The purpose of the proposed changes is to develop specific requirements for the placement of managed honeybee colonies on agricultural and non-agricultural properties. These changes are necessary to implement 586.055 and 586.10, Florida Statutes. ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-54.001Definitions

5B-54.002Purpose

5B-54.003Regulated Honeybee Pests

5B-54.004 Unwanted Races of Honeybees

5B-54.005Regulated Articles

5B-54.006Movement of Regulated Articles

5B-54.010Registration with the Department

5B-54.011Apiary Inspection Procedures

5B-54.0115Special Inspection and Certification Fees

5B-54.012Apiary Inspection Conditions

5B-54.013Identification of Ownership of Honeybee Hives

5B-54.014Issuance of Compliance Agreements and Certificates

5B-54.015Special Inspection to Meet Requirements of Other States and for Export to Foreign Countries

5B-54.016Interim Detention of Honeybees and Equipment

5B-54.017Destruction or Treatment of Infested or Infected Hives

5B-54.0175 Irradiation of Beekeeping Equipment

5B-54.018Compensation for Infested or Infected Colonies

5B-54.019Procedures for Abandoned Apiaries

PURPOSE AND EFFECT: The purpose of the proposed changes is to develop specific requirements for the placement of managed honeybee colonies on agricultural and non-agricultural properties. These changes are necessary to implement Sections 586.055 and 586.10, Florida Statutes. The effect of these proposed changes is reasonable, clear, and consistent requirements for the placement of managed honeybees in Florida.

SUMMARY: This rulemaking is to implement Sections 586.055 and 586.10, Florida Statutes, by developing specific requirements to govern the placement of managed honeybee colonies on Florida lands. The proposed new language addresses managed honeybee colony placement on agricultural and other lands considered to be integral to a beekeeping operation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 586.10(2) FS.

LAW IMPLEMENTED: 586.02, (13), 586.025, 586.03(3), 586.045, 586.10 (4), (5), (6), (7), (8), (9), (11), (12), 586.11, 586.115, 586.13, 586.14, 586.15 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Gaskalla, Division Director, Division of Plant Industry, Florida Department of Agriculture and Consumer Services, P. O. Box 147100, Gainesville, Florida 32614-7100

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-54.001 Definitions.

(1) For the purpose of this chapter, the definitions in Section 586.02, F.S., and the following definitions shall apply:

(a)(1) Authorized Representative. Any designated employee, inspector, or collaborator of the department or the United States Department of Agriculture.

(b)(2) Certificate of Inspection. An official document stipulating compliance with the requirements of this chapter. The term certificate may include label, rubber stamp imprint, tag permit, written statement, or any form of inspection and certification document which accompanies the movement of inspected and certified honeybees, honeybee equipment or other regulated articles.

(c)(3) Certificate of Registration. An official document issued by the department to honeybee colony owners as evidence of being properly registered with the department in compliance with the requirements of this chapter.

(d)(4) Division Director. The director of the Division of Plant Industry.

(e)(5) USDA. United States Department of Agriculture, Animal and Plant Health Inspection Services, Plant Protection and Quarantine.

(2) The purpose of this chapter is to identify and declare as nuisances those honeybee pests and unwanted races of honeybees which are known to science and considered to seriously threaten Florida’s beekeeping industry. It is also the purpose of this chapter to provide guidelines for registering beekeepers and the placement of honeybee colonies, conducting inspection, control, eradication, and regulatory action to prevent the establishment of honeybee pests and unwanted races of honeybees, to provide early detection of any new pests, and to prevent or control their distribution within the state if infestation occurs.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.02, 586.11 FS. History–New 11-22-88, Amended 6-20-00,_________.

 

5B-54.002 Purpose.

The purpose of this chapter is to identify and declare as nuisances those honeybee pests and unwanted races of honeybees which are known to science and considered to seriously threaten Florida’s beekeeping industry. It is also the purpose of this chapter to provide guidelines for registering beekeepers, conducting inspection, control, eradication, and regulatory action to prevent the establishment of honeybee pests and unwanted races of honeybees, to provide early detection of any new pests, and to prevent or control their distribution within the state if infestation occurs.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.025, 586.045, 586.10(5), (6), 586.115 FS. History–New 11-22-88, Amended 11-4-92, Repealed________.

 

5B-54.010 Registration with the Department.

Each beekeeper having honeybee colonies within the state must register with the department utilizing the following procedures:

(1) Submit an Application For Beekeeping Registration, (FDACS 08176, revised 01/13), which Application for registration of beekeeping operations shall be made upon a form furnished by the department. The form shall contain provisions with which the applicant must comply and must be signed by the applicant or applicant’s representative. Form DACS-08176, Application for Beekeeping Registration (FDACS 08176, revised 01/13), revised 7/03, is hereby incorporated in this rule by reference and. A copy of DACS-08176 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at http://www.flrules.org/Gateway/reference__________.

(2) Applicant’s honeybees shall have been inspected by an authorized representative of the department within a 12-month period preceding the date of application and found to be apparently free from honeybee pests listed under Rule 5B-54.003, F.A.C., and unwanted races of honeybees listed under Rule 5B-54.004, F.A.C., and to be reasonably free from common honeybee pests.

(3) By signing the application the beekeeper agrees to comply with appropriate rules of the department. Each Application for Beekeeping Registration (FDACS 08176, revised 01/13), application for registration (DACS-08176) or renewal of registration must be accompanied by the proper registration fee based on the total number of colonies operated by the registrant as follows:

 

 

 

Number of Colonies	Fee
1 – 5	$10
6 – 40	$20
41 – 200	$40
201 – 500	$70
501 – 2000	$100

 

(4) Upon approval of an the application, the department will issue to the applicant beekeeper a Certificate of Beekeeping Registration, (FDACS 08177, revised 01/13) which, Form DACS-08177, Certificate of Beekeeping Registration, revised 4/99, is hereby incorporated in this rule by reference and. A copy of DACS-08177 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at http://www.flrules.org/Gateway/reference_________.

(5) Application for annual renewal of the certificate must be made not later than the anniversary date of the certificate and must be accompanied by the appropriate registration fee.

(6) An application received after the anniversary date shall be accompanied by a $10 late filing fee.

(7) Failure to register is a violation of Section 586.045, F.S., and is subject to the penalties set forth in Section 586.15, F.S.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.045, 586.10(9), (12), 586.15 FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 3-11-04,_________.

 

5B-54.0105 Location of Managed Honeybee Colonies.

(1) Managed European honey bee colonies may be located on either:

(a) Land classified as agricultural under Section 193.461, Florida Statutes, provided they are compliant with the provisions of Chapter 586, Florida Statutes, and all rules promulgated thereunder; or

(b) Land considered to be integral to a beekeeping operation other than agriculture provided the beekeeper signs a Beekeeper Compliance Agreement – Best Management Requirements for Maintaining European Honeybee Colonies (FDACS 08492, revised 01/13).

(2) The Beekeeper Compliance Agreement – Best Management Requirements for Maintaining European Honeybee Colonies (FDACS-08492, revised 01/13) which is hereby incorporated in this rule by reference and a copy may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference. The Beekeeper Compliance Agreement – Best Management Requirements for Maintaining European Honeybee Colonies (FDACS-08492, revised 01/13) provides best management requirements for maintaining European Honeybee Colonies on non-agricultural Lands including swarm prevention techniques as explained in Swarm Control for Managed Beehives (UF-IFAS Publication ENY-60, revised November 2012) which is hereby incorporated in this rule by reference and a copy may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference__________.

(3) Special Permits – The Director of the Division of Plant Industry shall issue a special permit for the placement of managed honeybee colonies on lands other than agricultural that do not meet the requirements of (2) above provided the property is determined to be integral to a beekeeping operation based on the following standards and conditions:

(a) The property owner must submit a written request that includes a map of the property with the proposed number and location of the managed honeybee colonies;

(b) The property owner must submit written, signed statements from all contiguous property owners indicating their approval of having managed honeybee colonies present on the proposed permitted property;

(c) The property owner must submit a written explanation of the justification for a special permit, including measures that will be taken to mitigate any best management requirements that cannot be met and any other special circumstances that are relevant; and

(d) Agreement from the Division of Plant Industry Assistant Chief of Apiary Inspection and the Chief of Plant and Apiary Inspection that a special permit is justified and the bee keeping operation will not pose a public nuisance.

Rulemaking Authority 586.10 FS. Law Implemented 586.045, 586.10(9), (12), 586.15 FS. History–New________.

 

5B-54.011 Apiary Inspection Procedures.

(1) Each Florida apiary shall be inspected and a report issued an Apiary Inspection Report (FDACS 08206, Revised 01/13) by an authorized representative of the department at such intervals as the department deems best for the detection of honeybee pests listed under Rule 5B-54.003, F.A.C., and unwanted races of honeybees under Rule 5B-54.004, F.A.C. Form Apiary Inspection Report (FDACS 08206, Revised 01/13 6/99) is hereby incorporated in this rule by reference and. A copy of FDACS-08206 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference_______.

(2) Routine inspection of an apiary shall include actual visual inspection of not less than five (5) percent of the hives included in the apiary. One hundred (100) percent of the hives may be inspected if determined appropriate by the department. A minimum of ten (10) hives shall be inspected in the apiary with all hives inspected in any apiary consisting of less than ten (10) hives.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(4), (9) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00,_________.

 

5B-54.014 Issuance of Compliance Agreements and Certificates.

(1) Compliance Agreements. The department may issue a compliance agreement for the movement of regulated articles, as listed under Rule 5B-54.005, F.A.C., from another state for entrance into Florida under any of the following conditions:

(a) When movement of non-certified regulated articles to specified destinations for limited handling, utilization, or processing is requested.

(b) Each compliance agreement will prescribe the conditions under which the regulated articles are allowed to move. Form Compliance Agreement, DACS-08031, Revised 5/99, is hereby incorporated in this rule by reference. A copy of DACS-08031 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100.

(1)(2) Certificates of Inspection.

(a) A Department issued certificate is required on each sale or movement of honeybees and other regulated articles within the state unless such regulated articles are identified as specified in Rule 5B-54.013, F.A.C. A registered beekeeper shall contact the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 to request the issuance of a Certificate of Apiary Inspection for Out of State and Re-Entry Shipments Into Florida (FDACS-08061, revised 01/13) or Queen Certificate (FDACS 08057, revised 01/13). A sample of the Certificate of Apiary Inspection for Out of State and Re-Entry Shipments Into Florida (FDACS 08061, revised 01/13) may be viewed online at http://www.flrules.org/Gateway/reference. A sample of the Queen Certificate (FDACS 08057, revised 01/13) may be viewed online at http://www.flrules.org/Gateway/reference_________. Forms DACS-08061, revised 8/99 Certificate of Inspection for Out of State Shipments and Re-entry Into Florida, and incorporated herein by reference, or a Queen Certificate, DACS-08057, revised 10/99, and incorporated herein by reference, may be used for this purpose. A copy of forms DACS-08061 and DACS-08057 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100.

(b) A Department issued Certificate of Apiary Inspection for Out of State and Re-Entry Shipments Into Florida (FDACS 08061, revised 01/13) or Queen Certificate (FDACS 08057, revised 01/13) certificate, DACS-08061 or DACS-08057, is required on shipments of honeybees or other regulated articles going from the state showing that certification requirements have been met.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(7), 586.11 FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 6-20-00, 8-24-05,_______.

 

5B-54.015 Special Inspection to Meet Requirements of Other States and for Export to Foreign Countries.

Any person may request the department to provide inspection, sampling, and laboratory examination of honeybees and beekeeping equipment for the purpose of determining eligibility to meet special requirements for shipment to other states and for export, under the following procedures:

(1) File a request for inspection by submitting a completed Request for Special Inspection (FDACS 08179, revised 01/13) which on a form provided by the department. Form DACS-08179, Request for Special Inspection, revised 10/99, is hereby incorporated in this rule by reference and. A copy of form DACS-08179 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference_________.

(2) Provide authorized representatives with directions to the apiary, and, if requested, assistance in handling the colonies and equipment for examination.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.02(13), 586.03(3) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00,________.

 

5B-54.016 Interim Detention of Honeybees and Equipment.

Any honeybees and used beekeeping equipment, whether certified or not, may be detained for inspection by the department. If such bees or used beekeeping equipment are found to have been moved or transported into the state or within the state in violation of the rules of the department, or if found infested or infected with any regulated honeybee pests or unwanted races of honeybees, such honeybees or used beekeeping equipment shall be deported, destroyed or treated by the department within 48 hours upon the order of the department. A Daily Apiary Movement Reporting Form, (FDACS 08201, Rrevised 01/13) 10/99, to be used for this purpose is incorporated into this rule by reference and will be used for this purpose. A copy of FDACS-08201 and may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference________.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(4), 586.13 FS. History–New 11-22-88, Amended 6-20-00, __________.

 

5B-54.017 Destruction or Treatment of Infested or Infected Hives.

(1) American foulbrood. All hives found infected or infested with American foulbrood shall be destroyed by burning or shall be decontaminated by other methods prescribed or approved by the department. This action must be accomplished within 30 days of diagnosis and honeybee colonies and related equipment must be stored or maintained in such a manner that exposure to other honeybees is prevented. All colonies found in the same apiary where American foulbrood is detected shall be quarantined for a minimum of 30 days by issuing a Notice of Quarantine for American Foulbrood to determine apparent freedom from American foulbrood disease. A Notice of Quarantine, Stop-Sale and Hold Order For Honeybees, Hives, and Beekeeping Equipment, for American Foulbrood, (FDACS 08063, Revised 01/13) 12/99, is hereby incorporated in this rule by reference and. A copy of FDACS-08063 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference________.

(2) Other honeybee pests and unwanted races of honeybees. Discovery of other honeybee pests or unwanted races of honeybees in the state shall initiate the quarantine of all colonies located within a distance prescribed by the department of the infested apiary. All honeybees within the quarantine area shall be inspected. A recommended eradication or control method shall be determined and prescribed by the department.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(4), 586.13 FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 6-20-00, 8-24-05,_________.

 

5B-54.0175 Irradiation of Beekeeping Equipment.

Equipment from colonies found infected with American foulbrood may be irradiated as an alternative to destruction under the conditions below: approved by the department including the following:

(1) All honeybees, honey, and all visible signs of American foulbrood must be removed and destroyed under the direct supervision of the department and must be done in such a manner that exposure to other bees is minimized prevented.

(2) Under the direct supervision of the department, each piece of equipment including frames, supers, tops, bottoms, etc., shall be irradiated at a minimum dose rate of 20KGy treated in a manner approved by the department and marked verifying treatment at an irradication facility.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(8), 586.115, 586.13 FS. History–New 11-4-92, Amended _________.

 

5B-54.018 Compensation for Infested or Infected Colonies.

(1) Florida resident owners of colonies and regulated articles destroyed due to infection or infestation with American foulbrood will be compensated at the rate of 1/2 the estimated value of the honeybees and equipment, provided funding is available for this purpose; however, compensation shall not exceed $30.00 per colony. Also, compensation will be paid in full for the first 10 diseased colonies, after which payment will be discounted as follows: If the disease rate exceeds 50 percent of the total colony inventory, then the payment will be discounted 50 percent. The condition of the equipment to be destroyed shall be rated by the inspector and the beekeeper as good, fair, or poor. Any disagreement over the condition or value of equipment to be destroyed shall be arbitrated by the Chief of Apiary Inspection, the Cooperative Extension Service Apiary Specialist, and the Chairman of the Honeybee Technical Council. A Compensation Agreement, including the owner’s Social Security number, must be signed by the owner. The Compensation Agreement form, (FDACS 08062, rRevised 01/13) 7/99, is hereby incorporated in this rule by reference. A and a copy of DACS-08062 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference________.

(2) Other Honeybee Pests and Unwanted Races of Honeybees. Owners shall not be awarded compensation for depopulation of colonies due to the presence of honeybee pests or unwanted races of honeybees in the colonies or their possible subjection to infestation by these organisms, except by special provisions for compensation that may be established by state or federal legislation for damages incurred as a result of control or eradication procedures by the department.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.13, 586.14 FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 3-11-04,_________.

 

5B-54.019 Procedures for Abandoned Apiaries.

Any apiary found without proper identification or registration information is considered abandoned after which the following will apply:

(1) An inventory of the apiary will be conducted and each hive and piece of equipment tagged with an official department tag indicating the department’s label of abandonment. A Notice of Abandonment, Form (FDACS-08180, revised 01/13) 03/09, to be used for this purpose, is hereby incorporated in this rule by reference and may be used for this purpose. A local law enforcement agency and the landowner will be informed by written notice of the geographic location of such apiary. A copy of Notice of Abandonment (FDACS 08180, revised 01/13) Notice of Abandonment, may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100 or online at at http://www.flrules.org/Gateway/reference________.

(2) A reasonable effort will be made by the department during the immediately succeeding ninety (90) days to locate the owner or operator of the apiary.

(3) At the end of the ninety days, or upon the demand of the owner of the land where the apiary is located, the department will move the colonies to a holding location for an additional period not to exceed six months. The department will keep records of steps taken and management administered to maintain the colonies during this period.

(4) If the department has not located the owner at the end of six months it shall destroy, auction, or make such use of the equipment as it deems appropriate.

(5) Monies collected from the auction of equipment shall be deposited in the Plant Industry Trust Fund.

(6) If, during the period in which the department has colonies or equipment in a holding location, the owner comes forward with proper proof of ownership and desires to reclaim the colonies and equipment, the department shall be reimbursed for all movement and maintenance costs of the colonies or equipment. The reimbursement monies shall be deposited by the department in the Plant Industry Trust Fund.

(7) The department may contract with any person, company, or cooperative to move or maintain the abandoned colonies.

(8) The department, upon finding an abandoned apiary with colonies or equipment infested with a regulated honeybee pest and so exposing infestation to other apiaries or colonies, shall eliminate the infestation, with such action being witnessed by a local law enforcement officer.

Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(11), (12) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Gaskalla, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam,

Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 26, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 22, 2013