Definitions, Planting Cotton in the Eradication Zone and Required Participation, Planting Kenaf in the Regulated Area and Required Participation, Submission of Reporting Forms, Assessments and Penalties ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-52.001Definitions

5B-52.007Planting Cotton in the Eradication Zone and Required Participation

5B-52.0075Planting Kenaf in the Regulated Area and Required Participation

5B-52.009Submission of Reporting Forms, Assessments and Penalties for Late Payment, and Cotton Destruction

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 137, July 15, 2020 issue of the Florida Administrative Register.

5B-52.001 Definitions and Purpose.

(1) For the purpose of this rule chapter, the following definitions shall apply:

(a) through (r) No change.

(s) Plant pest of cotton. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or their reproductive parts, or viruses, or any organisms similar to or allied with any of the foregoing, including any genetically engineered organisms, or any infectious substances which can directly or indirectly injure or cause disease or damage in any Cotton or Kenaf plants or their plant parts or any processed, manufactured, or other plant products.

(t) through (x) No change.

(2) The purpose of this rule chapter is to establish procedures for the production of Regulated articles within the State of Florida, to establish per-acre annual assessments for the offsetting of program costs, to provide procedures for the collection of such assessments, to specify conditions under which Regulated articles may be produced, and to provide penalties for violations of this rule.

Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(1), (2) FS. Law Implemented 581.031, 581.101, 593.102, 593.103(1), (2) FS. History–New 12-21-87, Amended 6-20-00,                            .

 

5B-52.007 Planting Cotton in the Regulated Area and Required Participation.

(1) No change.

(2) Noncommercial cotton. Noncommercial cotton shall not be produced in the Regulated area without a permit issued by the Division director. Persons seeking a permit to produce Noncommercial cotton in the Regulated area must submit a completed Application and Permit to Move Organisms Regulated by the State of Florida, FDACS-08208, Rev. 01/13, incorporated by reference in Rule 5B-57.004, F.A.C. request letter to the Division that consists of the location and size of the production area and the purpose for producing the Cotton.

(3) No change.

(4) Notice of destruction. The Department may issue an order directing any cotton grower to destroy any Cotton that is not grown in compliance with ss. 581.031(20), 593.101-593.117, F.S. or this rule.

Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(2) FS. Law Implemented 581.031, 581.101, 593.103(9), 593.106(1), 593.109(1) FS. History–New 12-21-87, Amended 6-20-00,                            .

5B-52.0075 Planting Kenaf in the Regulated Area and Required Participation

(1) No change.

(2) Noncommercial Kenaf.  Noncommercial Kenaf shall not be produced in the Regulated area without a permit issued by the Division.  Persons seeking a permit to produce Noncommercial Kenaf in the Regulated area must submit a completed Application and Permit to Move Organisms Regulated by the State of Florida, FDACS-08208, Rev. 01/13, incorporated by reference in Rule 5B-57.004, F.A.C. request letter to the Division that consists of the location and size of the production are, and the purpose for producing the Kenaf.

(3) Notice of destruction.  The Department may issue an order requiring the owner to destroy any Commercial or Noncommercial Kenaf that is not grown in compliance with chapter 581, F.S., ss. 593.101-593.117, F.S., or this rule.

Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(2) FS. Law Implemented 581.031, 581.101 FS. New__________.

 

5B-52.009 Submission of Reporting Forms, Assessments and Penalties for Late Payment, and Cotton Destruction.

(1) Each Commercial cotton grower shall submit a completed Report of Acreage Form (FSA-578, 10/15/2003), incorporated herein by reference and available online at http://www.flrules/Gateway/reference.asp?No=Ref-XXXXX., to the Federal Farm Service Agency (FSA) office servicing the county where the Cotton is grown. This form provides the acreage planted by the Commercial cotton grower and shall be submitted each year the program remains in effect.

(2) through (3) No change.

Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 593.103(4), (10), 593.105, 593.109, 593.116(2) FS. History–New 12-21-87, Amended 4-2-89, 12-24-90, 6-26-94, 6-20-00,                                          .