5C-9 was created in 1962 to address a pest outbreak that has since been eradicated for majority of the United States and is localized in the southern Texas region. These rules are no longer relevant and do not reflect the ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-9.001Definitions

5C-9.002Quarantine

5C-9.003Systematic Tick Eradication Area

5C-9.004Movements from Systematic Tick Eradication Area

5C-9.005Movements from Free Area to Quarantined Area

5C-9.006Hides, Importation

5C-9.007Violation of Rules

PURPOSE AND EFFECT: Rule Chapter 5C-9, F.A.C. was created in 1962 to address a pest outbreak that has since been eradicated for majority of the United States and is localized in the southern Texas region. These rules are no longer relevant and do not reflect the Department’s current practices. If this pest does reappear in Florida, the Division will use current Florida Statutes, rules and practices to implement import and movement restrictions and requirements. The Division will also use a modern scientific approach of eradication methods than what is specific in the current rule. If an updated rule becomes necessary, the Division will enter the Emergency Rule creation and implementation process.

SUMMARY: Repeal of Chapter 5C-9, F.A.C.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The rulemaking does not impose fees or otherwise require costs as it repeals an existing rule.

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: 585.002(3), 585.08(2), 585.24(4), (5) FS.

LAW IMPLEMENTED: 585.08(1), 585.11(1), 585.16, 585.145(1), (2) 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: Erica Field, Assistant Division Director

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5C-9.001 Definitions.

Rulemaking Authority 585.002(3), 585.08(2), 585.24(4), (5) FS. Law Implemented 585.08(1), 585.11(1) FS. History–New 6-29-62, Formerly 5C-9.01, Repealed             .

 

5C-9.002 Quarantine.

Rulemaking Authority 585.002(3), 585.08(2), 585.24(4), (5) FS. Law Implemented 585.145(1), 585.08(1) FS. History–New 6-29-62, Formerly 5C-9.02, Repealed             .

5C-9.003 Systematic Tick Eradication Area.

Rulemaking Authority 585.002(3), 585.08(2), 585.24(4), (5) FS. Law Implemented 585.16, 585.145(1), (2), 585.08(1) FS. History–New 6-29-62, Formerly 5C-9.03, Repealed             .

 

5C-9.004 Movements from Systematic Tick Eradication Area.

Rulemaking Authority 585.002(3), 585.08(2), 585.24(4), (5) FS. Law Implemented 585.08(1), 585.16, 585.145(1), (2) FS. History–New 6-29-62, Formerly 5C-9.04, Repealed             .

 

5C-9.005 Movements from Free Area to Quarantined Area.

Rulemaking Authority 585.002(3), 585.08(2), 585.24(4), (5) FS. Law Implemented 585.08(1), 585.16, 585.145(1), (2) FS. History–New 6-29-62, Formerly 5C-9.05, Repealed             .

5C-9.006 Hides, Importation.

Rulemaking Authority 585.002(3), 585.08(2), 585.24(4), (5) FS. Law Implemented 585.16 FS. History–New 6-29-62, Formerly 5C-9.06, Repealed             .

5C-9.007 Violation of Rules.

Rulemaking Authority 585.002(3), 585.08(2), 585.24(4), (5) FS. Law Implemented 585.007(1), (2), 585.145(1), (2) FS. History–New 6-29-62, Formerly 5C-9.07, Repealed             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Michael Short, State Veterinarian, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture, Nicole “Nikki” Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 11/02/2020