The purpose of this amendment is to remove the exemption of aquatic plants from nursery stock classification, revise dates and titles of forms, add additional quarantine pests of limited distribution, remove fumigation services that are no longer ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-2.001Definitions

5B-2.0011Purpose

5B-2.002Registering with the Division

5B-2.0025Certification and Quarantine of Nursery Stock

5B-2.004Certificates of Inspection (Tags)

5B-2.008Record of Movement of Nursery Stock or Plant Material Under Inspection

5B-2.010Special Inspection and Certification Fees

PURPOSE AND EFFECT: The purpose of this amendment is to remove the exemption of aquatic plants from nursery stock classification, revise dates and titles of forms, add additional quarantine pests of limited distribution, remove fumigation services that are no longer offered by the Division, and revise the fee structure to have minimal impact on industry stakeholders. This will accurately outline plant pests of regulatory significance and actions taken when these pests are detected in the state while offsetting some of the increased expense to maintain service to the public.

SUMMARY: This amendment is to update the nursery stock classification, revise reference materials titles and revision dates, provide an update to quarantined pests of limited distribution in Florida, remove fumigation services no longer provided, and to revise the fee structure to minimally impact the industry stakeholders.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department reviewed current regulatory costs to the industry and proposed changes to reduce economic impact. Additionally, no interested party submitted additional information regarding the economic impact.

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: 570.07(13), (23), 581.031(1), (3), (4), (5), (8), (23) FS.

LAW IMPLEMENTED: 581.031 (4), (5), (6), (7), (19), (21), 581.083, 581.101, 581.121, 581.131, 581.141 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: Dr. Greg Hodges, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-2.001 Definitions and Purpose.

(1) For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply:

(a)(1) Balled and burlapped. A term used to describe a horticultural practice whereby plants are extracted from the soil with a portion of the roots and the growing medium intact forming the ball. The ball is wrapped with burlap or other materials appropriate for supporting the ball during handling.

(b)(2) Bare-root. Plants with roots from which the growing medium in which it was grown has been removed.

(c)(3) Certified turfgrass. Turfgrass produced for purposes of ornamental ground cover by an individual who has requested certification in order to comply with plant quarantine restrictions or phytosanitary requirements. Pasture or forage grasses are specifically excluded from this definition.

(d)(4) Container nursery stock. Plants established in growing media contained in containers such as clay pots, plastic pots, or cans, etc.

(e)(5) Exposed. Subject to infestation because of proximity to or contact with a plant pest.

(f)(6) Location Outlet. A nursery, stock dealer, plant broker or agent offering nursery stock for sale or distribution under the control of a parent organization, corporation, partnership, personal business, cooperative, or other legal business entity.

(7) Propagating material. Unrooted scions and cuttings in the process of developing root systems; seedlings and asexually produced plants which are being developed to a saleable size.

(8) Psorosis complex of viruses. A combination of viruses (psorosis-A, psorosis-B, and ringspot) that induce bark-scaling, internal wood staining, ringspots or irregular chlorotic patterns in the foliage, or eventual tree decline.  The disease is spread primarily by propagation using infected budwood.

(2) The purpose of this chapter is to provide instructions for registering, inspecting, and certifying nurseries, stock dealers, plant brokers, and agents. It provides guidelines for issuance and use of certificates denoting that requirements of Florida and other states regarding inspection or treatment of plant products have been met.  It provides a fee schedule to reimburse the State of Florida for cost or partial cost of nursery inspections, special certifications, certain treatments of plant products, and other inspections. It also provides criteria for determining grades and standards for nursery stock, plant viability and penalties for violation. Additional information may be obtained by writing to the Division of Plant Industry, P. O. Box 147100, Gainesville, Florida 32614-7100.

Rulemaking Authority 570.07(23), 581.031(1), (4), (5), FS. Law Implemented 581.011, 581.031, 581.083, 581.121, 581.131, 581.141, FS. History–Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.01, Amended 6-7-95, 8-26-03, Repromulgated 3-11-04, Amended __________________.

 

Substantial rewording of 5B-2.0011 follows.  See Florida Administrative Code for present text.

5B-2.0011 Referenced Material

The following documents are herby adopted and incorporated by reference.  These documents may be obtained by writing to the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Plant and apiary Inspection, P.O. Box 147100, Gainesville, Florida 32614-7100, or online as indicated.

(a) Form FDACS 08004, Revised 11/15, Application For Certificate of Registration, http://www.flrules.org/Gateway/reference.

(b) Form FDACS 08006, Revised 11/15, Annual Nursery Registration Fee Notice, http://www.flrules.org/Gateway/reference.

(c) Form FDACS 08011, Revised 11/15, General Nursery Stock Inspection Certificate, http://www.flrules.org/Gateway/reference.

(d) Form FDACS 08022, Revised 11/15, Annual Stock Dealer And Registration Fee Notice, http://www.flrules.org/Gateway/reference.

(e) Form FDACS 08077, Revised 11/15, Nematode Report, http://www.flrules.org/Gateway/reference.

(f) Form FDACS 08078, Revised 11/15, Botany Specimen Report, http://www.flrules.org/Gateway/reference.

(g) Form FDACS 08086, Revised 11/15, Request For Authorization To Print Certificates Of Inspection, http://www.flrules.org/Gateway/reference.

(h) Form FDACS 08161, Revised 11/15, Caribbean Fruit Fly Protocol Program Application For Participation, http://www.flrules.org/Gateway/reference.

(i) Form FDACS 08222, Revised 11/15, Special Inspection Certificate Receipt, http://www.flrules.org/Gateway/reference.

(j) Form FDACS 08233, Revised 11/15, Caribbean Fruit Fly Certification Program Establishment Of McPhail Traps, http://www.flrules.org/Gateway/reference.

(k) Form FDACS 08270, Revised 11/15, Consolidation Declaration For Florida Nursery Stock Destined To Texas Or Louisiana, http://www.flrules.org/Gateway/reference.

(l) Form FDACS 08400, Revised 11/15, Specimen Submission Form, http://www.flrules.org/Gateway/reference.

(m) Form FDACS 08429, Revised 11/15, Plant Pathology Specimen Report, http://www.flrules.org/Gateway/reference.

(n) Form FDACS 08472, Revised 11/15, Texas / Louisiana Stock Dealer Compliance Agreement, http://www.flrules.org/Gateway/reference.

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031, 581.083, 581.121, 581.131, 581.141 FS. History–New 6-15-81, Amended 10-28-85, Formerly 5B-2.011, Amended 5-17-92,                            .

 

5B-2.002 Registering with the Division.

Every nurseryman, stock dealer, and plant broker, and agent shall register with the division before moving, distributing or offering nursery stock for sale. All aquatic plants offered for sale or distribution at the retail level, seeds, cut flowers, cut fern, cut foliage (greens) not for propagation, and lawn and pasture grasses not produced as certified turfgrass are specifically exempted from nursery stock classification for registration purposes, when apparently free from injurious plant pests.

(1) Nursery Registration Requirements.

(1)(a) Application for registration of nurseries shall be made upon an a form, Application For Certificate Of Registration, FDACS-08004, Rrevised 11/15 6/03, as incorporated in Rule 5B-2.0011, F.A.C., herein by reference, to be furnished by the division,which shall contain provisions with which the applicant must comply, and must be signed by the applicant or applicant’s representative. Application form DACS-08004, revised 6/03, supplied by the division for this purpose and is incorporated herein by reference. Copies of DACS-08004, Application For Certificate of Registration, may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100.

(a)(b) Nurserymen desiring to obtain a certificate of registration and move, sell, distribute, or offer nursery stock for sale and obtain a certificate of registration shall request an inspection by the division at least thirty (30) days in advance of the date upon which they desire to move or offer nursery stock for sale. Nurserymen requesting immediate inspection may be charged an additional special inspection fee sufficient to defray the cost of inspection.

(b)(c) The nursery stock must be inspected by an authorized representative of the division and found to be apparently free from plant pests of quarantine significance and to be reasonably free from common plant pests.

(c)(d) The nursery must be in such condition, in regard to spacing, growth, and weed control, as to allow for permit an efficient inspection for plant pests.

(e) The nurseryman must agree to comply with all rules of the division.

(d)(f) Nurserymen, unless exempted under paragraph 5B-2.002(1)(g), F.A.C., must pay an annual certificate of registration fee. Such fee shall be determined by the amount of nursery stock inventoried in the nursery by an authorized representative during the first inventory inspection after July 1.; or Ffor field-produced vegetable transplants, field-produced bulbs, and field-produced corms and tubers, the certificate of registration fee shall be based on the amount of planted acreage provided that the total fee does not exceed four hundred sixty dollars ($460). Upon meeting registration requirements, a certificate of registration shall may be issued by the division which shall expire twelve (12) months following date-of-issue. For fee purposes nursery stock shall be grouped into two categories, except for field-produced vegetable transplants, field-produced bulbs, and field-produced corms and tubers which shall be determined by planted acreage. The two categories for nursery stock shall include standard stock and propagating material. Standard stock shall include all nursery stock inventoried by unit for sale or distribution; i.e., pot, balled and burlapped, or tray (for seedlings and liners). Propagating material shall include breeding stock, stock plants, rooting beds or other growing units, production beds for seeds and aquatic plants. The fee for nurseries having both standard stock and propagating material shall be determined by converting propagative material to standard stock at a ratio of 10 to 1. The figure so determined will be added to the standard stock inventory and the fee shall be determined on the combined total. Nurseries having nursery standard stock, propagating material and field-produced vegetable transplants, field-produced bulbs, and field-produced corms or tubers shall have the planted acreage fee added to the fee determined for nursery standard stock and propagating material. The combined fees shall not exceed four hundred sixty dollars ($460).

1. Schedule of fees determined by nursery stock inventory shall be as follows:

	Number of Plants	Amount of Fee
	1-1,000	$35.00 25.00
	1,001-5,000 2,500	$50.00 35.00
	2,501-5,000	46.00
	5,001-25,000 10,000	$100.00 69.00
	10,001-25,000	92.00
	25,001-100,000 50,000	$200.00 115.00
	50,001-100,000	173.00
	100,001- 200,000 150,000	$300.00 219.00
	150,001-200,000	265.00
	200,001-300,000 250,000	$350.00 311.00
	250,001-300,000	357.00
	300,001-350,000	403.00
	350,001-400,000	449.00
	Over 300,000 400,000	460.00

 

2. Schedule of fees determined by planted acreage for field-produced vegetable transplants, field-produced bulbs, and field-produced corms and tubers shall be as follows:

	Number of Acres	Amount of Fee
	1-15	$50.00 $25.00
	6-10	35.00
	11-15	46.00
	16-25 20	$100.00 69.00
	21-25	92.00
	26-35 30	$200.00 115.00
	31-35	172.00
	36-45 40	$300.00 218.00
	41-45	265.00
	46-60 50	$400.00 311.00
	51-60	357.00
	61-80 70	$450.00 403.00
	71-80	449.00
	Over 81	460.00

 

3. Schedule of fees determined by planted acreage for certified turfgrass shall be as follows:

Number of Acres	Amount of Fee
1 – 200 50	$50.00 $25.00
51 – 100	35.00
101 – 200	46.00
201 – 400 300	$100.00 69.00
301 – 400	92.00
401 – 600 500	$200.00 115.00
501 – 600	172.00
601 – 800 700	$300.00 218.00
701 – 800	265.00
801 – 1000 900	$400.00 311.00
901 – 1000	357.00
1001 – 3000 2000	$450.00 403.00
2001 – 3000	449.00
Over 3000	460.00

 

(e)(g) Governmental agency nurseries whose nursery stock is used exclusively for planting on government property are exempt from payment of a certificate of registration fee.

(f)(h) All annual renewal documents for certificate of registration shall be returned not later than the anniversary date of the certificate being renewed, and accompanied by the appropriate fee. An Annual Nursery Registration Fee Notice, FDACS-08006, Revised 11/15, incorporated in Rule 5B-2.0011, F.A.C., is supplied by the division for this purpose.

(2) Stock dealers, plant brokers, and agents. Stock dealers, and plant brokers, and agents shall comply with the following stipulations to meet certification requirements:

(a) Those persons who desire to apply for certification and registration as a stock dealer, or plant broker, or agent shall may do so make application by completing an Application For Certificate Of Registration, division form FDACS-08004, Rrevised 11/15 6/03, incorporated in 5B-2.0011, F.A.C. This application form should be filed with the division thirty (30) days prior to the date the stock dealer, or plant broker, or agent desires to begins operation. The completed application shall be accompanied by payment of the fee as designated in paragraph 5B-2.002(2)(c), F.A.C. 5B-2.002(2)(d), F.A.C.;

(b) All annual renewal documents for certificate of registration shall be returned not later than the anniversary date of the certificate being renewed, and accompanied by the appropriate fee.; (c) The Annual Application for Renewal of Nursery Stock Dealer’s Certificate of And Registration Fee Notice form, FDACS-08022, Rrevised 11/15 6/03, is supplied by the division for this purpose and is incorporated in Rule 5B-2.0011, F.A.C. herein by reference. Copies of DACS-08022 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100;

(c)(d) The certificate of registration fee for a stock dealer with an inventory of less than 5,000 plants, or plant broker, and agent establishments shall be $25.00 per location outlet. The certificate of registration fee for a stock dealer with an inventory of 5,000 or more plants shall be $69.00 per location outlet. The inventory for such a stock dealer shall be determined by an authorized representative during the first inspection after July 1.

(d)(e) A stock dealer, or plant broker, or agent shall comply with all the provisions of Chapter 581, F.S., comply with and the rules of the department, and shall obtain nursery stock only from certified nurseries.;

(e)(f) Stock dealer, or plant broker, and agent certificates of registration shall expire twelve (12) months from  the original registration or annual renewal date.

Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.131, 581.141 FS. History–Amended 12-31-74, 6-24-75, 3-25-79, 6-15-81, 10-28-85, Formerly 5B-2.02, Amended 5-17-92, 6-7-95, 11-29-95, 6-12-00, 8-26-03, 3-11-04,                             .

 

5B-2.0025 Certification and Quarantine of Nursery Stock.

(1) Foreign plant pests requiring immediate quarantine action. All nursery stock found to be infested or infected with or exposed to a plant pest not known to be established in the state will be quarantined, placed under stop sale using a Hold Order And Quarantine, FDACS 08016, Revised 02/10, as incorporated by reference in 5B-65.005, F.A.C., and will not be eligible for certification until the plant pest has been eliminated and released from quarantine and stop sale by the Department.

(2) Plant pests of limited distribution in Florida requiring immediate quarantine action. All nursery stock found infested or infected with or exposed to a plant pest of limited distribution in Florida, including the listed species below shall be quarantined and placed under stop sale using a Stop Sale Notice and Hold Order subject to immediate quarantine action and will not be eligible for certification until the plant pest has been eliminated treated as prescribed by the department and released from quarantine and stop sale by the Department.

(a) Insects.

1. Aleurodicus rugioperculatus - gumbo limbo whitefly

2.Aulacaspis yasumatsui - Asian cycad scale

3.Ceroplastes stellifer -stellate scale

4.1. Diaphorina citri - (Asian citrus psyllid);

5.2. Diaprepes abbreviatus - (diaprepes root weevil);

6. Duponchelia fovealis - European pepper moth

7.3. Maconellicoccus hirsutus - (pink mealybug);

8.4. Metamasius callizona - (bromeliad weevil);

9.5. Metamasuis hemipterus - (palm and sugarcane weevil);

10.6. Morganella longispina - (scale insect) (plumose scale);

11. 7. Myllocerus undatus - Myllocerus (weevil);

12. Noctua pronuba - large yellow underwing

13. Oligonychus persae - avocado mite

14.8. Opuntiaspis spp. - (scale insect);

15.9. Paratachardina lobata - (lobate lac scale);

16.10. Parlatoria ziziphi - (black parlatoria scale insect);

17. Phalacrococcus howertoni - Howerton’s scale

18.11. Philephedra sp. - (scale insect);

19.12. Phoenicococcus marlatti - (red date scale); and

20.  Raoiella indica - red palm mite

21.  Singhiella simplex - ficus whitefly

13. Vinsonia stellifera (stellate scale).

22.  Xyleborus glabratus - redbay ambrosia beetle

(b) Diseases.

1. Agrobacterium tumefaciens - (crown gall);

2. Cucumber green mottle mosaic virus

3. Cucurbit leaf crumple begemovirus

4. Cucurbit yellow stunting discorder crinivirus

5. Guignardia citricarpa - citrus black spot

6.2. Lethal yellowing of palms;

7. Pepino mosaic virus

8.3. Phomopsis gardeniae - (gardenia canker);

9. Phytophthora tropicalis

4. Psorosis complex of viruses;

10.5. Puccina pelargonii – zonalis - (geranium rust);

11.6. Sphaceloma poinsettia - (poinsettia scab); and

12. Texas phoenix palm decline phytoplasma

13.7. Tomato yellow leaf curl virus (all in the complex) .

(c) Mollusks (Snails).

1. Otala lactea - (milk snail); and

2. Zachrysia provisoria - (Cuban land snail).

(d) Nematodes. Meloidogyne enterolobii - root-knot nematode. Meloidogyne mayaguensis.

(3) Common Plant Pests. All nursery stock found infested or infected with a common plant pest shall be quarantined and placed under stop sale using a Hold Order And Quarantine, FDACS 08016, Revised 02/10, as incorporated by reference in 5B-62.005, F.A.C., subject to immediate quarantine action when the population of the plant pest is adversely affecting the nursery stock. The nursery stock will not be eligible for certification until the plant has been eliminated treated as prescribed by the department and released from quarantine and stop sale by the Department.

Rulemaking Authority 570.07(13), (23), 581.031(4), (5) FS. Law Implemented 581.031(4), (5), (6), (7), (30), 581.083, 581.101 FS. History–New 6-7-95, Amended 10-8-96, 8-26-03, __________.

 

5B-2.004 Certificates of Inspection (Tags).

Any person properly registered with the division as a nursery, stock dealer, or plant broker, agent, or any person obtaining inspection services from the division shall may apply for authorization to print, or have printed, certificates of inspection (tags). A Request For Authorization To Print Certificates Of Inspection, Application form  FDACS-08086, Rrevised 11/15 1/00, is supplied by the division for this purpose and is incorporated in Rule 5B-2.0011, F.A.C. herein by reference. Copies of DACS-08086, Request For Authorization To Print Certificates (Tags) of Inspection, may be obtained from the Division of Plant Industry, Bureau of Plant Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100. Upon approval review of the application, the division will may authorize reproduction of designated quantities of certificates by the applicant. These certificates may be imprinted on waybills, bills of lading, separately, or as rubber stamps. The cost of reproduction is solely that of the registrant and shall in no way be considered the responsibility of the division. The division may revoke or suspend certificates for non-compliance cause, whereupon at the request of the division all certificates, tags and rubber stamps previously approved by the division shall be relinquished to the division. Special Inspection Certificate Receipt, FDACS-08222, Rrevised 11/15 12/99, incorporated in Rule 5B-2.0011, F.A.C., shall be completed on all certificates, tags and rubber stamps that are relinquished to the division. Copies of DACS-08222 may be obtained from the Division of Plant Industry, Bureau of Plant & Apiary Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100.

(1) General nursery stock inspection certificate tag shall be required:

(a) On each movement or shipment of nursery stock intended for resale within the state;.

(b) On all nursery stock moving out of state;.

(c) On every separate package, bundle, box, container, or individual shipment of nursery stock shipped by mail, express, common carrier, etc., whether in-state or out-of-state;.

(d) For citrus nursery stock sold or distributed directly to Florida consumers for use as ornamental or dooryard plantings. A General Nursery Stock Inspection Certificate Tag, FDACS-08011, Rrevised 11/15 11/99, is supplied by the division for this purpose and is as incorporated by reference in Rule 5B-2.0011, F.A.C., must be attached to each plant or container. herein by reference. Copies of DACS-08011, General Nursery Stock Inspection Tags, may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100.

(2) Uuse of certificates of inspection (Tags) for nursery stock:

(a) Applicants shall not use or permit to be used any certificate of inspection (tag or rubber stamp) for movement of nursery stock other than that certified by the division.

(b) Applicant may use a his certificate of inspection (tag or rubber stamp) on nursery stock obtained from other sources which are registered or certified by the department except for nematode certificates.

(c) All certificates issued or authorized by the division shall remain the property of the division until used or expired.

(d) Alteration or reuse of any certificate issued by or authorized by the division is prohibited.

(e) Printing or duplication of any certificate issued by the division is prohibited without prior written permission by the division for each printing or duplication.

(f) Certificates of inspection (tags) must be dated for validation.

(3) Uuse of nematode certificates for shipments to other states:

(a) Use of nematode certificates (DACS-08048, revised 2/00, DACS-08049, revised 7/99, and DACS-08130, Revised 2/00), incorporated herein by reference, for movement of plants, plant parts, or other regulated articles, not approved for use by the certified source, is prohibited. Copies of DACS-08048, DACS-08049, and DACS-08130 may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100.

(b) Nematode certificates (DACS-08048, DACS-08049, and DACS-08130) shall not be issued to stock dealers, plant brokers or agents, except individual shipments may be certified when the shipments meet the requirements of the nematode certificate.

(c) Plants from a nematode certified nursery shall not be moved under the nematode certification of another nursery. Shipments of nematode certified nursery stock shall be accompanied by the producing nursery’s nematode certificate.

(d) A California Nematode Certification Checkoff List, DACS-08220, revised 7/99, shall be completed by an authorized representative of the department to document the nursery’s compliance with California’s nematode regulations. California Nematode Certification Checkoff List, DACS-08220, revised 7/99, is supplied by the division for this purpose and is incorporated herein by reference. Copies of DACS-08220, California Nematode Certification Checkoff List, may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100.

Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 581.031(21), 581.131 FS. History–Amended 6-26-55, Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.04, Amended 7-27-86, 5-17-92, 6-7-95, 10-8-96, 6-12-00,                             .

 

5B-2.008 Record of Movement of Nursery Stock or Plant Material Under Inspection.

The owners, officers, and employees of any nursery, stock dealer, or plant broker, or agent establishment, or any person who has in his possession plants or plant products, infested or infected, or exposed to infestation or infection, with any plant pest deemed to be of quarantine significance by the department or which has been determined to be heretofore been so infested or infected, shall, on demand of the division Division of Plant Industry, furnish a list of all movements of plants or plant products from or to said nursery, stock dealer, plant broker, agent or establishment from any date set by the division up to and including the date of such demand. Said list shall show the names and addresses of all purchasers, consignors, the names and addresses of all consignees, and a complete description of the stock included in each and every shipment.

Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(19) FS. History–Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.08, Amended 5-17-92,                             .

 

5B-2.010 Special Inspection and Certification Fees

Special inspection and certification services that may be provided by the division, when requested by farmers, growers or other interested parties may include special treatments, special pest identifications, special plant identifications, special investigations, and special regulatory activities not otherwise specifically provided for by Chapter 581, F.S. Governmental agencies requesting special inspections or permits for research purposes may shall be exempt from fees. The prescribed fees for these special inspections and certifications shall be as follows:

	Type of Certification		Charge		Form
	Inspection and state of origin certificate, Phytosanitary reexport certificate, Phytosanitary reexport certificate, Post entry quarantine site inspection.2		Mileage1 and $50 minimum per inspection.2		DACS-080143, Phytosanitary Export Certificate, Revised 3/05. DACS-080503, Inspection Aand State of Origin Certificate, Revised 4/06. DACS-081663, Attachment for State Phytosanitary Export Certificate, Revised 10/04.
	Other special inspection.2		Mileage1 and $50 minimum per inspection2.		DACS-082113, Blueberry Certificate, Revised 5/06. DACS-082123, Apple and Pear Maggot Certification, Revised 5/05. DACS-080463, Mamey Fruit Certificate, Revised 5/06. DACS-082133, Caribfly Fumigation Certificate, Revised 5/05. DACS-082403, Cold Treatment, Certificate Revised 5/05. DACS-082213, California Hydrilla Quarantine, Revised 5/05. DACS-082603, Noxious Weed Certification, Revised 9/99.
	Follow-up Quarantine Inspections. No charge first inspection.		Mileage1 and $50 minimum per inspection.2		DACS-080013, Nursery, Stock Dealer and Special Inspection Report, Revised 7/05.
	Phytosanitary export certificate noncommercial (homeowner plants or homeowner plant products), and temporary certificate of inspection.		Mileage1 and $25 minimum per inspection. 2		DACS-080143, Phytosanitary Export Certificate, Revised 3/05. FDACS-080103, Temporary Certificate Oof Inspection, Revised 3/05.
Cut flower, cut fern.				$10 per acre per crop. Inspection plus mileage1, $25 minimum per location.		DACS-082893 Certificate for Cut Foliage, Flowers & Aquatic Plants, Revised 6/05.
Import inspection for commercial shipments of plants or plant products.				Mileage1 and $50 per hour per inspection from time of arrival to departure, $50 minimum per location.		DACS-080013, Nursery, Stock dealer & Special Inspection Report, Revised 7/05.
Growing season field inspection of bulbs, seed, vegetable and tobacco transplants.				$10 per acre per inspection plus mileage1, $25 minimum per location.		DACS-081593, Growing Season Inspection Report, Revised  10/04. DACS-082373, Vegetable Inspection Report, Revised 3/05.
Witnessing budwood or graftwood cutting.				Mileage1 and $5 per 1,000 budeyes cut, $10 minimum, $25 maximum.		DACS-081723, Source Tree Bud Cutting Report, Revised 5/06. DACS-081113, Certification to Witness Registered Budwood, Revised 7/03.
Vegetable transplants, aquatic and annual (bedding) plants (greenhouse, hotbeds, or other growing units).				Mileage1 and $25 per minimum for first 10,000 square feet of growing unit space, $25 minimum per location or less of additional growing space per inspection and $10 for each 1000 square feet of approved growing space per inspection.		DACS-082373, Vegetable Inspection Report, Revised 3/05. DACS-082893, Certificate for Cut Foliage, Flowers & Aquatic Plants, Revised 6/05. DACS-082903, Tomato/Tobacco Plant Certificate, Revised 8/99.
Nematode certification.				Mileage1 and $50 per sample.		DACS-08038, Citrus Nursery Stock Inspection Tag, Revised 10/03. DACS-080483, Burrowing Nematode Certificate, Revised 9/05. DACS-080493, Nematode Certificate of Inspection for Shipping Nursery Stock to California, Revised 11/03. DACS-081303, Reniform Nematode Certificate, Revised 10/05. DACS-082543, Nematode Certificate of Inspection for Shipping Nursery Stock to California  from Stock dealers/Brokers, Revised 5/06. FDACS-082703, Consolidation Declaration Ffor Florida Nursery Stock Destined Tto Texas Oor Louisiana, Revised 11/15 11/03. FDACS-08472, Revised 11/15, Texas / Louisiana Stock Dealer Compliance Agreement
Fumigation services.				$150 per fumigation of loads 40 cu. ft. or less, $350.00 per fumigation of loads exceeding 40 cu. ft.		DACS-082073, Request for Fumigation – Wahneta Facility, Revised 4/06. DACS-080993, Certificate of Treatment, Revised 6/03.
Irradiation treatment.				$200 minimum, $500 per hour.
Botany diagnostic fee.				$55 per sample		FDACS 08078, Botany Specimen Report, Revised 11/15.
Entomology Special diagnostic fees   Entomology.				$55 per sample.		FDACS 08400 Specimen Submission Form, Revised 11/15. DACS-080743, Entomology Specimen Report, Revised 11/99.
Plant Pathology diagnostic fee. Disease specimens.				$55 per sample.		FDACS 08429-080793, Plant Pathology Specimen Report, Revised 11/15 1/00.
Molecular diagnostic fee.				$55 per sample.		FDACS 08078, Botany Specimen Report, Revised 11/15. FDACS 08400 Specimen Submission Form, Revised 11/15. FDACS 08429, Plant Pathology Specimen Report, Revised 11/15 . FDACS 08077, Nematode Report, Revised 11/15.
Lettuce mosaic samples.				$90 per sample ($180 if found positive).		FDACS 08429, Plant Pathology Specimen Report, Revised 11/15 .
Nematology diagnostic fee roots and soil.				$55 $25 per sample.		FDACS-080773, Nematode Report, Revised 11/15 4/03.
Caribbean fruit fly protocol participation.				Up to $4.00 $3.50 per acre per month.		FDACS-081613, Caribbean Fruit Fly Protocol Program Application Ffor Participation, Revised 11/15 4/06. FDACS-082333, Caribbean Fruit Fly Certification Program-Establishment Oof McPhail Traps, Revised 11/15 5/06.
Grades and Standards regrading inspections.				Mileage1 and $50 per hour per inspector from time of arrival to departure, $50 minimum per inspection2.		DACS-082283, Grades and Standards – Regrading Report, Revised 6/05.
Permits for importing regulated organisms.				$12.50 per species not to exceed $50 per permit.		FDACS-082083, Application Aand Permit Tto Move Organisms Regulated Bby Tthe State Oof Florida, Revised 1/13 5/06, incorporated by reference in 5B-57.004, F.A.C.

 

1Mileage shall be based on the prevailing state mileage rate.

2There shall be a $15 charge for each additional phytosanitary export, phytosanitary reexport, inspection and state of origin, post entry quarantine site inspection and other applicable special inspection certificates written at the same location for the same destination provided no inspection was made.

3All DACS forms referenced above are supplied by the division and are incorporated herein by reference. Copies of any of these forms may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100.

Rulemaking Authority 570.07(23), 581.031(23) FS. Law Implemented 581.031 FS. History–New 6-15-81, Amended 10-28-85, Formerly 5B-2.10, Amended 7-27-86, 5-6-87, 11-19-89, 5-17-92, 11-29-95, 4-9-96, 10-8-96, 6-12-00, 3-31-02, 11-8-06,                                          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Greg Hodges, Assistant Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12/17/2015