Title Image



By:  Irene Kennedy Quincey, Esq. and Raychel A. Thomas, Esq.

Emergency Rule allows Florida Ag Producers to Reapply Fertilizer to Damaged Areas to Reestablish Crops Impacted by Hurricane Ian. 

Hurricane Ian’s impact on Florida’s agricultural industry and the resulting loss of vast perishable commodity crops created an urgent need to replant and reestablish these important food crops in order to prevent a potential food shortage emergency for consumers on a state and national level.  Though fertilizers previously applied on surviving crop land in the areas impacted by Hurricane Ian were washed away, application of additional fertilizer in these areas to reestablish the damaged and lost crops would result in improper implementation of best management practices (BMPs) under the rules adopted by the Florida Department of Agriculture and Consumer Services Office of Agricultural Water Policy.

FDACS Emergency Rule 5MER22-8 authorizes agricultural producers that are enrolled in Best Management Practices under the FDACS BMP Manuals for Vegetable and Agronomic Crops, Sod, Citrus, Dairies and Cow/Calf Operations and dealt with hurricane force winds and/or extreme rainfall as a result of Hurricane Ian to apply replacement fertilizer applications between October 2, 2022, and the expiration of the rule to reestablish impacted crops.  Under the rule, the application of replacement fertilizer within this time period will not constitute an improper implementation of BMPs for implementation verification purposes.  While not required, FDACS recommends producers reapplying fertilizer under the emergency rule maintain accurate records of soil tests and replacement fertilizer applied in accordance with best management practices. 

A list of counties covered under the Rule along with the entire text of the Emergency Rule link can be found in the “Print Article” above.

A note to the reader: This article is intended to provide general information and is not intended to be a substitute for competent legal advice. Competent legal counsel should be consulted if you have questions regarding compliance with the law.

Irene Kennedy Quincey is a Partner and an experienced agricultural and environmental attorney with Pavese Law Firm, 4524 Gun Club Road, Suite 203, West Palm Beach, FL 33415; Telephone: (561) 471-1366; Fax: (561) 471-0522.  Raychel A. Thomas is an attorney who practices in agricultural, environmental and land use law with Pavese Law Firm, 1833 Hendry Street, Fort Myers, FL 33901; Telephone: (239) 334-2195; Fax: (239) 332-2243. To view past articles, please click “Publications” on our firm website.