aquaculture certificate of registration from the Florida Department of Agriculture and Consumer Services. Ru…

Definitions used in Chapter 5L-3, F.A.C. (1) "Department" means the Florida Department of Agriculture and Consumer Services. (2) "Individual Production Unit" means any pond, tank, raceway, marine net pen, or integrated aquacultural system constructed and maintained in accordance …

All aquaculture producers shall have an aquaculture certificate of registration from the Department and apply the best management practices identified in this rule. The aquaculture certificate of registration shall have a duration as specified in Section 597.004(6), F.S., unless …

(1) The Aquaculture Best Management Practices manual, FDACS-02034 (rev. November 2023) is hereby adopted and incorporated by reference and is immediately available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16342 or may be obtained by contacting the Division of Aquacu…

(1) Any person engaging in aquaculture must be certified by the department. The applicant for a certificate of registration shall submit the following to the department: (a) Applicant's name/title. (b) Company name. (c) Complete mailing address. (d) Legal property description of …

(1) When determined by the Division of Aquaculture's evaluation of facility design and on site inspections, the following individual production units are deemed to have minimal impacts on water resources and are not required to follow the effluent treatment BMPs in Rule 5L-3.004,…

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Section 597.0041, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation within a twelve (12) month p…

(1) "Applicable Best Management Practices" or "Applicable BMPs" means best management practices (BMPs) that have been adopted by Department rule in a BMP checklist and identified by the Enrollee and the Department for implementation on an Enrolled parcel. (2) "Basin Management Ac…

(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 man…

(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 con…

(1) The Department will provide implementation assistance to Enrollees as follows: (a) If the implementation verification site visit described in subsection 5M-1.008(1), F.A.C., indicates that an Enrollee has not achieved proper implementation of Applicable BMPs, the Department w…

(1) To qualify as a Temporarily Inactive Operation under the best management practices (BMP) programs listed in subsection (2) or (3) of this rule, an Enrollee must: (a) Have been engaged in active agricultural production on parcels for which temporarily inactive status is being …

Enrollees 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 NOI and Applicable BMPs. All documentation is subject to inspection by Department representatives. Rulemaking Aut…

Statewide best management practices (BMPs) for cattle operations are in the manual titled Florida Cattle Operations , 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01280, rev. 11/24) hereby adopted and incorporated by reference. Copies of the …

An Enrollee under Florida Cattle Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01280, rev. 11/24), incorporated by reference in Rule 5M-11.002, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C. Rulemaking Authorit…

The purpose of this rule is to effect, under incentive-based programs, agricultural nonpoint source pollutant reduction in Florida through the implementation of approved conservation plans containing best management practices (BMPs) that have been verified to be effective by the …

(1) "Conservation plan" means a record of the decisions and supporting information for treatment of a unit of land or water, approved by USDA/NRCS or certified by a Technical Service Provider, which meets the requirements of Rule 5M-12.004, F.A.C. (2) "Department" means the Flori…

The following operations may develop and implement site-specific conservation plans, as provided in this rule, to ensure that agricultural discharges have minimal individual or cumulative adverse impacts to the water resources of the state: (1) Commercial livestock operations. (2…

(1) The conservation plan shall be developed in accordance with the USDA/NRCS National Planning Procedures Handbook Amendment 4, December 2006 (hereby adopted and incorporated by reference), and shall be consistent with quality criteria for soil, water quality, and water quantity…

To enroll in the BMP program, the participant must submit an Notice of Intent to Implement (NOI) to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Boulevard, Suite 200, Tallahassee, Florida 32301. The Notice…

Participants must preserve documentation to confirm implementation and maintenance of the BMPs contained in the conservation plan submitted with the NOI. All documentation is subject to inspection. Record keeping shall include: (1) As applicable to the operation, documentation sp…

Pursuant to Sections 403.067(7)(c) and 576.045(4), (5), F.S., agricultural operations that implement BMPs, in accordance with Department rule, that have been verified by the FDEP as effective in reducing pollutants addressed by the practices are presumed to comply with state wate…

Producers who implement BMPs under this rule shall allow the Department, or the Department in conjunction with FDEP, the applicable water management district or USDA/NRCS representatives, access to the property to confirm implementation, operation, and maintenance of BMPs. Advanc…

Statewide best management practices (BMPs) for specialty fruit and nut crop operations are in the manual titled Florida Specialty Fruit and Nut Crop Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS P-01589, rev. 11/24), hereby adopted a…

An Enrollee under the Florida Specialty Fruit and Nut Crops Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01589, rev. 11/24), as incorporated by reference in Rule 5M-13.002, F.A.C., is also subject to the requirements of Chapter 5M-…

Statewide best management practices for equine operations are in the manual titled Florida Equine Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01531, rev. 11/24), hereby adopted and incorporated by reference. Copies of the manual m…

An Enrollee under the Florida Equine Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01531, rev. 11/24), as incorporated by reference in Rule 5M-14.002, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C. Rulemaki…

(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 purpos…

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 ex…

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 …

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…

(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 h…

(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…

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 Impl…

Statewide best management practices for citrus operations are in the manual titled Florida Citrus Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01756, rev. 11/24), hereby adopted and incorporated by reference. Copies of the manual …

An Enrollee under Florida Citrus Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01756, rev. 11/24), as incorporated by reference in Rule 5M-16.001, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C. Rulemaking …

Statewide best management practices (BMPs) for dairy operations are in the manual titled Florida Dairy Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-02008, rev. 11/24) hereby adopted and incorporated by reference. Copies of the man…

An Enrollee under Florida Dairy Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-02008, rev. 11/24), incorporated by reference in Rule 5M-17.001, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C. Rulemaking Auth…

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 Se…

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 applica…

(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 Polic…

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…