Florida Administrative Code

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

(1) American foulbrood (AFB), Paenibacillus larvae, a bacterial spore forming disease affecting honey bee larvae, can spread rapidly causing honey bee colony decline and hive mortality if left unmanaged. All colonies found infected or infested with AFB shall be destroyed by burni…

Equipment from colonies found infected with American foulbrood may be irradiated as an alternative to destruction under the conditions below: (1) All honey bees, honey, and all visible signs of American foulbrood must be removed and destroyed under the direct supervision of the d…

(1) Florida registered beekeepers of colonies and regulated articles destroyed due to infection or infestation with American foulbrood will be compensated provided funding is available for this purpose at $25.00 per colony. Also, compensation will be paid in full for the first 10…

Any apiary found without proper identification as referenced in Rule 5B-54.013, F.A.C., 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 indic…

For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply: (1) Dogwood anthracnose. A fungal disease of dogwood (Cornus spp.) incited by the fungus Discula destructiva. (2) Exposed. Subjected to dogwood anthracnose infest…

The purpose of this chapter is to establish procedures to prevent the introduction of dogwood anthracnose and to prevent the spread of dogwood anthracnose within the state. Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031(4),…

Pursuant to Section 581.031(6), F.S., the dogwood anthracnose disease incited by Discula destructiva is declared to be a plant pest and a nuisance as well as any plant or other thing infested or infected therewith or that has been exposed to infestation or infection and therefore…

(1) Infested areas. The following states, in which dogwood anthracnose is known to be established, shall be known as infested areas. (a) Alabama. (b) Connecticut. (c) Delaware. (d) Georgia. (e) Idaho. (f) Maryland. (g) Massachusetts. (h) New Jersey. (i) New York. (j) North Caroli…

(1) The movement of dogwood anthracnose or a host plant into the state from an infested or regulated area is prohibited except by master permit issued by the director. (Form DACS-08047, revised 11/99, is incorporated by reference. Copies may be obtained from Division of Plant Ind…

(1) For the purpose of this rule chapter, the definitions in Section 581.011, F.S., and following definitions shall apply: (a) Beneficial Organisms. Any organism which benefits Florida's native or agricultural plants, or benefits one without adversely impacting the other, by impr…

(1) It is unlawful to introduce, multiply, possess, move, or release any arthropod, plant pest, biological control agent, noxious weed, or invasive plant regulated by the Department or the USDA except under permit issued by the Department unless a federal permit, PPQ 526, has bee…

The Department, in addition to regulating the movement of the noxious weeds and invasive plants contained in Rule 5B-57.007, F.A.C., shall cooperate with the USDA, the Florida Department of Environmental Protection, and other appropriate parties to eradicate or control noxious we…

(1) The following plants shall be considered noxious for the purpose of this rule chapter. (a) Abrus precatorius - rosary pea (b) Aeginetia spp. - aeginetia (c) Ageratina adenophora - crofton weed (d) Alectra spp. - alectra (e) Alternanthera philoxeroides - alligatorweed, green l…

(1) The Department will propose the classification of a plant as a noxious weed or invasive plant and its inclusion on the Noxious Weed and Invasive Plant List, Rule 5B-57.007, F.A.C., if the plant is determined to be a serious agricultural threat in Florida, or have a negative i…

(1) In accordance with Section 581.083, F.S., a person may not cultivate nonnative plants, algae, or blue-green algae, including genetically engineered plants, algae, or blue-green algae in plantings greater in size than two contiguous acres, except under a Non-Native Species Per…

Purpose - The Department is authorized pursuant to Section 581.091, F.S., to develop and administer a pilot program to allow for, under special permits, the propagation of male Casuarina cunninghamiana trees, and the planting of those trees as windbreaks for commercial citrus gro…

(1) Pursuant to Section 1004.4473, F.S., and in accordance with 7 U.S.C. Section 5940, the Department shall authorize and oversee the development of Industrial Hemp Pilot Projects (Pilot Project) for the Institute of Food and Agricultural Sciences at the University of Florida, Fl…

(1) Pursuant to Section 581.217, F.S., and in accordance with 7 U.S.C. Section 1639p, the Department shall authorize and oversee the development of the State Hemp Program to regulate the cultivation of hemp in the state, which is a potentially invasive plant species and is a thre…

(1) Definitions. For the purpose of this rule, the definitions in sections 1.01, 500.03, 570.02, 677.102, and 581.011, F.S., and the following definitions shall apply: (a) "Agricultural inspection station" means an official inspection station operated by the department to assist …

(1) When the Department conducts an emergency response to a plant infestation which involves the aerial application of a pesticide to an urbanized area (hereafter referred to as the "Emergency Response") under section 593.20, F.S., it will coordinate with the Department of Health…

(1) Definitions. For the purpose of this rule, the definitions in sections 1.01, 500.03, 570.02, 677.102, and 581.011, F.S., and the following definitions shall apply: (a) Commercial Tomato Producer. A person who is engaged in and has an economic risk in the business of producing…

(1) Definitions. For the purpose of this rule, the definitions in sections 581.011 and 570.02, Florida Statutes (F.S.), and the following definitions shall apply: (a) Accession. The process of formally adding a newly acquired arthropod lot to the museum's permanent collections. (…

(1) For the purpose of this rule chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply: (a) African Citrus Psyllid. The insect known as African citrus psyllid, Trioza erytreae, classified in the order Hemiptera: family Psyllidae and all of i…

The following arthropods, nematodes, and pathogens, are declared to be plant pests and agricultural and public nuisances: (1) Arthropods: (a) Trioza erytreae - African citrus psyllid. (b) Diaphorina citri - Asian citrus psyllid. (c) Toxoptera citricida - brown citrus aphid. (d) A…

The Florida Department of Agriculture and Consumer Services' Division of Plant Industry Citrus Nursery Stock Certification Manual, Revised 08/14, and the Florida Department of Agriculture and Consumer Services' Division of Plant Industry Citrus Budwood Testing Manual, Revised 08/…

(1) The following documents are hereby 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 Citrus Budwood Registration, 3027 Lake Alfred Road, Winte…

The Commissioner of Agriculture shall name a Citrus Budwood Technical Advisory Committee of sixteen members selected as follows: (1) Four members who shall be owners or employees of citrus nurseries with one representing a producer of dooryard citrus nursery stock; (2) Four membe…

(1) It shall be unlawful for any person to propagate or plant citrus nursery stock, which is not produced in accordance with the provisions of the Citrus Nursery Stock Certification Program. Participation in the Citrus Nursery Stock Certification Program shall not imply any warra…

(1) Citrus nursery sites must be a minimum of 100 feet away from plants not certified by the department as being free of nematodes listed in Rule 5B-62.003, F.A.C., and free of any exterior, field or container grown plants from all genera, species, and varieties of the Rutaceous …

(1) All equipment entering or leaving the nursery must be clean of all plant material, soil and decontaminated in accordance with Department procedures using approved decontamination products as described in the Citrus Nursery Stock Certification Manual, Revised 08/14, as incorpo…

(1) All citrus nursery stock propagated, moved or sold must originate from a greenhouse structure, and the site must be registered and inspected by the department. (2) All newly propagated commercial and dooryard citrus nursery stock and all budwood source trees must be maintaine…

Commercial and dooryard citrus nursery stock shall be propagated according to the following provisions unless for research purposes as provided in Rule 5B-62.026, F.A.C. (1) Propagative material including budwood, air-layers, cuttings and all topworking material shall be from sou…

Source trees shall be registered on a Certificate of Source Tree Registration, FDACS-08072, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., and must meet the following requirements: (1) Budwood used to propagate source trees shall be taken under the direct supervision o…

Parent trees are selected as unique germplasm belonging to a nurseryman, grower, or researcher or on property that the owner has given written permission to a nurseryman and the department for access for observation and testing. At the time of entry into the Citrus Nursery Stock …

Foundation trees belong to the Florida Department of Agriculture and Consumer Services and are kept in secure greenhouse facilities for budwood cutting and distribution to citrus nurseries. (1) Foundation trees must originate from tested parent trees. (2) Foundation trees shall b…

Scion trees shall be propagated from foundation trees, be registered on a Certificate of Source Tree Registration, FDACS-08072, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., and must meet the following requirements: (1) Scion tree planting is witnessed by the departme…

Increase trees shall be identified on a Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., and must be propagated as follows: (1) Budwood must have been obtained under the direct supervision of the department from foundation, or…

(1) Source tree registration certificate. The department shall keep a record of all source trees. This record shall indicate the variety, clone, and age of the source trees; the owner; location of greenhouse, and location of individual trees in the greenhouse, by row and tree num…

Identification and record of movement for commercial citrus nursery stock. For the benefit of the buyer, the nurseryman or grower shall identify registered nursery stock as being the progeny of registered source trees by completing the Citrus Nursery Stock Movement Report, FDACS-…

(1) Commercial Citrus trees cannot leave a nursery without a Citrus Nursery Stock Movement Report, FDACS-08038, Revised 05/12, as incorporated in Rule 5B-62.005, F.A.C. (2) Liners cannot leave or enter a nursery without a Citrus Nursery Stock Movement Report, FDACS-08038, Revised…

Retail sales of dooryard citrus nursery stock shall abide by the following: (1) All dooryard nursery stock shall originate from greenhouse nursery sites that have produced trees according to Rules 5B-62.007-.011, F.A.C. (2) All citrus nursery stock maintained for retail sale, inc…

(1) Upon the request of the owner of a soil pit, the department shall use sampling for establishing the absence or presence of nematodes of citrus. All host plants within a minimum distance of 100 feet of a proposed soil pit must be sampled and found free of any injurious nematod…

Road construction companies and governmental agencies building public thoroughfares or road rights-of-way through or within a distance of 50 feet of a commercial citrus grove, commercial citrus grove site, approved citrus nursery site or approved soil pit shall only use fill dirt…

A Stop Sale Notice and Hold Order, FDACS-08016, Revised 02/10, as incorporated by reference in Rule 5B-65.005, F.A.C., shall be issued for the following reasons: (1) Compromise or breach of structure. (2) Failure to submit A Source Tree Bud Cutting Report, FDACS-08172, Revised 03…

(1) Trees shall be released from a Stop Sale and Hold Order, FDACS-08016, Revised 02/10, as incorporated by reference in Rule 5B-65.005, F.A.C., once conditions causing the Stop Sale and Hold Order have been corrected and any pathogen threat has been found not to present a risk a…

Source Tree Registration (includes seed source) $5 per tree per year Biological greenhouse testing $50 per test Laboratory PCR testing $25 per test Annual scion tree testing $5 per tree Parent tree indexing $200 per tree Shoot-tip grafting $500 per selection Budwood1 25 cents/eye…