Fla. Admin. Code Title 5 — Department of Agriculture and Consumer Services

Division 5A Division of Administration

Chapter 5A-3 AGRICULTURAL AND FISH HATCHERY USE OF FIRECRACKERS

Fla. Admin. Code R. 5A-3.001 Application to Sheriff for Use of Firecrackers

Any person who is engaged in agricultural works or who operates a fish hatchery may use firecrackers solely and exclusively for the purpose of frightening birds from doing harm to any such person’s agricultural works or fish hatchery operation; provided that any such person shall first file with the sheriff of the county in which he is engaged in agricultural works or the operation of a fish hatchery a statement in writing that he is engaged in agricultural works, describing the nature of such, or that he operates a fish hatchery, describing the nature of such, and desires to use firecrackers to frighten birds from harming his agricultural works or his fish hatchery operation and that firecrackers will be used solely and exclusively for that purpose.

History

• Rulemaking Authority 791.07 FS. Law Implemented 791.07 FS. History–Repromulgated 12-31-74, Amended 12-21-75, Formerly 5A-3.01.

Fla. Admin. Code R. 5A-3.002 Acquisition of Firecrackers

Any person may acquire from any authorized person firecrackers for purposes stated in Rule 5A-3.001, F.A.C., upon presenting a copy of his statement filed with the sheriff.

History

• Rulemaking Authority 791.07 FS. Law Implemented 791.07 FS. History–Repromulgated 12-31-74, Amended 12-21-75, Formerly 5A-3.02.

Chapter 5A-8 PROCEDURES FOR CONTRACTING FOR PROFESSIONAL SERVICES

Fla. Admin. Code R. 5A-8.003 Public Announcement and Qualification Procedures

History

• Rulemaking Authority 287.055 FS. Law Implemented 287.055 FS. History–New 7-17-77, Formerly 5A-8.03, Repealed 12-30-09.

Fla. Admin. Code R. 5A-8.004 Committee on Certification and Competitive Selection for Major Projects; Duties

History

• Rulemaking Authority 287.055 FS. Law Implemented 287.055 FS. History–New 7-17-77, Formerly 5A-8.04, Repealed 12-30-09.

Fla. Admin. Code R. 5A-8.008 Nonexclusion of Public

History

• Rulemaking Authority 287.055 FS. Law Implemented 287.055 FS. History–New 7-17-77, Formerly 5A-8.08, Repealed 12-30-09.

Chapter 5A-12 BID PROTESTS

Fla. Admin. Code R. 5A-12.001 Notice of Decisions or Intended Decisions on Procurement Solicitation or Contract Award

History

• Rulemaking Authority 120.53(1)(b), (5), 570.07(23) FS. Law Implemented 120.53(1)(b), (5) FS. History–New 5-20-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-12.002 Procedure to Initiate a Protest

History

• Rulemaking Authority 120.53(1)(b), (5), 570.07(23) FS. Law Implemented 120.53(1)(b), (5), 287.042(2)(c) FS. History–New 5-20-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-12.003 Computation of Time

History

• Rulemaking Authority 120.53(1)(b), (5), 570.07(23) FS. Law Implemented 120.53(1)(b), (5) FS. History–New 5-20-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-12.004 Contents of Protest

History

• Rulemaking Authority 120.53(1)(b), (5), 570.07(23) FS. Law Implemented 120.53(1)(b), (5), 287.042(2)(c) FS. History–New 5-20-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-12.005 Resolution of Protest

History

• Rulemaking Authority 120.53(1)(b), (5), 570.07(23) FS. Law Implemented 120.53(1)(b), (5), 287.042(2)(c) FS. History–New 5-20-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-12.006 Designation of Informal Hearing Officer for Bid Protests

(1) If there is no disputed issue of material fact in a bid protest, the Assistant Commissioner shall designate a Hearing Officer who shall conduct an informal proceeding pursuant to section 120.57(2), F.S., and Part III of Chapter 28-106, F.A.C.

(2) The qualifications of such Hearing Officer shall be:

(a) A member in good standing of the Florida Bar; or

(b) A person knowledgeable by virtue of practical experience of the procedures relating to soliciting and evaluating bids for commodities or proposals for services; or

(c) A person knowledgeable by virtue of practical experience or training of the procedures relating to legal or other administrative proceedings in which decisions are rendered.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 120.57(3)(d)2. FS. History–New 9-20-15.

Chapter 5A-13 MINORITY BUSINESS PROCUREMENT

Fla. Admin. Code R. 5A-13.001 Purpose and Scope

History

• Rulemaking Authority 287.0947, 570.07(23) FS. Law Implemented 287.057(6), 287.0947 FS. History–New 3-8-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-13.002 Procurement Goals

History

• Rulemaking Authority 287.0947(2), 570.07(23) FS. Law Implemented 287.042(4)(f), as amended by Section 5, Chapter 91-162, Laws of Florida, 287.057(6), 287.0947(2) FS. History–New 3-8-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-13.003 Procurement Procedures

History

• Rulemaking Authority 287.0947(2), 570.07(23) FS. Law Implemented 287.042(4)(f), as amended by Section 5, Chapter 91-162, Laws of Florida, 287.057(6), 287.0947(2), (3) FS. History–New 3-8-92, Repealed 12-30-09.

Chapter 5A-14 INDEXING AGENCY ORDERS

Fla. Admin. Code R. 5A-14.001 Authority

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2), (3), (4) FS. History–New 6-15-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.002 Purpose

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2), (3), (4) FS. History–New 6-15-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.003 Public Inspection and Duplication

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)1., 2., 3., 4., 5. FS. History–New 6-15-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.004 Final Orders Required to be Indexed

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)3., 120.53(2)(d) FS. History–New 6-15-92, Amended 6-13-93, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.005 Listing of Final Orders

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)4. FS. History–New 6-15-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.006 Numbering of Final Orders

History

• Rulemaking Authority 120.533(1)(f) FS. Law Implemented 120.53(2), (3) FS. History–New 6-15-92, Amended 9-5-94, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.007 System for Indexing Final Orders

History

• Rulemaking Authority 120.533(1)(f) FS. Law Implemented 120.53(2), (3) FS. History–New 6-15-92, Amended 9-5-94, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.008 Maintenance of Records

History

• Rulemaking Authority 120.533(1)(j) FS. Law Implemented 119.041(2) FS. History–New 6-15-92, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.009 Plan

History

• Rulemaking Authority 120.533(1)(j) FS. Law Implemented 91-30, 10, Laws of Florida. History–New 6-15-92, Amended 9-5-94, Repealed 12-30-09.

Fla. Admin. Code R. 5A-14.010 Format for Final Order

History

• Rulemaking Authority 120.533(1)(b), (i), (j) FS. Law Implemented 120.53(2) FS. History–New 6-15-92, Repealed 9-5-94.

Chapter 5A-16 AGRICULTURAL VEHICLE INSPECTION

Fla. Admin. Code R. 5A-16.003 Procedure for Conducting Vehicle Inspection

(1) Definitions. For purposes of this rule, the following definitions shall apply:

(a) “Agricultural Inspection Station” means a location identified in Florida Agricultural Inspection Stations, FDACS-P-02247 (06/2025), which is hereby adopted and incorporated by reference. Copies of this document may be obtained from the Department of Agriculture and Consumer Services, Office of Agricultural Law Enforcement, 2005 Apalachee Parkway, Suite B, Tallahassee, Florida 32399-6500 or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-18468.

(b) “Agricultural Inspection Pad” means a paved side pad located parallel to a state road without a fixed inspection station and which is used to establish temporary agricultural inspection sites.

(c) “Mobile” or “roving” officer means an officer of the Office of Agriclutural Law Enforcement assigned to patrol the streets and highways of the state whose primary purpose is the interdiction of any of the following nonconforming products: any food product; any agricultural, horticultural, or livestock product; or any article or product with respect to which any authority is conferred by law on the Department.

(d) “Vehicle” means any object identified in s. 570.15(1)(a)1.f.-i., F.S., which is used or could be used for the transportation within the state of any food product; any agricultural, horticultural, or livestock product; or any article or product with respect to which any authority is conferred by law on the Department.

(e) “Inspection” means for those vehicles designated in Section 570.15(1)(a), F.S.: The examination of documents including but not limited to bill of lading, proof of ownership, certificate of inspection, and similar or related documents.

(2) All vehicles within this state are subject to inspection.

(a) The inspection of the following vehicles includes examination of the cargo of the vehicle:

1. All livestock carrying vehicles;

2. All vehicles having no valid documentation of cargo except empty semitrailer rigs;

3. Vehicles having documentation of cargo which is apparently altered or inconsistent with the physical characteristics of said vehicle;

4. All vehicles participating in the Commercial Carrier Pre-clearance Program which voluntarily enter agricultural inspection stations to declare commodities over which the Department exercises regulatory authority;

5. All vehicles participating in the Commercial Carrier Pre-clearance Program which are routed into an agricultural inspection station for a compliance inspection;

6. All vehicles with valid documentation indicating agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority with the exception of:

a. Fully loaded vehicles transporting only fresh citrus fruit accompanied by a valid inspection certificate covering an amount of fruit compatible with the carrying capacity of said vehicle.

b. Fully loaded vehicles transporting only tomatoes accompanied by a valid inspection certificate covering an amount of tomatoes compatible with the carrying capacity of said vehicle.

(b) With respect to other vehicles not identified in subparagraphs (2)(a)1.-6., the following neutral criteria will be adhered to for conducting inspections of such vehicles and cargo:

1. Every 20th other such vehicle at Agricultural Inspection Stations 6A, 6B, 9A, 9B, 16A, 16B, and 19.

2. Agricultural Inspection Stations 1 and 14 shall calculate the every 10th vehicle count by maintaining two separate counts, one for the northbound ramp and one for the southbound ramp.

3. Every 10th other such vehicle at Agricultural Inspection Station 20.

4. Agricultural Inspection Stations 2, 3, 4, 5, 7, 8, 10, 10A, 11, 12, 13, 15, 17 and 18 shall calculate the every 10th vehicle count by maintaining a combined count for the lanes in both directions.

5. Every 10th vehicle at an Agricultural Inspection Pad, by maintaining a combined count for the lanes in both directions at the temporary inspection location.

6. Every 10th other such vehicle stopped by a mobile or roving officer of the Office of Agricultural Law Enforcement while being operated upon the streets and highways of the state. Each mobile or roving officer shall calculate the every 10th vehicle count individually for his or her shift.

(3) The following vehicles unless carrying agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority shall be exempt from inspection and shall not be included in the count specified in subparagraph (2)(b) of this rule:

(a) Car and boat carriers;

(b) Designated U.S. Mail vehicles;

(c) Clearly marked vehicles operated by parcel delivery companies;

(d) Open log, pulpwood and lumber trucks;

(e) Chip, bark, mulch, charcoal, beverage and bread trucks;

(f) Empty flatbeds;

(g) Tank carriers of other than agricultural products;

(h) Trucks transporting rock, limestone, dirt or sand;

(i) Clearly marked telephone company, electric company or cooperative, city, county, state and federal vehicles;

(j) Pickups or vans which have visible access to the entire cargo area of said vehicles;

(k) Sealed vehicles transporting prescription drugs.

(4) All vehicles approved by the Department to participate in the Commercial Carrier Pre-clearance Program, with the exception of those vehicles described in subparagraph (2)(a)4. and subparagraph (2)(a)5. of this rule, shall be exempt from the requirement to enter agricultural inspection stations for inspection and shall not be included in the count specified in subparagraph (2)(b) of this rule.

(5) All vehicles so designated in Section 570.15, F.S., entering agricultural inspection stations with the exception of those vehicles designated in subsection (3), shall be inspected in accordance with subsection (2).

(6) All vehicles so designated in Section 570.15, F.S., being operated upon the streets and highways of the state with the exception of those vehicles designated in subsection (3), shall be inspected in accordance with subsection (2).

(7) In the event the driver of a vehicle subject to visual inspection under this rule refuses access to cargo area of said vehicle, or where probable cause exists as evidenced by senses (e.g., sight, sound, smell) or reliable information exists to believe a vehicle is transporting agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority, and the driver refuses to allow the inspector to conduct an inspection, a search warrant shall be requested from the appropriate official of the county in which the inspection station is located.

(8) No vehicle which has stopped for purposes of inspection shall be detained for a period longer than that reasonably required to conduct an inspection and/or seek, obtain and execute a search warrant if valid grounds for securing a warrant exist.

History

• Rulemaking Authority 570.07(23), 570.15(1), (2), (5) FS. Law Implemented 570.15 FS. History–New 6-20-84, Amended 2-3-85, Formerly 5E-12.03, Amended 10-8-87, Formerly 5E-12.003, Amended 1-26-05, 10-22-25.

Fla. Admin. Code R. 5A-16.004 Florida Exempt Cargo Manifest

History

• Rulemaking Authority 570.07(23), 570.15(1)(b)2. FS. Law Implemented 570.15 FS. History–New 2-3-85, Formerly 5E-12.04, Amended 4-1-86, Formerly 5E-12.004, Repealed 1-26-05.

Fla. Admin. Code R. 5A-16.005 Commercial Carrier Pre-clearance Program

(1) Based upon prior approval by the Department, trucking concerns and truck lines may participate in the Commercial Carrier Pre-clearance Program for the purpose of transporting goods without being regularly required to stop at the Department’s agricultural inspection stations for physical inspection.

(2) Qualifying trucking concerns and truck lines may apply to the Department requesting approval to participate in the Commercial Carrier Pre-clearance Program by acquiring from and submitting a completed Commercial Carrier Pre-clearance Program application form number DACS-01281 (effective 7/04) to the Office of Agricultural Law Enforcement, Post Office Box 850, Old Town, Florida 32680.

(3) Approval to participate in the Commercial Carrier Pre-clearance Program will be granted only to those trucking concerns and truck lines that meet the following criteria:

(a) Applicant must be verified by the Florida Department of Revenue as being exempt from or enrolled and actively participating in the Florida Department of Revenue’s Electronic Bill of Lading Program;

(b) Applicant must be a recognized trucking concern or truck line engaged primarily in the transportation of commodities other than commodities over which the Department exercises regulatory authority. Applications received from trucking concerns and truck lines that routinely or regularly transport agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority will be denied;

(c) Applicant must agree to allow any department representative to inspect the cargo, regular manifest and/or other billing of all vehicles participating in the Commercial Carrier Pre-clearance Program at all Florida terminals or drop sites any time during hours of operation, should the Department wish to check such cargo and/or billing;

(d) Applicant must agree that each and every truck shipment which contains or includes agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority will voluntarily stop at all agricultural inspection stations and declare such commodities even though pre-clearance approval is received.

(4) The privilege of participating in the Commercial Carrier Pre-clearance Program shall be revoked or canceled for any of the following causes:

(a) Notification by the Department of Revenue that the trucking concern or truck line has lost its exemption, been removed from or is no longer participating in the Department of Revenue’s Electronic Bill of Lading Program or is not in compliance with applicable Florida Statutes or Administrative Rules;

(b) Notification to or discovery by the Department that the trucking concern or truck line has begun to routinely or regularly transport agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority.

(c) Discovery by the Department that a vehicle owned, leased, rented, loaned to or by the trucking concern or operated by an employee or agent of the trucking concern was used in the commission of a criminal act or was discovered to have been transporting contraband or undocumented or otherwise unauthorized foreign nationals.

(5) Participants of the Commercial Carrier Pre-clearance Program shall be subject to a modification in the number of compliance spot checks for any of the following causes:

(a) Failure to make available for inspection by any department representative the cargo, regular manifest and/or other billing pertaining to any vehicle participating in the Commercial Carrier Pre-clearance Program at any Florida terminal or drop site during hours of operation;

(b) Failure of any vehicle participating in the Commercial Carrier Pre-clearance Program which is transporting agricultural products, horticultural products, aquaculture, products derived from aquaculture, livestock, products derived from livestock, or other commodities over which the Department exercises regulatory authority to voluntarily stop at any agricultural inspection station and declare such commodities even though pre-clearance approval is received;

(c) Failure of any vehicle participating in the Commercial Carrier Pre-clearance Program, which is routed into an agricultural inspection station for a compliance spot check, to enter said inspection station and/or submit for inspection;

(6) Participants of the Commercial Carrier Pre-clearance Program who are determined to have engaged in those acts prescribed in subsection (5), above, shall be subject to the following conditions:

(a) First time offenders shall be subject to an increase in compliance spot checks of the participating carrier vehicles up to fifty percent (50%);

(b) Second offense shall be subject to suspension of their participation in the program for a period not to exceed one hundred eighty (180) days;

(c) Subsequent offenses shall result in expulsion from the program without leave to reapply for a period of twelve months.

(7) Five percent (5%) of vehicles participating in the Commercial Carrier Pre-clearance Program which pass a specified agricultural inspection station shall be routed into the inspection station for inspection of the cargo, regular manifest and/or other billing, as a means to ensure compliance. The compliance spot check count shall be conducted separately at each specified agricultural inspection station.

(a) The percentage of vehicles subject to compliance spot checks may be reduced to zero percent (0%) to address safety concerns resulting from ramp renovation, construction projects, natural and manmade disasters, and heavy traffic;

(b) The percentage of vehicles subject to compliance spot checks may be increased to one hundred percent (100%) during emergencies as defined by the Governor or Commissioner of Agriculture.

(c) The percentage of vehicles subject to compliance spot checks may be increased up to fifty percent (50%) as a condition of readmission into the program following suspension or revocation.

History

• Rulemaking Authority 570.07(23), 570.15(5) FS. Law Implemented 570.15(1), (2), (5) FS. History–New 1-26-05.

Chapter 5A-17 Agricultural Land Acknowledgment

Fla. Admin. Code R. 5A-17.001 Definitions

The definitions contained in Section 163.3163, F.S., and the following shall apply:

(1) Act – means Section 163.3163, F.S., the Agricultural Land Acknowledgement Act.

(2) Local land use permit – means Development Permit as defined in Section 163.3164(16), F.S.

(3) Legal Description of Contiguous Sustainable Agricultural Land – means the property appraiser’s parcel identification number or a description of land for use in legal instruments for conveyance of property rights.

(4) Legal Description of Nonagricultural Land Contiguous to Sustainable Agricultural land – means a description of land for use in legal instruments for conveyance of property rights.

History

• Rulemaking Authority 163.3163, 570.07(23) FS. Law Implemented 163.3163 FS. History–New 8-15-13.

Fla. Admin. Code R. 5A-17.002 Acknowledgment Requirements

In addition to the requirements of Section 163.3163, F.S., the following shall apply:

(1) The applicant shall be responsible for recording the required acknowledgement pursuant to the Act.

(2) If an acknowledgement required by the Act was previously recorded, that includes the applicant’s property, a subsequent acknowledgement is not required and the requirements of the Act are satisfied.

History

• Rulemaking Authority 163.3163, 570.07(23) FS. Law Implemented 163.3163 FS. History–New 8-15-13.

Chapter 5A-18 Urban Agriculture

Fla. Admin. Code R. 5A-18.001 Urban Agriculture Pilot Projects

(1) Pursuant to Section 604.73, F.S., the Department may approve five municipalities to establish urban agricultural pilot projects. The definitions provided in Section 604.73, F.S. shall apply to this rule.

(2) A municipality seeking to establish an urban agriculture pilot project must submit to the Department a proposal that contains the following information:

(a) Proof that the municipality has a population of 250,000 people or more.

(b) A narrative description of the proposed pilot project, including the project location, farm products to be cultivated, community involvement, anticipated outcomes, nutrition and water use, fertilization management, and procedures to ensure that only noncommercial agriculture will be conducted under the pilot project.

(c) The name and contact information for the person who is responsible for oversight of the pilot project.

(3) Pilot project proposals shall be submitted to UrbanAgriculture@FDACS.gov and will be reviewed on a first-come, first-served basis, based upon the date complete applications are received by the Department. Incomplete placeholder applications will not be accepted and will not secure a place in the first-come, first-served application line.

(4) Within 90 days of receipt of an urban agriculture pilot project proposal, the Department will evaluate the proposal to verify that the municipality has met the qualifying statutory and rule criteria. If the Department determines that the proposal is incomplete, the Department will issue written notification to the municipality that the proposal was determined to be incomplete and will include a description of the proposal’s deficiencies. The municipality will be allowed to submit a corrected application, which will be treated as a new application and reviewed in the order that it is received.

(5) If an urban agricultural pilot project proposal meets the requirements of Section 604.73, F.S., and this rule, the Department will approve a Municipality’s urban agriculture pilot project. The pilot project shall be authorized for an initial three-year period from the date of issuance and may be renewed for additional three-year periods by following the procedures outlined in subsection 5A-18.001(2), F.A.C. The Department will post approved project proposals on its website and will publish a notice in the Florida Administrative Register when the maximum number of authorized projects have been approved.

(6) The municipality’s oversight manager shall immediately notify the Department in writing if the municipality fails to meet or comply with any portion of Section 604.73, F.S., or this rule or if the municipality decides to end its pilot program prior to its authorized three-year term.

History

• Rulemaking Authority 570.04(23), 604.73(4) FS. Law Implemented 604.73 FS. History–New 7-17-22.

Chapter 5A-19 Recovery Programs

Fla. Admin. Code R. 5A-19.001 Agriculture and Aquaculture Producers Emergency Recovery Loan Program

(1) Pursuant to Section 570.822, F.S., the Agriculture and Aquaculture Producers Emergency Recovery Loan Program (Program) is established within the Department of Agriculture and Consumer Services (Department). The Program will be managed by the Department as a revolving loan fund to make loans to agriculture and aquaculture producers that experienced damage or destruction from a declared emergency. These loan funds shall only be used to restore, repair, or replace essential physical property or remove vegetative debris from essential physical property, or restock aquaculture. The definitions in s. 570.822, F.S., shall apply to this rule.

(2) Application Process.

(a) Following a qualifying declared emergency, the Department will notice the opening of an application period for the Program.

(b) Applicants shall meet all eligibility criteria provided in s. 570.822(3), F.S.

(c) Eligible applicants shall submit an application through https://disasterloan.fdacs.gov.

(d) Applicants shall submit all documentation and information as required in the Agriculture and Aquaculture Producers Emergency Recovery Loan Application, FDACS-01421 (Rev. 07/25), which is hereby adopted and incorporated by reference. The form can be accessed at https://www.flrules.org/gateway/reference.asp?No=Ref-18423 and is also available for review at https://www.fdacs.gov/Forms.

(e) An applicant seeking to use loan funds for purposes authorized by the Program on leased lands must provide authorization from the landowner as part of the application process using the Owner’s Authorized Representative form within the Agriculture and Aquaculture Producers Emergency Recovery Loan Application, FDACS-01421 (Rev. 7/25), which is incorporated by reference in paragraph (2)(d) of this rule.

(f) Prior to approval or denial of an application, the Department or its third-party administrator may request that an applicant amend or supplement its application with additional documentation or information to demonstrate eligibility to participate in the program, the need for financial assistance, the ability to repay the requested loan, or to meet any other requirements set forth in law. If an applicant fails to provide the requested information within 45 days from the date of the request, the application shall be considered incomplete. The Department may extend the deadline for providing the requested information if the applicant demonstrates a good faith effort to respond within the original time frame. Such documentation and information may include one or more of the following:

1. Financial statements.

2. Tax documents.

3. Assets and liabilities listings.

4. Banking and payment records.

5. Operational and transactional records.

6. Proof of insurance.

7. Lease agreements to which the applicant is a party.

(3) Application Review. Applications received within the noticed application window will be reviewed for completeness. Incomplete applications are not considered to be received by the department and will not be scored until the Applicant has submitted all the requested documentation. An applicant must demonstrate the need for financial assistance and an ability to repay the loan, which will be determined by evaluating the following criteria: loan amount requested; purpose of the loan; actual farm income; projected farm income; any non-farm income; assets; liabilities; and credit score (no minimum score is required). The Department may decline to fund a requested loan if the Department believes in its reasonable discretion that the Applicant represents a significant risk of nonpayment or if the receipt of a loan by the Applicant would affect that Applicant’s ability to receive reimbursement under federal programs for disaster-related expenses. Approved applications will be funded until funds have been exhausted. The Department has the discretion to fund applications at a lower amount than requested, based on the documentation provided, and in relation to demonstrated need from other eligible applicants.

(4) Loan Terms. Upon approval, the applicant will be provided a standard agreement with terms and conditions for the loan. The Applicant must enter into an agreement with the Department prior to the receipt of funds. The maximum loan amount an applicant may receive is $500,000.00 for each application period. Each 10-year loan shall be made at a 0% interest rate, and payments shall be made in accordance with the terms of the loan.

(5) The department will periodically review loan recipients to determine compliance with applicable statutes, rules, and terms of the loan agreement, including maintaining farm records that provide proof of production levels and bona fide farm operations and presenting them to the Department or its third-party administrator upon request for review. These records may include proof of enrollment and implementation of applicable agricultural or silvicultural best management practices, farm balance sheets, proof that the land has maintained its agricultural classification pursuant to s. 193.461, F.S., or aquaculture certificate of registration, or any other records that prove the productions levels and good faith commercial agricultural endeavors of the farm operation. If the department finds that a loan recipient is no longer in production, has used loan funds to build a Nonresidential Farm Building that does not comply with the storm-hardening standards adopted herein, or has otherwise violated the loan agreement, the department may seek repayment of the full original principal balance outstanding, including any interest or costs, as applicable.

(6) A Nonresidential Farm Building as defined in s. 604.50(2), F.S., constructed using loan funds must comply with the following storm-hardening standards.

(a) Notwithstanding the exemptions set forth in s. 553.73(10), F.S., and excluding those structures identified in paragraph (b), enclosed Nonresidential Farm Buildings must have roof-to-wall connections rated for the wind zone where the structure is built, as specified in The Florida Building Code, 8th Edition (2023), which is adopted and incorporated by reference in Rule 61G20-1.001, F.A.C. Compliance with this requirement shall be verified in writing by a licensed professional engineer.

(b) For all other Nonresidential Farm Buildings, including open sided barns, greenhouses, and shade houses:

1. The builder or contractor must verify in writing that the structure was built to the manufacturer’s specifications; or

2. A licensed structural engineer must provide a signed and dated verification that the structure was designed in accordance with reasonable storm-hardening techniques for the purpose and intent of the structure.

History

• Rulemaking Authority 570.07(23), 570.822(9) FS. Law Implemented 570.822 FS. History–New 12-5-24, Amended 4-2-25, 8-28-25.

Chapter 5A-21 PERSONNEL PROGRAMS

Fla. Admin. Code R. 5A-21.001 Reimbursement of Educational Expenses for Veterinary Pathologists

(1) Eligibility for Reimbursement.

(a) Qualified veterinary pathologists may seek reimbursement for educational expenses pursuant to s. 570.07(44), F.S., and in accordance with this rule.

(b) Reimbursement is subject to the availability of funding and will be provided until all available funds are exhausted.

(c) For purposes of this rule, “qualified veterinary pathologist” means a veterinarian who:

1. Graduated from a College of Veterinary Medicine accredited by the American Veterinary Medical Association or equivalent with a degree in veterinary medicine, and

2. Is enrolled in a department veterinary pathology residency program seeking board certification, or

3. Is board-certified in clinical or anatomic pathology; and

4. Has been a full-time employee or a full-time contract employee with the department at the Bronson Animal Disease Diagnostic Laboratory for at least 365 consecutive calendar days, and

5. Received a satisfactory performance evaluation and was not disciplined during the immediately preceding evaluation period.

(d) An otherwise eligible qualified veterinary pathologist who has received or who is receiving financial assistance from the Veterinary Medicine Loan Repayment Program established in 7 U.S.C. 3151a shall be ineligible to receive reimbursement pursuant to s. 570.07(44), F.S., and this rule.

(2) Requests for Reimbursement.

(a) A qualified veterinary pathologist may seek reimbursement of educational expenses pursuant to s. 570.07(44), F.S., by submitting the following information for each reimbursement request to the Bureau of Personnel Management on or after the individual’s employment date anniversary:

1. The individual’s name and position number,

2. The amount of reimbursement being requested,

3. The amount of any reimbursement or veterinary medicine student loan repayment assistance awarded previously, as well as the sources of those funds, and

4. Documentation showing the current balance of the individual’s outstanding veterinary medicine student loan.

(b) A qualified veterinary pathologist may be awarded reimbursement of education expenses pursuant to s. 570.07(44), F.S., a maximum of three times while employed with the department. Each request for reimbursement must be made in accordance with paragraph (2)(a), and a period of at least 365 calendar days must elapse between reimbursements.

(c) The maximum reimbursement of educational expenses being requested in any year may not exceed $25,000 or the total outstanding balance of the qualified veterinary pathologist’s outstanding student loan, whichever is less. No qualified veterinary pathologist shall be reimbursed more than $75,000 in total.

History

• Rulemaking Authority 570.07(23), (44) FS. Law Implemented 570.07(44) FS. History–New 3-1-26.

Chapter 5A-22 DEPARTMENT LICENSING

Fla. Admin. Code R. 5A-22.001 Bulk Renewal of Licenses

(1) A licensee who possesses more than one license of a license type listed in subsection (3) may use bulk renewal to renew such licenses. As used in this rule, “bulk renewal” means submitting renewal applications for two or more licenses in a single transaction with the department.

(2) Notwithstanding any other department rule, a licensee who uses bulk renewal shall follow the procedures in this rule.

(3) Bulk renewal is only available for the following license types:

(a) Category III liquefied petroleum gas cylinder exchange operator;

(b) Category IV dealer in appliances and equipment;

(c) Antifreeze registration;

(d) Brake fluid registration; and

(e) Commercial use permit for weights and measures instrument or device.

(4) Bulk renewal can only be used for licenses of the same type. A licensee with more than one license type under subsection (3) must renew each license type separately.

(5) Bulk renewal can only be used for licenses with the same expiration date. If a licensee has licenses of the same type with different expiration dates, then the licensee must align the expiration dates of such licenses pursuant to Rule 5A-22.002, F.A.C., before the licensee can request bulk renewal of the licenses.

(6) To use bulk renewal, licensees must submit a written request to the Division of Consumer Services at cscompliance@FDACS.gov. The request must include the name of the licensee and identify the licenses that the licensee wishes to renew using the bulk renewal process. The request must be received by the division at least 60 days before the expiration date of the licenses. After the request has been processed, licensees will be able to use bulk renewal for the identified licenses for each subsequent renewal period. Licensees must notify the division in writing if they wish to add or remove a license from the bulk renewal process.

(7) Bulk renewal must be completed through the department’s online portal at www.FDACS.gov. The online portal will list the renewal application of each license that can be renewed using bulk renewal. Each renewal application will include the license information currently on file with the department.

(a) Licensees will select the license renewal applications they are submitting for bulk renewal. Licensees may only submit a renewal application through the bulk renewal process if all the information contained in the renewal application is correct.

(b) If any renewal applications include license information that is incorrect or needs to be amended, then licensees will not select those applications for bulk renewal. Licensees must submit a license’s renewal application separately if the license information currently on file with the department is incorrect or needs to be amended.

(c) After submitting renewal applications for bulk renewal, the department will provide an invoice for the total license renewal fee owed to the department. The total fee owed to the department will be calculated by adding up the individual renewal fees, including any applicable late fees, for each license as set by the applicable statute or department rule.

History

• Rulemaking Authority 570.546(3) FS. Law Implemented 570.546(1)(a) FS. History–New 7-7-26.

Fla. Admin. Code R. 5A-22.002 License Expiration Dates

A licensee who holds more than one license within a statutory program and wishes to align the expiration dates of such licenses must submit a written request to the division that issues the licenses. The written request must include the name of the licensee and identify the licenses whose expiration dates are to be aligned.

History

• Rulemaking Authority 570.546(3) FS. Law Implemented 570.546(1)(b) FS. History–New 7-7-26.

Division 5E Division of Agricultural Environmental Services

Chapter 5E-1 FERTILIZER

Fla. Admin. Code R. 5E-1.001 Requirements for Liming Materials and Gypsum

(1) Liming Materials. Limestone and Dolomite shall be guaranteed as to moisture and the degree of fineness and calcium carbonate, and in addition thereto, dolomite shall be guaranteed as to magnesium carbonate.

(a) Chemical specifications.

1. Standard liming material shall have a minimum neutralizing value of 90% calcium carbonate equivalence (CCE), classified as follows:

a. Standard calcitic liming material shall contain a minimum of 86% calcium carbonate expressed as CaCO3. Any additional CCE required to meet the minimum 90% shall be magnesium carbonate expressed as MgCO3.

b. Standard dolomitic liming material shall contain a minimum of 36% magnesium carbonate expressed as MgCO3. Any additional CCE required to meet the minimum 90% shall be calcium carbonate expressed as CaCO3.

c. Standard calcium-magnesium liming materials shall be those not meeting the above specifications, but with a minimum of 90% CCE derived from calcium carbonate and magnesium carbonate, expressed as CaCO3, and MgCO3.

2. Liming material not qualifying as “standard”, shall have a minimum neutralizing value of 75% calcium carbonate equivalence (CCE), classified as follows:

a. Calcitic liming material shall contain a minimum of 70% calcium expressed as CaCO3. Any additional CCE required to meet the minimum 75% shall be magnesium expressed as MgCO3.

b. Dolomitic liming material shall contain a minimum of 30% magnesium expressed as MgCO3. Any additional CCE required to meet the minimum 75% shall be calcium expressed as CaCO3.

c. Calcium-magnesium liming materials shall be those not meeting the above specifications, but with a minimum of 75% CCE derived from calcium and magnesium, expressed as CaCO3 and MgCO3.

3. All liming materials shall bear on the application for specialty registration, labeling, and any advertising, the statements:

a. “Neutralizing value __% calcium carbonate equivalence.”

b. “This product requires __ tons (pounds) to be equal to one ton of standard liming material.”

4. Hydrated lime shall contain a minimum of 90% calcium hydroxide.

(b) Particle size – Calcitic and dolomitic limestones, except pelletized fertilizer, shall be ground so that:

1. Not less than 90% passes an 8 mesh sieve.

2. Not less than 80% passes a 20 mesh sieve.

3. Not less than 50% passes a 50 mesh sieve.

(c) Moisture content – Calcitic and dolomitic limestones shall contain a maximum of 15% moisture.

(2) Gypsum – Gypsum shall be guaranteed as to calcium sulphate content. Gypsum, calcium sulphate, or land plaster shall contain a minimum of 60% calcium sulphate expressed as CaSO4.

History

• Rulemaking Authority 576.181 FS. Law Implemented 576.011(12), 576.181 FS. History–New 1-23-67, Amended 3-23-68, 3-27-77, 6-12-84, Formerly 5E-1.01, Amended 8-3-93, 10-25-98, 3-20-00, 10-9-01, 2-9-04.

Fla. Admin. Code R. 5E-1.0012 Definitions

In addition to those terms contained in Section 576.011, F.S., the following definitions shall apply to this rule chapter:

(1) “Actively Growing Turf” means turf that needs mowing at least once every two weeks to maintain the grass blade height recommended in the document entitled University of Florida, Institute of Food and Agricultural Sciences ENH 10 “Mowing Your Florida Lawn” dated March 2009, which is hereby adopted and incorporated by reference. Copies may be obtained from the Environmental Horticulture Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, Florida 32611 or online at https://flrules.org/Gateway/reference.asp?No=Ref-18835.

(2) “Ammonium Thiosulfate” means a commercial product composed principally of (NH4)2S2O3. It is a nitrification inhibitor.

(3) “Beneficial Substance” means any substance or compound, other than primary, secondary, and micro plant nutrients, and excluding pesticides, that can be demonstrated by scientific research to be beneficial to one or more species of plants, soil or media.

(4) “Consumer” is defined as an individual, a corporate entity, or a distinct farming operation.

(5) “Controlled Release fertilizer” means a slow released fertilizer that is engineered to provide nutrients over time at a predictable rate under specified conditions.

(6) “Custom Blend” means a fertilizer-pesticide mixture manufactured at the request of and to the specifications of a purchaser, for his immediate and exclusive use.

(7) “Cyanamide” means a commercial product consisting principally of calcium cyanamide (CaNCN). It is a nitrification inhibitor.

(8) “Dicyandiamide” means a water soluble organic compound of formula C2H4N4 which contains at least sixty-five percent (65%) nitrogen. It is a source of slowly available nitrogen. It is a nitrification inhibitor.

(9) “Enhanced Efficiency Fertilizer” means a fertilizer product with characteristics that minimize the potential of nutrient losses to the environment, as compared to a reference soluble product.

(10) “Established Urban Turf” means urban turf older than 12 months.

(11) “Inventoried Blend” means a fertilizer-pesticide mixture manufactured, packaged and held for future sale.

(12) “Low Analysis Fertilizer” shall apply to fertilizer which contains less than 16% total primary plant nutrients.

(13) “Low Phosphate Fertilizer” means fertilizer products intended for new or established urban turf or lawns, with phosphate levels equal to or above 0.5% or as provided in Rule 5E-1.003, F.A.C.

(14) “N-(n-butyl) Thiophosphoric Triamide (NBPT)” means a compound that is the normal butyl derivative of thiophosphoric triamide and is a urease inhibitor (CAS No. 94317-64-3).

(15) “New Urban Turf” means urban turf established less than 12 months.

(16) “Nitrogen Stabilizer” means a substance added to a fertilizer which extends the time the nitrogen component of the fertilizer remains in the soil in the urea or ammoniacal form. Urease inhibitors and nitrification inhibitors are nitrogen stabilizers.

(17) “Nitrification Inhibitor” means a substance that inhibits the biological oxidation of ammoniacal nitrogen to nitrate nitrogen.

(18) “No Phosphate Fertilizer” means fertilizer products with phosphate levels below 0.5% intended for established urban turf or lawns.

(19) “Plant Amendment” means any substance applied to plants or seeds which are intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of plants except fertilizers, soil amendments, agricultural liming materials, animal and vegetable manure, pesticides, plant regulators, and other materials which may be exempt by regulation.

(20) “Plant Biostimulant” means a substance(s), microorganism(s), or mixtures thereof, that, when applied to seeds, plants, the rhizosphere, soil or other growth media, act to support a plant’s natural nutrition processes independently of the biostimulant’s nutrient content. The plant biostimulant thereby improves nutrient availability, uptake, or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality or yield.

(21) “Plant Inoculant” means a product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system.

(22) “Slow Release Fertilizer” means a fertilizer in a form that releases, or converts to a plant available form, plant nutrient at a slower rate relative to an appropriate reference soluble product.

(23) “Soil Inoculant” means a microbial product that is applied to colonize the soil to benefit the soil chemistry, biology, or structure.

(24) “Sports Turf” means non-agricultural land planted exclusively for golf courses, parks and athletic fields.

(25) “Stabilized Nitrogen Fertilizer” means a fertilizer to which a nitrogen stabilizer has been added.

(26) “Starter Fertilizer” means a fertilizer formulated for a one-time application at planting or near that time to encourage root growth and enhance the initial establishment.

(27) “Urease Inhibitor” means a substance which inhibits hydrolytic action on urea by the urease enzyme. When applied to soils the effect of the urease inhibitor is less urea nitrogen lost by ammonia volatilization.

(28) “Urban Turf” or “Lawns” means non agricultural land planted in closely mowed, managed grasses except golf courses, parks and athletic fields.

History

• Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.011, 576.041 FS. History—New 1-27-26.

Fla. Admin. Code R. 5E-1.002 Beneficial Substances Registration and Labeling

(1) Exemptions. When the labeling does not claim to contain any plant nutrients or beneficial plant growth properties as defined in section 576.011(14), F.S., unmanipulated animal manure, vegetable manures, potting soils, peat or compost are excluded from the provisions of this rule chapter.

(2) Beneficial Substances come within the definition of fertilizer. A Beneficial Substance not presently defined in the “Official Publication 2025” published by the Association of American Plant Food Control Officials, cannot be distributed unless the information required in subsection 576.151(8), F.S., is provided to the Department. The information shall be provided to the Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650. “Official Publication 2025” published by the Association of American Plant Food Control Officials, Inc. is hereby incorporated by reference. Copies may be obtained from AAPFCO, https://www.aapfco.org/store.html, and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, 3125 Connor Boulevard, Tallahassee, Florida 32399-1650. Posting of the aforementioned materials on the internet for purposes of public examination would violate federal copyright law. The labeling requirements set forth in section 576.031, F.S., shall be applicable to all Beneficial Substances.

(3) In addition, Beneficial Substance labels, except for materials exempt by regulations, shall contain the following information and appear in a readable and conspicuous form:

(a) Purpose Statement – Statement identifying the purpose of the product.

(b) Directions for Use

(c) A statement of composition showing the amount of each ingredient, which is the agent in a product primarily responsible for the intended effects using the following format:

CONTAINS BENEFICIAL SUBSTANCE(S)

Name of beneficial substance___% (or acceptable units)

Genus and species of microorganism___viable CFU/cm3, /mL,/g, or other acceptable units

Identify and list all beneficial substances. Substances shall include ingredient source, if applicable. Ex. “humic acid from leonardite or saponin from Yucca schidigera”.

Note: If plant nutrients are guaranteed in the product, the heading would be revised to “ALSO CONTAINS BENEFICIAL SUBSTANCE(S)”.

(d) In case of bulk shipments, this information in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery.

(4) For products that claim microorganisms, labels shall also include:

(a) The expiration date for use, and

(b) Storage conditions.

History

• Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.011, 576.031, 576.181 FS. History–New 1-23-67, Amended 1-1-77, Formerly 5E-1.02, Amended 5-19-88, 8-3-93, 10-25-98, 12-30-15, 1-27-26.

Fla. Admin. Code R. 5E-1.003 Labels or Tags

(1) Label requirements for all fertilizer products.

(a) Labels setting forth the information specified in this section shall be attached to or accompany any fertilizer distributed in the state. For packaged products, this information shall either (1) appear on the front or back of the package, (2) occupy at least one-third of a side of the package, or (3) be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this information in printed form shall accompany delivery and two analysis tags attached to the delivery ticket shall be supplied to the purchaser at time of delivery. The following information is required on labels for all fertilizer products.

1. Brand name.

2. The grade (Provided that the grade shall not be required when no primary nutrients are claimed).

3. Guaranteed analysis, in the following format:

Total Nitrogen (N)

_______%

___ percent Nitrate Nitrogen

___ percent Ammoniacal Nitrogen

___ percent Other/Water Soluble Nitrogen

___ percent Urea Nitrogen

___ percent Water Insoluble Nitrogen

Available Phosphorus (P2O5)

________%

Soluble Potassium (K2O)

________%

Secondary and Micro Plant Nutrients

(list all claimed or advertised)

________%

Derived From:

4. Name and address of licensee.

5. The net weight (The term “Bulk” shall suffice for bulk products).

(b) The nitrogen breakdown shall be equal to the total nitrogen guarantee. When urea is present it may be guaranteed as other water soluble nitrogen, or urea nitrogen at the option of the licensee. If an amount of nitrogen is designated as organic, then the water insoluble nitrogen or the slow release nitrogen guarantee must not be less than 60% of the nitrogen so designated. Coated urea shall not be included in meeting the 60% requirement.

(c) The terms “Available Phosphoric Acid” or “Available Phosphate” and “Soluble Potash” may be used instead of “Available Phosphorus” and “Soluble Potassium”, respectively.

(d) Unacidulated mineral phosphatic materials, basic slag, bone meal, and other phosphatic materials shall be guaranteed as to both the total and available phosphorus (P2O5), and, in addition thereto, unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to degree of fineness.

(e) Only those materials which actually constitute sources of primary and secondary plant and micronutrients shall be shown on the application for registration and the label under the statement “Derived from: ____”. Commercial, registered or copyrighted brand or trade names shall not be permitted in guarantees or listing of source materials and only in the product name or advertising claims of fertilizer produced by or for the firm holding the rights to such a name.

(f) When a chelated form of a plant nutrient is claimed in addition to another form of the same element, the chelated portion shall be guaranteed and the specific chelated nutrient shall be listed as a source in the “Derived from” statement. The chelated guarantee shall be equal to or less than the “Soluble” or “Water Soluble” element guarantee.

(g) Guarantees for secondary or micro plant nutrients except chelated forms of secondary or micro plant nutrients shall be as follows:

1. Magnesium (Mg) shall be expressed as “Magnesium” if derived from insoluble compounds; “Soluble Magnesium” or “Water Soluble Magnesium” if derived from “magnesium sulfate or other soluble compounds”; or both if derived from combinations of soluble and insoluble sources.

2. When sulfur (S) is claimed as a plant nutrient, it shall be specified as to the form present, either “free” or “combined”, or both. “Specialty Fertilizer” defined in section 576.011(40), F.S., shall be exempt from Sulfur guarantees.

3. Manganese (Mn) shall be expressed as “Manganese” if derived from insoluble compounds “Soluble Manganese” or “Water Soluble Manganese” if derived from manganese sulfate, manganese nitrate, manganese chloride or other soluble compounds; or both if derived from combinations of soluble and insoluble sources.

4. Iron (Fe) shall be expressed as “Iron” if derived from insoluble compounds. “Soluble Iron” or “Water Soluble Iron” if derived from iron sulfate, iron nitrate, iron chloride or other soluble compounds; or both if derived from combinations of soluble and insoluble sources.

5. Zinc (Zn) shall be expressed as “Zinc” if derived from insoluble compounds. “Soluble Zinc” or “Water Soluble Zinc” if derived from zinc sulfate, zinc nitrate, zinc chloride or other soluble compounds; or both if derived from combinations of soluble and insoluble sources.

6. Copper (Cu) shall be expressed as “Copper” if derived from insoluble compounds; “Soluble Copper” or “Water Soluble Copper” if derived from copper sulfate, copper nitrate, copper chloride or other soluble compounds; or both if derived from combinations of soluble and insoluble sources.

7. Boron (B) shall be guaranteed as to water soluble boron, expressed as “boron”.

8. Other secondary or micro plant nutrients shall be guaranteed as to the total element, expressed as the element.

9. Minimum secondary or micro plant nutrient guarantees for specialty fertilizer shall be as follows, except guarantees for those water soluble nutrients labeled for ready to use foliar fertilizers, ready to use specialty liquid fertilizers, hydroponic or continuous liquid feed programs and guarantees for potting soils.

Aluminum

(Al)

.10%

Manganese

(Mn)

.02%

Boron

(B)

.02%

Molybdenum

(Mo)

.0005%

Calcium

(Ca)

.50%

Nickel

(Ni)

.0010%

Cobalt

(Co)

.0005%

Sodium

(Na)

.10%

Copper

(Cu)

.02%

Sulfur

(S)

1.00%

Iron

(Fe)

.02%

Zinc

(Zn)

.02%

Magnesium

(Mg)

.10%

(2) Labeling requirements for specialty fertilizer for urban turf or lawns (packaged in containers or bags such that the net weight is 49 pounds or less and distributed for home and garden use).

(a) Specialty Fertilizer products labeled for use on urban turf or lawns shall be no phosphate or low phosphate.

1. “No phosphate” fertilizers shall not contain more than 0.5% of available phosphate expressed as P2O5. The “grade” shall indicate a zero guarantee.

2. Fertilizers labeled as low phosphate shall have use directions that do not exceed an application rate of 0.25 lbs P2O5/1000 sq. ft. and not to exceed 0.50 lbs P2O5/1000 sq. ft. per year.

3. Fertilizers labeled as, or formulated for use as, starter fertilizer shall have use directions that do not exceed an application rate of 1.0 lb of P2O5/1,000 sq. ft. and that subsequent applications shall be made with products meeting the definition of Low or No Phosphate fertilizers. The term “starter fertilizer” shall be part of the brand name.

(b) Fertilizers labeled as urban turf or lawn fertilizer shall have directions for use for nitrogen that:

1. Are consistent with the recommendations in the following table:

Annual Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida

Nitrogen Recommendations (lbs N per 1000 sq. ft)*

Species Bahiagrass Bermuda Centipede St. Augustine Zoysia

North*

Timing of Application : Only Apply to Actively Growing Turf

Maximum Pounds N per Application

Spring or Summer 2 2 2 2 2

Fall 1 1 1 1 1

Maximum Annual Pounds 2-3 3-5 1-2 2-4 2-3

---

Central*

Timing of Application Only Apply to Actively Growing Turf

Maximum Pounds N per Application

Spring or Summer 2 2 2 2 2

Fall or Winter 1 1 1 1 1

Maximum Annual Pounds 2-4 4-6 2-3 2-5 2-4

---

South*

Timing of Application Only Apply to Actively Growing Turf

Maximum Pounds N per Application

Spring or Summer 2 2 2 2 2

Fall or Winter 1 1 1 1 1

Maximum Annual Pounds 2-4 5-7 2-3 4-6 2.5-4.5

*North Florida is defined as north of a line extending from Cedar Key to Daytona Beach. Central Florida is defined as south of the line extending from Cedar Key to Daytona Beach to a line extending from Tampa to Vero Beach. South Florida includes the remaining southern portion of the state.

2. Nitrogen shall not be applied at an application rate greater than 0.7 lbs of readily available nitrogen per 1000 sq. ft. at any one time based on the soluble fraction of formulated fertilizer.

3. Not more than 2 lbs. of total nitrogen per 1000 sq. ft. per application may be applied during the spring or summer;

4. Not more than 1 lb total nitrogen per 1000 sq. ft. per application may be applied during the fall or winter.

5. If a total controlled release product is applied, not more than 35 percent of the nitrogen in the controlled release fertilizer can be released within the first 7 days after application.

6. Nitrogen applications cannot exceed the annual nitrogen recommendations in the Annual Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida, set forth herein.

(c) The following language shall appear conspicuously on bags of fertilizer sold at retail: “Apply only to actively growing turf. Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn, and sweep any product that lands in the driveway, sidewalk, or street, back onto your lawn. Check with your local Cooperative Extension Agency to obtain specific information on local turf best management practices. Check with your county or city government to determine if there are local regulations for fertilizer use.

(d) Rates shall be expressed in units of weight or volume per unit of area coverage (where application rates are given in volume, the label shall provide sufficient information to calculate the application rates by weight).

(e) Rates shall be expressed per 1000 square feet.

(f) Coverage area per container or bag shall be displayed prominently on the Front of the container or bag. (i.e. This product covers 5000 square feet, This bag feeds 4000 square feet).

(3) Labeling requirements for sports turf.

(a) Have directions for use not to exceed rates recommended in the document entitled University of Florida, Institute of Food and Agricultural Sciences SL191 “Recommendations for N, P, K and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich III Extractant,” Reviewed: 05/2022, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Soil and Water Science Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, Florida 32611 or online at http://flrules.org/Gateway/reference.asp?No=Ref-18833.

(b) Have directions for use in accordance with the recommendations in “Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses,” published by the Florida Department of Environmental Protection, dated September 2021, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station #3570, Tallahassee, Florida 32399-2400 or online at http://flrules.org/Gateway/reference.asp?No=Ref-18830.

(4) Labeling requirements for fertilizers other than specialty fertilizers labeled for urban turf.

Fertilizers other than specialty fertilizers labeled for urban turf shall have directions for use not to exceed rates recommended in the document entitled “Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries,” published by the Florida Department of Environmental Protection, Revised 2021, which is hereby adopted and incorporated by reference into this rule. Copies may be obtained from Florida Department of Environmental Protection, 2600 Blair Stone Road, Mail Station #3570, Tallahassee, Florida 32399-2400 or online at http://flrules.org/Gateway/reference.asp?No=Ref-18832.

(5) Labeling requirements for fractional guarantees.

(a) Fertilizer material is defined in subsection 5E-1.0012(11) F.A.C.

(b) Grade is defined in subsection 5E-1.0012(12) F.A.C.

(c) Labeling:

1. The grade for fertilizer materials may be guaranteed in fractional units for total nitrogen expressed as N, available phosphorous expressed as P2O5, and soluble potassium expressed as K2O.

2. Bone meal, manure, and similar materials may be guaranteed in fractional units.

3. Specialty fertilizer as defined in s. 576.011(40), F.S., may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphate, and soluble potash or as set forth in Rule 5E-1.008, F.A.C.

4. When guaranteeing grade numerals in fractional units, they shall be expressed as decimal fractions not to exceed three places after the decimal point and those guaranteed at less than one percent shall have a zero preceding the decimal.

(d) The grade may not be guaranteed in fractional units for a mixed fertilizer or a combination of more than one fertilizer material.

(6) Slow or controlled release, stabilized nitrogen and enhanced efficiency fertilizers.

(a) When one or more slow or controlled release, stabilized nitrogen or enhanced efficiency fertilizers are claimed or advertised, the guarantees for such nutrients shall be shown as a footnote following the listing of source materials and shall be expressed as percent of actual nutrient.

(b) Listing of source materials providing slow or controlled release characteristics by controlling the water solubility of a naturally soluble material (as by coating or occlusion) shall constitute a claim of slow or controlled release nutrient, and a guarantee for such nutrient shall be required.

(c) Listing of source materials in which availability of nitrogen is controlled through slow hydrolysis of water soluble organic nitrogen compounds shall constitute a claim of slow or controlled release nutrient and a guarantee for such nutrient shall be required. The reference for such availability shall be the enzymatic hydrolysis of urea.

(d) No guarantee, claim or advertisement shall be made or required when a slow or controlled release, stabilized nitrogen or enhanced efficiency nutrient is less than 15 percent of the total guarantee for that nutrient.

(7) Chlorine guarantee.

(a) Chlorine shall be guaranteed as to maximum percentage content, when applicable, in agricultural fertilizer. “Specialty Fertilizer” defined in section 576.011(40), F.S., shall be exempt from chlorine guarantees.

(b) Maximum chlorine shall be guaranteed in all brands which contain one percent (1%) or more, or in which potassium chloride or other materials bearing substantial amounts of chlorine are present.

(c) The maximum chlorine shall be guaranteed in all brands intended for use on tobacco.

(d) Maximum chlorine guarantees shall be reasonably accurate and not misleading, and consistent with source materials present. Two percent (2%) shall be the maximum permissible guarantee in fertilizers, except where potassium chloride, fish emulsion, or other high chlorine materials are present.

(8) Declaration of Florida licensee number.

(a) The Florida Licensee Number, shall appear and be clearly identified on all fertilizer labels with a capital “F” preceding the license number.

(b) The number must be clear, legible and appear prominently and conspicuously on the label in proximity to the brand name or guaranteed analysis. The number must be placed in such a manner as to avoid any misinterpretation or confusion with percentages, pounds, or figures, statements, and in no way be misleading.

(9) Registration or specialty fertilizer products.

All specialty fertilizers to be sold within the state must be registered with the Bureau of Licensing and Enforcement prior to any sale. Each product will be registered by using either of the following methods:

(a) Through the Department’s Feed, Seed, and Fertilizer Regulatory Website located online at http://lims.flaes.org/HomeNew.aspx. An illustration of the Web Based Licensing and Registration process dated October 30, 2014, is hereby adopted and incorporated by reference in this rule and is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04746, or

(b) Submission of completed Application for Specialty Fertilizer Registration, FDACS-13220, (Rev. 11/14), online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04703 and Application for Registration of Specialty Fertilizer, FDACS-13203, (Rev. 07/14), online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04704 for each product, which are hereby adopted and incorporated by reference and shall be submitted to the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650.

(10) Licensee.

(a) Any person whose name is on a fertilizer label and who guarantees the fertilizer must obtain a license prior to distribution of that fertilizer to a non-licensee.

(b) A license may be obtained using either of the following methods:

1. Through the Department’s Feed, Seed, and Fertilizer Regulatory Website located online at http://lims.flaes.org/HomeNew.aspx. An illustration of the Web Based Licensing and Registration process dated October 30, 2014, is adopted and incorporated by reference in paragraph (9)(a) of this rule, or

2. Submitting an Application for Fertilizer License, FDACS-13222, Rev. 11/14, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04705 and shall be submitted to the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement Revenue Processing Section, 407 S. Calhoun Street, Room 121 Tallahassee, Florida 32399-0800.

History

• Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.021, 576.031, 576.045, 576.181 FS. History–New 1-23-67, Amended 10-22-68, 1-1-77, 3-27-77, Formerly 5E-1.03, Amended 8-3-93, 7-9-95, 10-25-98, 12-31-07, 1-18-10, 1-8-15, 1-27-26.

Fla. Admin. Code R. 5E-1.004 Declaration of Florida Licensee Number

History

• Rulemaking Authority 576.181 FS. Law Implemented 576.031 FS. History–New 1-23-67, Amended 1-1-77, Formerly 5E-1.04. Amended 8-3-93, Repealed 7-9-95

Fla. Admin. Code R. 5E-1.005 Listing of Source Materials for Plant Nutrients

History

• Rulemaking Authority 576.181, 570.07(23) FS. Law Implemented 576.021, 576.031 FS. History–New 1-23-67, Amended 1-1-77, Formerly 5E-1.05. Amended 6-23-86, Repealed 7-9-95

Fla. Admin. Code R. 5E-1.006 Plant Nutrient Claims

History

• Rulemaking Authority 576.181, 570.07(23) FS. Law Implemented 576.011(13), (20), (25), (26), 576.031 FS. History–New 1-23-67, Amended 1-1-77, Formerly 5E-1.06. Amended 5-19-88, 8-3-93, 7-12-94, Repealed 7-9-95

Fla. Admin. Code R. 5E-1.007 Pesticides in Fertilizer

(1) Pesticides authorized for blending with fertilizer. Any pesticide registered with the department and the United States Environmental Protection Agency shall be authorized, subject to the conditions set forth in this chapter, for blending with a fertilizer provided blending with a fertilizer is not prohibited in the labeling of the pesticide. Furthermore, the blending of more than one pesticide in fertilizer shall be authorized, provided the label of one or more of the pesticides does not prohibit the blending of the pesticide with another pesticide.

(2) Establishment registration. Each manufacturing establishment in Florida producing fertilizer-pesticide blends shall be registered with the United States Environmental Protection Agency according to Section 7 U.S.C. 136e, Federal Insecticide, Fungicide and Rodenticide Act (2018), which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-18817 or at 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. Custom blenders providing the service of mixing pesticides to a customer’s specifications are excluded from this requirement.

(3) Classification of fertilizer-pesticide blends.

(a) Inventoried blends shall be registered with the United States Environmental Protection Agency as a pesticide product and with the department as both a fertilizer and a pesticide product before being manufactured for sale, offered for sale or sold in the state. These mixtures shall be packaged in containers so fabricated as to prevent leakage or dusting when shipped, stored or handled.

(b) Custom blends shall not be offered for sale or sold by the purchaser. The manufacturer of custom blends shall require the signature of the exclusive purchaser or his agent on the manufacturer’s order or delivery form for a custom blend.

(4) Labeling requirements.

(a) Custom blends – The label of a custom blend shall have, in addition to the requirements set forth in rule 5E-1.003, F.A.C., the following information:

1. Name of the pesticide.

2. Guarantee of the actual pesticide contained in the blend, expressed as percent by weight.

3. Pounds of active ingredient per ton.

4. The words “caution – contains pesticide” conspicuously on the face of the tag in bold red lettering.

Custom blends transported in bulk shall be accompanied by no less than 5 labels which are attached to the delivery ticket and shall be furnished the purchaser at time of delivery. Blends containing restricted use pesticides defined in chapter 487, F.S., shall be manufactured only for a consumer licensed to purchase and use restricted use pesticides.

(b) Inventoried blends – The labeling requirements shall be those required for registration of the product in Florida and with the United States Environmental Protection Agency’s, regulations, 40 C.F.R. §156 (2024), which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-18829 or at 3125 Conner Boulevard, Tallahassee, Florida 32399-1650.

(5) The following information is required to be furnished to a purchaser of custom blends:

(a) A fertilizer label.

(b) A copy of the label of the pesticide used in the blend.

(c) Directions for application which are calculated by the manufacturer so that the application rate of the pesticidal component per acre is equivalent to the application rate per acre recommended in the label of the pesticide used. Blends containing more than one pesticide shall be blended and have directions for application which result in an application rate per acre equivalent to the label recommendation for each pesticidal component.

History

• Rulemaking Authority 576.181 FS. Law Implemented 576.181(2) FS. History–New 1-23-67, Amended 3-20-67, 7-20-67, 10-20-67, 2-20-68, 10-22-68, 2-21-69, 6-24-69, 11-20-69, 7-1-70, 10-22-70, 7-1-71, 10-29-71, 2-26-72, 3-1-73, 11-6-73, 6-28-74, 7-14-75, 12-11-75, 3-16-76, 1-1-77, 3-25-79, Formerly 5E-1.07, Amended 8-3-93, 1-27-26.

Fla. Admin. Code R. 5E-1.008 Low Analysis Fertilizer

(1) Low analysis mixed fertilizer containing less than 5% total primary plant nutrients may be guaranteed in other than whole percentages; however, each primary plant nutrient claimed shall be no less than 0.5%. Ready-to-use spray fertilizer products and potting soils and much products for above ground use containing fertilizer, do not require a minimum primary plant nutrient guarantee and may be guaranteed in fractional units.

(2) Specialty liquid fertilizer, hydroponic fertilizer, and continuous liquid feed fertilizers containing less than 5% total primary plant nutrients do not require a minimum primary plant nutrient guarantee and may be guaranteed in fractional units.

(3) Manipulated manures and compost come within the definition of fertilizer. In addition to the labeling requirements set forth in Section 576.031, F.S., the labels on all manipulated manures and composts shall contain in or in close proximity to the brand name, the common name of the product and the grade numerals in terms of the primary plant nutrients, (unless all three are zero), e.g., “Supreme Compost 1-2-1.”

(a) When the term manure is used in any brand name, labeling, or advertisement identifying any product, the animal source of the manure must also be shown.

(b) Products containing manure mixed or composted with other organic materials shall include the name of the other material in its brand, labeling and advertisement, e.g., “Cattle Manure plus Organic Compost,” “Horse Manure composted with Peat”. The common names of the components of such products shall be listed on the label in order of relative amount in the mixture.

(c) Manures and products containing manure shall be guaranteed to have a minimum of 0.5% total nitrogen, 0.5% available phosphorus and 0.2% soluble potassium. All statements of guarantees or grade numerals less than one percent shall be expressed as decimal fractions, with a zero preceding the decimal.

(d) Guano and earthworm castings are exempt from paragraph (c).

(e) Material recovered from lagoons or holding ponds designed to retain manure run-off is considered to be a compost and may not be claimed, branded or advertised to be a manure, except that the term “manure” can be used in a descriptive manner in a listing of source materials, as in “Derived from Cattle Manure Compost” or “Derived from Composted Dairy Manure Solids”. No minimum guarantee shall be required in such product.

History

• Rulemaking Authority 576.181 FS. Law Implemented 576.011(25), 576.031, 576.085 FS. History–New 1-23-67, Amended 12-2-76, 11-12-78, Formerly 5E-1.08, Amended 8-3-93, 10-25-98, 1-27-26.

Fla. Admin. Code R. 5E-1.009 Sampling

(1) Consumer request samples.

(a) For purposes of this rule, a consumer is defined as an individual, a corporate entity, or a distinct farming operation. If it deems necessary, the department may require an identification number, and acceptable evidence of tonnage purchased.

(b) Each consumer shall be entitled to request samples sufficient to represent up to 250 tons during each July 1 to June 30 period, without payment of a fee. A consumer who purchases in excess of 250 tons shall be subject to the payment fee provided below. Each sample found deficient shall entitle a consumer to an additional request sample without fee payment.

(c) A consumer requesting samples in addition to those provided for above, shall pay to the department a fee of one hundred fifty dollars per sample, to be deposited in the General Inspection Trust Fund.

(d) The departments response to consumer request samples shall be contingent upon its capability to effectively regulate the overall fertilizer market.

(e) The department shall review this section annually.

(2) Documentation.

(a) All official samples shall be properly identified by the inspector’s initials, assigned a sample number and be accompanied by any other available pertinent documentation.

(b) The Notice of Agency Action shall be utilized to inform licensees, dealers and consumers of an assessment of penalty on deficient fertilizer.

(c) The Penalty for Deficient Fertilizer Invoice shall be used to bill a licensee for a penalty for a deficient fertilizer when there is an unknown consumer. All billings of Commercial Tests of fertilizer shall be invoiced by the department.

(d) Fertilizer Purchase report, FDACS-13250, 10/25, is hereby adopted and incorporated by reference and available online at https://flrules.org/gateway/reference.asp?No=Ref-18812. This form shall be used by the Department to obtain from the dealer any known purchasers representing the lot of fertilizer sampled.

(e) Notice of Deficiency Payment, FDACS-13367, 10/25, is hereby adopted and incorporated by reference and available online at https://flrules.org/gateway/reference.asp?No=Ref-18813. The Notice of Deficiency Payment is completed by the licensee, notifying the Department of the form of payment made to the consumer to fulfill the deficiency.

(f) Deficiency Payment Acknowledgment of Receipt, FDACS-13368, 10/25, is hereby adopted and incorporated by reference and available online at https://flrules.org/gateway/reference.asp?No=Ref-18814. The Deficiency Payment Acknowledgment of Receipt is completed by the consumer, notifying the Department that payment was received from the licensee for the deficient fertilizer.

(g) These forms may be obtained from the Division of Agricultural Environmental Services, the Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, or by telephone at (850)617-7860.

History

• Rulemaking Authority 570.07(23), 576.061, 576.181(2) FS. Law Implemented 576.051(2), (8), 576.181(2) FS. History–New 1-23-67, Amended 6-24-69, 10-1-71, 6-21-72, 1-1-77, 2-28-84, 1-23-85, 6-19-85, Formerly 5E-1.09, Amended 3-28-91, 8-3-93, 7-9-95, 10-25-98, 1-27-26.

Fla. Admin. Code R. 5E-1.010 Special Request Samples of Bulk Mixed Fertilizer Drawn at Plant Suitably Equipped for Belt or Belt Discharge Sampling

History

• Rulemaking Authority 576.181 FS. Law Implemented 576.181(2), 576.051(2) FS. History–New 1-23-67, Amended 1-1-77, Formerly 5E-1.10. Amended 8-3-93, Repealed 7-9-95

Fla. Admin. Code R. 5E-1.012 Reports and Inspection Fee Payment, Inspection Fees, Reporting

(1) Licensees must make a quarterly report of fertilizer sold in the State of Florida and pay a quarterly inspection fee. Each Licensee shall report the amount of all fertilizers sold each quarter, on or before the 30th day after the close of the reporting period, accompanied by inspection fee payment, as provided in Section 576.041, F.S. using the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx or by submitting as instructed on form, Report of Fertilizer Sold in the State of Florida, FDACS-13239, Rev. 10/25, which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-18815. A zero report shall be made for any quarter in which there were no sales. If a quarter’s sales do not exceed one ton, a zero report shall be made by the Licensee for that quarter’s tonnage. The unreported tonnage, less than one ton, shall be combined with subsequent quarter’s tonnages until such time as the cumulative total exceeds one ton at which time it shall be reported on the next quarter’s report.

(2) Statistical report of fertilizer tonnage. This report covers all fertilizer movements other than wholesale. Each Licensee shipping or delivering fertilizers in other than wholesale movements in lots of one or more tons shall notify the department thereof. Notification shall consist of:

(a) A quarterly summary shall be submitted on or before the 30th day after the close of the reporting period. A zero report shall be made for any quarter in which there were no sales.

(b) The quarterly summary shall be submitted using the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx or by submitting as instructed on form, Fertilizer Tonnage Reporting, FDACS-13238, Rev. 10/25, which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-18816. The quarterly summary shall also include the following:

1. Destination County Code using the five digit (state + county) United States Environmental Protection Agency (EPA) County Federal Information Processing Standard (FIPS) code. The EPA County FIPS Code Listing for the State of Florida, April 27, 2015, is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-06164.

2. Material Code (materials only; not for mixed fertilizer). The material codes can be found in Appendix C of the Uniform Fertilizer Tonnage Reporting System Instruction Manual, Edition 2 (08/25/2006) which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-06165.

The forms referenced above are also available upon request by contacting the Division of Agricultural Environmental Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, or by telephone at (850)617-7860.

History

• Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.041, 576.045 FS. History–New 1-23-67, 6-24-69, 2-26-71, 3-1-73, 1-1-77, Formerly 5E-1.12, Amended 8-3-93, 10-25-98, 5-23-10, 12-30-15, 1-27-26.

Fla. Admin. Code R. 5E-1.013 Chlorine Guarantee

History

• Rulemaking Authority 576.181 FS. Law Implemented 576.011 FS. History–New 1-23-67, Amended 1-1-77, Formerly 5E-1.13. Amended 8-3-93, Repealed 7-9-95

Fla. Admin. Code R. 5E-1.014 Methods of Analyses

All methods of analyses shall be those in the State of Florida, Department of Agriculture and Consumer Services, Fertilizer Laboratory Methods Manual, (Rev. 01/31/25), which is hereby incorporated by reference amd available online at https://flrules.org/Gateway/reference.asp?No=Ref-18965. Copies may be obtained from the Division of Agricultural Environmental Services, Bureau of Agricultural Environmental Laboratories, 3125 Conner Boulevard, Building 7, Tallahassee, Florida 32399-1650.

History

• Rulemaking Authority 570.07(23), 576.051(7), 576.181(2) FS. Law Implemented 576.051(2), (3), (7) FS. History–New 1-23-67, Amended 1-1-77, 7-22-79, 4-23-80, 10-27-80, 4-20-81, 10-18-81, 4-4-83, 11-16-83, 1-23-85, 6-19-85, Formerly 5E-1.14, Amended 11-16-86, 10-12-87, 9-26-88, 11-19-89, 3-28-91, 8-3-93, 7-9-95, 10-25-98, Amended 7-29-02, 10-9-03, 1-27-26.

Fla. Admin. Code R. 5E-1.015 Calculation of Correction Factors for Moisture and Mechanical Tests on Agricultural Liming Materials

History

• Rulemaking Authority 576.181 FS. Law Implemented 576.051(7) FS. History–New 1-23-67, Amended 11-20-69, 3-27-77, 6-12-84. Formerly 5E-1.15, Repealed 7-9-95.

Fla. Admin. Code R. 5E-1.016 Commercial Values for Penalty Assessments

The commercial values used in assessing penalties for plant nutrient deficiencies are determined by the annualized average market prices published by the Green Markets Publication (effective 9/17/07), which is hereby incorporated by reference. Commercial Values not provided in Industry Publications will be established through survey approved by the Fertilizer Technical Council. Copies may be obtained from the Green Markets, 1010 Wayne Avenue, Suite 1400, Silver Spring, MD 20910 USA. This rule shall be reviewed annually.

(1) PRIMARY PLANT NUTRIENTS.

Guaranteed

Commercial Values

as

(Per unit*)

Total Nitrogen

N

$11.26

Nitrate Nitrogen

N

9.73

Ammoniacal Nitrogen

N

9.60

Water Soluble or Urea Nitrogen

N

8.10

Slow Release Nitrogen

(from other SRN sources)

N

20.66

Water Insoluble Nitrogen

N

20.32

Available Phosphorus

P2O5

9.87

Slow Release Phosphate

P2O5

19.10

Potassium (from Muriate)

K2O

4.96

Slow Release Potassium

K2O

16.28

Potassium (from any source other than

Muriate or a combination of sources)

K2O

9.17

(2) SECONDARY PLANT NUTRIENTS.

Guaranteed

Commercial Values

as

(per unit*)

Total and Water Soluble

Magnesium (from any source)

Mg

$11.54

Manganese (from sulfate)

Mn

18.29

Manganese (from sucrate)

Mn

16.94

Manganese (from chloride)

Mn

6.10

Manganese (from oxide)

Mn

11.47

Manganese (from chelate in group 1**)

Mn

359.85

Manganese (from chelate in group 2**)

Mn

220.00

Copper (from sulfate)

Cu

79.34

Copper (from chloride)

Cu

22.15

Copper (from oxide)

Cu

45.00

Copper (from chelate in group 1**)

Cu

387.63

Copper (from chelate in group 2**)

Cu

289.95

Zinc (from sulfate)

Zn

33.59

Zinc (from sucrate)

Zn

16.17

Zinc (from chloride)

Zn

18.45

Zinc (from oxide)

Zn

30.45

Zinc (from chelate in group 1**)

Zn

325.00

Zinc (from chelate in group 2**)

Zn

180.00

Iron (from sulfate)

Fe

15.83

Iron (from sucrate)

Fe

8.83

Iron (from humate)

Fe

5.41

Iron (from oxide)

Fe

4.80

Iron (from chelate in group 1**)

Fe

324.41

Iron (from chelate in group 2**)

Fe

87.55

Aluminum

Al

14.42

Sulfur (free)

S

3.39

Sulfur (combined)

S

3.73

Boron

B

42.00

Molybdenum

Mo

818.53

Cobalt

Co

89.90

Calcium (from any source)

Ca

.79

(3) Dolomite and Limestone (when sold as material).

Magnesium

MgCO3

.72

Calcium

CaCO3

.50

(4) Calcium sulfate (land plaster, gypsum) (when sold as material).

Calcium

CaSO4

.52

*A “Unit” of plant nutrient is one percent (by weight) of a ton or 20 pounds.

**Chelates in “group 1” have aminopolycarboxylic acids, such as EDTA, HEDTA, DTPA and NTA, or related compounds as chelating agents. Chelates in “group 2” have chelating agents other than those in group 1.

History

• Rulemaking Authority 570.07(23), 576.181(2) FS. Law Implemented 576.051(2), (3), (7), 576.061, 576.071, 576.181 FS. History–New 1-23-67, Amended 10-22-68, 11-20-69, 10-22-70, 3-9-74, 6-28-74, 10-25-74, 7-6-76, 7-26-77, 7-22-79, 4-23-80, 10-27-80, 10-18-81, 2-16-84, 12-2-85, Formerly 5E-1.16, Amended 11-16-86, 10-8-87, 9-26-88, 11-19-89, 3-28-91, 2-25-92, 8-3-93, 7-12-94, 10-25-98, 3-20-00, 10-9-01, 2-9-04, 7-26-06, 6-5-08.

Fla. Admin. Code R. 5E-1.017 Responsibilities of Licensees Under Certain Circumstances

History

• Rulemaking Authority 576.181, 570.07(23) FS. Law Implemented 576.021(2) FS. History–New 10-27-80, Formerly 5E-1.17, Amended 8-3-93. Repealed 7-9-95.

Fla. Admin. Code R. 5E-1.018 Probationary Status, Revocation of Registration and License

History

• Rulemaking Authority 576.181, 570.07(23) FS. Law Implemented 576.101, 576.061 FS. History–New 2-28-84, Amended 6-19-85, Formerly 5E-1.18, Amended 8-3-93, Repealed 11-7-13.

Fla. Admin. Code R. 5E-1.019 Certified Net Weight

(1) The term “certified net weight” means the net weight of a bulk lot of fertilizer determined by weighing the transport vehicle or container on a weighing system which meets the requirements of the department, as specified in rule 5F-5.001, F.A.C. In the case of fluid fertilizer, the container may be one from which the product is dispensed directly into the delivery vehicle. If portions of a bulk lot of fertilizer are sold by a dealer other than the registrant, the weights of those portions may be determined by means other than weighing the transport vehicle or container, provided the consumer is willing to accept such weight.

(2) A certified net weight ticket shall be attached to and become a part of the required delivery documents. In the case of fluid fertilizer, the container may be one from which the product is dispensed directly into the delivery vehicle.

History

• Rulemaking Authority 576.181(2), 570.07(23) FS. Law Implemented 576.031(2) FS. History–New 7-1-84, Amended 6-19-85, Formerly 5E-1.19, Amended 8-3-93.

Fla. Admin. Code R. 5E-1.020 Substitute Labeling

History

• Rulemaking Authority 576.181(2), 570.07(23) FS. Law Implemented 576.181(2) FS. History–New 1-2-86, Formerly 5E-1.20, Amended 8-9-93. Repealed 7-9-95.

Fla. Admin. Code R. 5E-1.021 Antisyphon Requirements for Irrigation Systems

History

• Rulemaking Authority 576.087, 570.07(23) FS. Law Implemented 576.087 FS. History–New 8-3-93, Repealed 7-9-95.

Fla. Admin. Code R. 5E-1.0201 Substitute Labeling

Fertilizer labels presented to the department to substitute for labeling originally accompanying delivery of a sampled lot may be accepted provided:

(1) Such labels and pertinent documents are submitted to the department within 21 days of the date of issuance of the fertilizer analysis report and a review of those documents confirms that a labeling error has occurred. Pertinent documents may include the customer order, batch sheets, delivery tickets, invoices, analysis tags and registrations. Provided further that the affected consumer agrees in writing to accept the proposed substitute labels within 15 days of date of notice by the department. In the event the consumer fails to accept the substitute labels as provided herein, the official fertilizer analysis report shall be based upon the original labels as furnished to the consumer with the delivery.

(2) If one or more consumers who have shared in the purchase of a lot of fertilizer declines to accept substitute labeling, or part of a lot of fertilizer has been sold to purchasers not identified, the department may issue two fertilizer analysis reports. Each report will represent proportionate amounts of the lot based on the original and substitute labeling. The original official sample shall be the basis for both fertilizer analysis reports.

(3) When a corrected fertilizer analysis report does not require additional analyses to be reported, the date of the report shall be the same as the date of the original report. When acceptance of substitute labeling requires additional analyses to be reported, the date of the fertilizer analysis report shall be the date of completion of the additional analyses.

(4) This rule shall be reviewed annually.

History

• Rulemaking Authority 576.181(2), 570.07(23) FS. Law Implemented 576.181(2) FS. History–New 10-25-98.

Fla. Admin. Code R. 5E-1.022 Misbranded

History

• Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.011, 576.021, 576.031, 576.041, 576.051. 576.061, 576.085, 576.087, 576.091, 576.106, 576.132, 576.141, 576.151 FS. History–New 8-3-93, Repealed 7-9-95.

Fla. Admin. Code R. 5E-1.023 Procedures for Landowners and Leaseholders to Submit a Notice of Intent to Implement Nitrogen Best Management Practices (BMPs)

History

• Rulemaking Authority 403.067(7)(c)2., 576.045(6) FS. Law Implemented 403.067, 576.045 FS. History–New 10-16-96, Amended 5-1-01, 10-17-02, 2-4-03, 11-21-07, 5-23-10, Repealed 1-27-26.

Fla. Admin. Code R. 5E-1.024 Commercial Fertilizer Tests

(1) The department will perform, upon request, laboratory assays of fertilizers when the Division of Agricultural Environmental Services determines the requested assay will not interfere with the prescribed duties of the department. Fertilizers submitted for analyses shall be accompanied by a completed form entitled, “Florida Commercial Fertilizer Collection Form (FDACS-13409, Rev. 10/13), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-03361. Requested assays will be completed upon payment of the charges listed below:

(2) Assay

Fee

(a) Total Nitrogen

50.00

(b) Nitrate Nitrogen

10.00

(c) Ammoniacal Nitrogen

10.00

(d) Water Soluble Nitrogen

10.00

(e) Water Insoluble Nitrogen

34.00

(f) Available Phosphorus (P2O5)

40.00

(g) Total Phosphorus (P2O5)

45.00

(h) Soluble Potassium

34.00

(i) Chlorine

34.00

(j) Total Magnesium

34.00

(k) Water Soluble Magnesium

34.00

(l) Total Manganese

44.00

(m) Soluble Manganese

25.00

(n) Chelated Manganese

34.00

(o) Total Copper

44.00

(p) Soluble Copper

25.00

(q) Chelated Copper

34.00

(r) Total Iron

44.00

(s) Soluble Iron

25.00

(t) Chelated Iron

34.00

(u) Total Zinc

44.00

(v) Soluble Zinc

25.00

(w) Chelated Zinc

34.00

(x) Aluminum

44.00

(y) Boron

34.00

(z) Calcium

44.00

(aa) Cobalt

44.00

(bb) Molybdenum

44.00

(cc) Sulfur (combined)

50.00

(dd) Sulfur (free)

75.00

(ee) Non-Nutritive Metals (Pass/Fail Florida Standard)

50.00

(ff) Non-Nutritive Metals (Reported in ppm)

100.00

(gg) Moisture

25.00

(hh) Calcium Carbonate

50.00

(ii) Calcium Sulfate

50.00

(jj) Magnesium Carbonate

50.00

History

• Rulemaking Authority 576.051, 576.061, 576.181 FS. Law Implemented 576.051, 576.061, 576.181 FS. History–New 10-25-98, Amended 2-24-14.

Fla. Admin. Code R. 5E-1.025 Fertilizer Aircraft Registration, Inspection, Security, Storage, Transactions, Recordkeeping, Area-of-Application Information and Forms

(1) Registration. Each aircraft used for aerial application of any fertilizer must be annually registered with the department. Application for registration must be on the Application for Aircraft Registration, FDACS-13354, Rev. 05/04, which is adopted and incorporated in paragraph 5E-9.036(9)(a), F.A.C., or submitted via the Department’s Aircraft Registration database at https://aeslicensing.fdacs.gov/. The completed registration form shall be submitted to the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. The registration shall be submitted to the Department on or before June 30 of each year.

(2) Inspection. Authorized department representatives may inspect aircraft required to be registered with the department as to equipment relating to aerial fertilizer application under this rule during normal working hours without prior notification or as determined necessary when an emergency has been declared as contained in subsection (7) herein.

(3) Security. Each aircraft used for aerial application of any fertilizer shall be secured when not in use. Secured storage shall include the aircraft being: within a locked building, locked in place securely, mechanically disabled from flying, or any other reasonable method which would prevent or deter theft or unauthorized use.

(4) Storage. All fertilizers on the premises owned or controlled by any aerial applicator shall be stored and maintained in a manner such that they are not accessible to unauthorized persons. Secured storage shall include: fences with a minimum 6 feet height, door locks, valve locks, electronic security systems, disabling of mobile storage units, blocking of access, ingress or egress; or any other reasonable method to prevent or deter theft or unauthorized use. Buildings used to store fertilizers must be of rigid construction so unauthorized entry can not be achieved without the use of heavy machinery or equipment. If a portable building is used for storage of fertilizers, the building must be secured in place so it can not be towed or otherwise removed by unauthorized persons.

(5) Transactions. Any purchase, sale, rental, leasing, or transfer of ownership of an aircraft required to be registered with the department pursuant to subsection (1), above, shall be transmitted to the department on Report of Aircraft Transaction, FDACS-13355, Rev. 05/04, which is adopted and incorporated in paragraph 5E-9.036(9)(d), F.A.C., or can be filed electronically via the Department’s Aircraft Registration database at https://aeslicensing.fdacs.gov/ within 24 hours of the transaction.

(6) Recordkeeping. Aerial applicators shall maintain records relating to each application of fertilizer during a declared emergency. Such records generated during the emergency shall be retained for a period of two (2) years and shall be maintained in a manner that is accessible by the department upon request.

(a) Name and FAA license number of the licensee responsible for the fertilizer application;

(b) Date and time of treatment;

(c) Location of treatment site, which may be recorded using any of the following designations:

1. County, range, township and section;

2. An identification system utilizing maps and/or written descriptions which accurately identify the location and distinguish the treatment site from other sites;

3. The legal property description; or

4. Global Positioning Satellite (GPS) coordinates or Longitude/Latitude points which delineate the treated area.

(d) Name of the person requesting or authorizing the application;

(e) Aircraft manufacturer, make and model;

(f) FAA aircraft registration number;

(g) Originating airport/airstrip.

(7) Area-of-Application Information. The information listed in paragraphs (6)(a) through (6)(g) is required only when a declaration of an Executive Order pursuant to the emergency powers granted to the Governor or the Commissioner of Agriculture declaring an emergency in the State of Florida. Such information shall be provided and filed with the Department in a manner determined by the Department.

(8) Forms. The forms referenced in this rule may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, or by telephone at (850)617-7870.

History

• Rulemaking Authority 570.07(23), 576.181 FS. Law Implemented 576.181 FS. History–New 6-9-02, Amended 1-27-26.

Fla. Admin. Code R. 5E-1.026 Adulteration Levels for Metals in Fertilizers; Certificate of Analysis

Adulteration levels for metals in fertilizers.

Fertilizers that contain guaranteed amounts of phosphates and/or micronutrients are adulterated when they contain metals in amounts greater than the levels of metals established by the following table1:

Metals

ppm per 1% P2O5

ppm per 1% Micronutrients2

1. Arsenic

13

112

2. Cadmium

10

83

3. Cobalt

3,100

23,0003

4. Lead

61

463

5. Mercury

1

6

6. Molybdenum

42

3003

7. Nickel

250

1,9003

8. Selenium

26

1803

9. Zinc

420

2,9003

To use the Table:

Multiply the percent guaranteed P2O5 or sum of the guaranteed percentages of all micronutrients (Iron, Manganese, Zinc, etc.) in each product by the value in the appropriate column in the Table to obtain the maximum allowable concentration (ppm) of these metals. The minimum value for P2O5 utilized as a multiplier shall be 6.0. The minimum value for micronutrients utilized as a multiplier shall be 1. If a product contains both P2O5 and micronutrients multiply the guaranteed percent P2O5 by the value in the appropriate column and multiply the sum of the guaranteed percentages of the micronutrients by the value in the appropriate column. Utilize the higher of the two resulting values as the maximum allowable concentrations.

Biosolids, and all compost products4, shall be adulterated when they exceed the levels of metals permitted by the United States Environmental Protection Agency Code of Federal Regulations, 40 CFR Part 503 (2025), which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-18966 or at 3125 Conner Boulevard, Tallahassee, Florida, 32399-1650. Dried biosolids and manure, as well as manipulated manure products not supplemented with chemical fertilizers shall also be deemed adulterated when they exceed the levels of metal permitted by the United States Environmental Protection Agency Code of Federal Regulations, 40 CFR Part 503. Hazardous waste derived fertilizers (as defined by EPA) shall be adulterated when they exceed the levels of metals permitted by the United States Environmental Protection Agency Code of Federal Regulations, 40 CFR Parts 261.2(c) (2024), which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-18967 or at 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, 266.20(d) (2023), which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-18968 or at 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 and 268.40 (2023), which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-18969 or at 3125 Conner Boulevard, Tallahassee, Florida 32399-1650.

Footnotes:

1 These guidelines are not intended to be used to evaluate horticultural growing media claiming nutrients but may be applied to the sources of the nutrients added to the growing media.

2 Micronutrients (also called minor elements) are essential for both plant growth and development and are added to certain fertilizers to improve crop production and/or quality. These micronutrients are iron, manganese, zinc, copper, molybdenum and boron. In addition, cobalt and selenium can also be considered micronutrients.

3 Only applies when not guaranteed.

4 Includes all compost products that are not supplemented with chemical fertilizers, even those registered as fertilizers (making nutrient claims).

History

• Rulemaking Authority 576.181 FS. Law Implemented 576.181 FS. History–New 7-29-02, Amended 2-25-03, 1-27-26.

Fla. Admin. Code R. 5E-1.027 Investigational Allowances

(1) The investigational allowances are set as follows:

(a) Primary plant nutrients; investigational allowances.

Guaranteed Percent

Total Nitrogen Percent

Available Phosphate Percent (P2O5)

Soluble Potash Percent (K2O)

04 or less

0.49

0.67

0.41

05

0.51

0.67

0.43

06

0.52

0.67

0.47

07

0.54

0.68

0.53

08

0.55

0.68

0.60

09

0.57

0.68

0.65

10

0.58

0.69

0.70

12

0.61

0.69

0.79

14

0.63

0.70

0.87

16

0.67

0.70

0.94

18

0.70

0.71

1.01

20

0.73

0.72

1.08

22

0.75

0.72

1.15

24

0.78

0.73

1.21

26

0.81

0.73

1.27

28

0.83

0.74

1.33

30

0.86

0.75

1.39

32

0.88

0.76

1.44

34

0.79

1.46

36

0.83

1.49

38

0.86

1.51

40

0.90

1.54

42

0.93

1.56

44

0.96

1.58

46

1.00

1.61

48

1.03

1.63

50

1.07

1.66

52

1.10

1.68

54

1.70

56

1.73

58

1.75

60

1.78

62

1.80

*For N guarantees above 32%, the investigational allowance shall be 0.88; For TSP, the investigational allowance shall be 1.53%.

For guarantees not listed, calculate the appropriate value by interpolation.

(b) Nitrogen investigational allowances.

Nitrogen Breakdown

Investigational Allowances Percent

Nitrate nitrogen

0.40

Ammoniacal nitrogen

0.40

Water soluble nitrogen or urea nitrogen

0.40

Water insoluble nitrogen

0.30

In no case may the investigational allowance exceed 50 percent of the amount guaranteed.

(c) Secondary and micro nutrients, total or soluble.

Element

Investigational Allowances Percent

Calcium

0.2 unit + 5 percent of guarantee

Magnesium

0.2 unit + 5 percent of guarantee

Sulfur (free and combined)

0.2 unit + 5 percent of guarantee

Boron

25 percent of guarantee for <1% guarantee;

0.15 unit + 10 percent of guarantee for ≥1% guarantee

Cobalt

0.0001 unit + 30 percent of guarantee

Chlorine

0.005 unit + 10 percent of guarantee

Copper

25 percent of guarantee for <1% guarantee;

0.15 unit + 10 percent of guarantee for ≥1% guarantee

Iron

25 percent of guarantee for <1% guarantee;

0.15 unit + 10 percent of guarantee for ≥1% guarantee

Manganese

25 percent of guarantee for <1% guarantee;

0.15 unit + 10 percent of guarantee for ≥1% guarantee

Molybdenum

0.0001 unit + 30 percent of guarantee

Sodium

0.005 unit + 10 percent of guarantee

Zinc

25 percent of guarantee for <1% guarantee;

0.15 unit + 10 percent of guarantee for ≥1% guarantee

The maximum allowance for secondary and minor elements when calculated in accordance with this section is 1 unit (1 percent). In no case, however, may the investigational allowance exceed 50 percent of the amount guaranteed.

(d) Liming materials and gypsum.

Range Percent

Investigational Allowances Percent

0-10

0.30

Over 10-25

0.40

Over 25

0.50

(e) Pesticides in fertilizer mixes. – An investigational allowance of 25 percent of the guarantee shall be allowed on all pesticides when added to custom blend fertilizers.

History

• Rulemaking Authority 576.051, 576.061, 576.181 FS. Law Implemented 576.051, 576.061, 576.181 FS. History‒New 2-24-14, Amended 10-27-16.

Fla. Admin. Code R. 5E-1.028 Matching Criteria

Effective July 1, 2014, laboratory determinations from the different laboratories that agree within the investigational allowances listed in rule 5E-1.027, F.A.C., for the guaranteed nutrient(s) are considered matching results.

History

• Rulemaking Authority 576.051, 576.061, 576.181 FS. Law Implemented 576.051, 576.061, 576.181 FS. History‒New 2-24-14.

Chapter 5E-2 PESTICIDES

Fla. Admin. Code R. 5E-2.001 Declaration of Pests

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.021(35), 487.051(2)(a) FS. History‒New 1-23-67, Formerly 5E-2.01, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.0105 Definitions

(1) Building structure and its contents – For the purpose of the rule the term structure and its contents shall mean the building, both structural and nonstructural components, assembled as a part of the construction.

(2) Building test – A test conducted on a building as defined in Section 202 of the Florida Building Code (2001 edition, available from the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399) with an area not less than 350 square feet.

(3) Field plot test – A test conducted at a research site other than a building and at which there are no termite preventative treatments other than the product being tested.

(4) Formulated Bait – A mixture of an active ingredient in the concentration proposed for registration and a material that can be fed upon by subterranean termites.

(5) Independent monitors – Cellulose available and palatable to the subterranean termite population that does not contain a termiticide and is used to assess treatment effects on the termite population.

(6) Infestation – Presence of living pests in, on, or under a structure, lawn, or ornamental.

(7) Inspection Ports – Devices or building modifications that provide access to visual inspection of an area of a structure.

(8) Randomly Selected – Each item in a population has an equal chance of being chosen.

(9) Re-infestation – An occurrence of an infestation in a building after a previous infestation has been eliminated.

(10) Stand-Alone – A product or device containing active ingredient pesticide or pesticides used to control a termite infestation without the required use of another pesticide or procedure.

(11) Application site – The specific location being treated with a pesticide.

(12) Designated Agent – An individual with a certified applicator’s license in Category 1C-Private Applicator Agricultural Pest Control or Category 1D-Soil and Greenhouse Fumigation as stated in Rule 5E-9.021, F.A.C. or an individual working under his or her direct supervision for the purpose of applying pesticides.

(13) “Stewardship Policy” means a written plan that addresses the education and training of all fumigation employees and includes requirements for continued sale and use of the registrant’s residential fumigant, instructions to follow the residential fumigant’s label requirements and submission to quality assurance inspections conducted by the registrant or designated representative such as distributors and contractors.

(14) “Fumigation Employee” means any of the following persons who is an employee of a licensee or a person conducting fumigation at the direction of or under the control of a licensee:

(a) Certified Operators in the fumigation category pursuant to Section 482.111(2)(a), F.S.;

(b) Special Identification Cardholders;

(c) Employee Identification Cardholders with the Fumigation Identification Card endorsement.

(15) “Residential Fumigant” means a registered pesticide labeled for structural fumigation including or encompassing residential areas in the state of Florida.

(16) “Licensee,” as the term is used in this rule chapter, means a person, partnership, firm, corporation or other business entity having a license issued under the provisions of Chapter 482, F.S., by the department for engaging in the business of structural pest control in the category of fumigation pursuant to Section 482.111(2)(a), F.S.

(17) “Permanent stop-sale” means the action taken by the registrant to stop the sale of a residential fumigant to a licensee on a permanent basis after the department has revoked a licensee’s license to perform residential fumigations.

(18) “Extended stop-sale” means the action taken by the registrant to stop the sale of a residential fumigant to a licensee for a determined period of time.

History

• Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.0435, 487.051 FS. History–New 3-23-03, Amended 4-16-15, 5-7-17.

Fla. Admin. Code R. 5E-2.002 Pesticide Defined

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.021(36), 487.051(3) FS. History‒New 1-23-67, Formerly 5E-2.02, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.003 Pesticides Highly Toxic to Man

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.051(2)(b), (3) FS. History‒New 1-23-67, Formerly 5E-2.03, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.004 Requirement of a Tolerance or Exemption from a Tolerance for Pesticides Used on Food or Feed Crops

History

• Rulemaking Authority 487.042(1), 487.051(2), 570.07(23) FS. Law Implemented 487.051(2)(d) FS. History‒New 1-23-67, Amended 3-25-79, 10-27-80, Formerly 5E-2.04, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.005 Registration of Pesticides Containing Parathion or Methyl Parathion

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.041, 487.051(2)(d) FS. History‒New 1-23-67, Formerly 5E-2.05, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.006 Registration of Discontinued Brands

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.041(5) FS. History‒New 1-23-67, Formerly 5E-2.06, Repealed 3-25-79.

Fla. Admin. Code R. 5E-2.007 Special Lots of Pesticides

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.041, 487.051(2)(d) FS. History‒New 1-23-67, Formerly 5E-2.07, Repealed 3-25-79.

Fla. Admin. Code R. 5E-2.008 Changes in Labeling or Registration

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.031 FS. History‒New 1-23-67, Amended 3-25-79, Formerly 5E-2.08, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.009 Pesticide Experimental Use

History

• Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.042(1), 487.051(3), 487.081(1)(c) FS. History‒New 1-23-67, Amended 3-25-79, 10-18-81, 4-20-83, Formerly 5E-2.09, Amended 6-3-86, 12-31-86, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.010 Interpretation with Respect to Advertising

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.021(34), (35), 487.031(1)(a), 487.041(1)(c) FS. History‒New 1-23-67, Formerly 5E-2.10, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.011 General Labeling Requirements for Pesticides

Labeling requirements for pesticides as specified in 40 CFR 156 (7-1-94 Edition) are hereby adopted by reference. Copies of this regulation may be obtained from the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954.

History

• Rulemaking Authority 487.051(2), 570.07(23) FS. Law Implemented 487.041(3), 487.051(2) FS. History–Revised 1-23-67, Amended 3-25-79, Formerly 5E-2.11, Amended 7-18-95.

Fla. Admin. Code R. 5E-2.012 Labeling Requirements for Household Presticides

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.041(1)(c) FS. History‒New 1-23-67, Formerly 5E-2.12, Repealed 11-6-73.

Fla. Admin. Code R. 5E-2.013 Term “Percent” in Brand Name

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.021(16), 487.041(1)(c) FS. History‒New 1-23-67, Formerly 5E-2.13, Repealed 3-25-79.

Fla. Admin. Code R. 5E-2.014 Sampling of Pesticides

Methods of sampling pesticides shall be those adopted and published in Volume 1, Official Methods of Analysis, Association of Official Analytical Chemists, Chapter 7, pages 1-140 (21st Edition, 2019).

History

• Rulemaking Authority 487.051(1)(b), 487.051(2), 570.07(23) FS. Law Implemented 487.051(1)(b), 487.051(2), 487.071(2) FS. History–New 1-23-67, Amended 6-19-85, Formerly 5E-2.14, Amended 7-18-95, 9-30-21.

Fla. Admin. Code R. 5E-2.015 Methods of Analyses

All methods of analyses for pesticide formulations shall be those adopted and published in Volume 1, Official Methods of Analysis, Association of Official Analytical Chemists, Chapter 7, pages 1-140 (21st Edition, 2019).

History

• Rulemaking Authority 487.051(2), 487.154, 570.07(23) FS. Law Implemented 487.051(2), 487.071(2) FS. History–New 1-23-67, Amended 5-5-80, 10-27-80, 10-18-81, 4-4-83, 11-16-83, 6-19-85, Formerly 5E-2.15, Amended 11-16-86, 10-12-87, 8-2-89, 7-18-95, 9-30-21.

Fla. Admin. Code R. 5E-2.016 Pesticide Deficiency Tolerances

Percent guaranteed

Tolerance

From 0% thru 4.9%

0.2% (actual percent)

From 5% thru 9.9%

0.3% (actual percent)

From 10% thru 100%

3.0% of guarantee

In no case shall the tolerance exceed fifty percent of guarantee.

History

• Rulemaking Authority 487.051(1)(b), (2), 570.07(23) FS. Law Implemented 487.051(1)(b), 487.051(2), 487.091(1) FS. History–New 1-23-67, Formerly 5E-2.16, Amended 7-18-95.

Fla. Admin. Code R. 5E-2.017 Weight or Measure Deficiencies in Pesticides

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.051(2)(d) FS. History‒New 1-23-67, Formerly 5E-2.17, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.018 Disposal of Waste Pesticide Materials

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.031(1)(c) FS. History‒New 1-23-67, Formerly 5E-2.18, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.019 Coloring or Discoloring Pesticides

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.031(2)(c), 487.031(1)(e) FS. History‒New 1-23-67, Amended 3-25-79, Formerly 5E-2.19, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.020 Non-efficacious Pesticides; Registration Denied

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.041(3) FS. History‒New 1-23-67, Amended 3-25-79, Formerly 5E-2.20, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.021 Specifications for Citrus Spray Oils

(1) Purposes – Only petroleum oils with the specific properties designated by the Institute of Food and Agricultural Sciences and which meet the registration requirements of Chapter 487, F.S., are recommended for use in oil sprays for citrus. Spray oils containing such properties are designated as FC 435-66, FC 412-66 and FC 455-88. Based on research data, spray oil meeting FC 455-88 specifications has the greatest pesticidal action without excessive adverse effects on trees and fruit during midsummer. Oil meeting FC 412-66 specifications is a lighter oil and has the minimum adverse effects on trees and fruit consistent with adequate pesticidal effect. It is preferred when applications must be made close to harvest or when tree growth is less vigorous due to weather or season.

(2) Specifications.

Citrus Spray

Citrus Spray

Citrus Spray

Oil FC

Oil FC

Oil FC

Designation

435-66

412-66

455-88

Distillation Temperature at

435 ± 8

412 ± 8

455 ± 8

10 mm Hg by ASTM

D-1160, ºF for 50% distilled

Temperature spread for 10%

Max 80

Max 80

Max 80

to 90% distilled

Unsulfonated residue (UR)

Min 92

Min 92

Min 92

by ASTM D-483, % by vol.

Gravity by ASTM

Min 31

Min 33

Min 31

D-287, ºAPI

Pour Point by ASTM D-97, ºF

Max + 20

Max + 20

Max + P20

(3) Labeling.

(a) Any petroleum oil which meets the specifications prescribed in subsection (2), may only use one of the following specification claims: “This product meets the specifications for Florida Citrus Spray Oil FC 435-66,” or “This product meets the specifications for Florida Citrus Spray Oil FC 412-66,” or “This product meets the specifications for Florida Citrus Spray Oil FC 455-88.” Such label claim must be shown conspicuously on the front panel of the label.

(b) Any petroleum oil which does not meet the specifications of either FC 435-66, FC 412-66, or FC 455-88 shall bear no reference to these designations on the label or labeling.

History

• Rulemaking Authority 487.051(2) FS. Law Implemented 487.051(2) FS. History–New 6-24-69, Formerly 5E-2.21, Amended 8-31-88.

Fla. Admin. Code R. 5E-2.022 Storage of Restricted Use Pesticides

Restricted use pesticides shall be stored and maintained in a secure manner, such that they are not easily accessible to unauthorized persons.

History

• Rulemaking Authority 487.042, 487.051, 570.07(23) FS. Law Implemented 487.031(1), 487.031(11), 487.031(12) FS. History–New 1-1-70, Amended 7-1-70, 10-22-70, 2-26-71, 7-1-71, 10-29-71, 2-26-72, 10-26-72, 3-1-73, 11-6-73, 6-28-74, 5-11-75, 12-11-75, 12-2-76, 7-20-78, 3-25-79, 7-22-79, 11-25-79, 10-27-80, 10-18-81, 4-27-83, Formerly 5E-2.22, Amended 2-9-93, 7-18-95.

Fla. Admin. Code R. 5E-2.023 Transportation of Pesticides in Bulk; Definition; Prohibitions; Permit; Termination of Permit; Withdrawal of Permit

History

• Rulemaking Authority 487.042(1), 487.051, 570.07(23) FS. Law Implemented 487.031(1)(b) FS. History‒New 1-1-70, Amended 10-25-74, 10-27-80, Formerly 5E-2.23, Repealed 10-15-92.

Fla. Admin. Code R. 5E-2.024 “Persisent Pesticides”; Defined; Designated by Name; Reports Required

History

• Rulemaking Authority 487.051 FS. Law Implemented 487.021, 487.031 FS. History‒New 10-22-70, Amended 2-26-71, 7-1-71, 10-29-71, 6-15-72, 10-26-72, 11-6-73, 12-11-75, 3-25-79, Formerly 5E-2.24, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.025 Special Local Need Registration

History

• Rulemaking Authority 487.051(4), 570.07(23) FS. Law Implemented 487.041(3) FS. History‒New 4-20-83, Amended 2-20-83, Formerly 5E-2.25, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.026 Suspension of Use of Aldicarb Statewide; Exemptions; Reports of Intended Application of Aldicarb

History

• Rulemaking Authority 487.042(1), 487.051(2)(b), (e), (4), 570.07(23) FS. Law Implemented 487.021(46), 487.042(1), (5), 487.051(2)(b), (e) FS. History‒New 5-8-83, Formerly 5E-2.26, Repealed 7-18-85.

Fla. Admin. Code R. 5E-2.027 Nonagricultural Chemicals Subject to Penalty

The pesticides subject to a penalty when found to be ineffective under the provisions of Section 487.091(3), F.S., shall be only those nonagricultural chemicals making specific antimicrobial label claims of effectiveness on inanimate surfaces against bacteria, fungi, and viruses. This shall include the following classes of antimicrobial products:

(1) Chlorine and chlorine compounds,

(2) Iodine and iodine compounds,

(3) Phenolic compounds,

(4) Bis-phenols,

(5) Salicylanilides and carbanilides,

(6) Alcohols,

(7) Acid-anionic surface-active sanitizers,

(8) Quaternary ammonium disinfectants,

(9) Amphoteric surfactant disinfectants,

(10) Mercurials – inorganic and organic,

(11) Silver and its compounds, and

(12) Any other compound presently registered with antimicrobial claims by the United States Environmental Protection Agency or the department.

History

• Rulemaking Authority 487.051(1)(b), (2), 487.091(3), 570.07(23) FS. Law Implemented 487.051(1)(b), 487.051(2), 487.091(3) FS. History–New 5-25-83, Formerly 5E-2.27, Amended 7-18-95.

Fla. Admin. Code R. 5E-2.028 Restrictions on Use and Sale of Aldicarb; Permit Requirements and Procedures; Department Approval; Records; Penalties

(1) Use and Sale Restrictions. The use of aldicarb in accordance with label directions is authorized statewide, with the following restrictions:

(a) Aldicarb shall be applied only during the time period for which written or electronic authorization has been issued by the department by means of an aldicarb permit.

(b) Aldicarb shall be applied only at sites for which written or electronic authorization has been issued by the department by means of an aldicarb permit.

(c) Experimental use must be authorized by the United States Environmental Protection Agency or the department.

(d) Aldicarb shall not be applied within 300 feet of any well in this state, with the exception of wells that meet the provisions of paragraph (1)(f).

(e) Aldicarb shall not be used in Florida citrus on any soil series identified by the USDA Natural Resources Conservation Service as highly permeable well-drained soil within 1,000 feet of any well, with the exception of wells that meet the provisions of paragraph (1)(f) or (1)(g). Soil series which have been identified by the USDA Natural Resources Conservation Service as highly permeable well-drained soil include but are not limited to the following:

Adamsville

Archbold

Astatula

Candler

Cassia

Lake

Neilhurst

Orsino

Palm Beach

Paola

Satellite

St. Lucie

Tavares

(f) Any well that meets the following provisions is exempt from the 300-foot and 1,000-foot setback requirements specified in paragraphs (1)(d) and (1)(e):

1. The well is not used for human consumption;

2. The well has been posted with a conspicuous warning notice stating “not for human consumption”; and

3. If the well is situated on property under different ownership from the property where the aldicarb application is to be made, a signed statement has been obtained from the well owner authorizing the posting of the warning notice specified in subparagraph (1)(f)2.

(g) The 1,000-foot setback requirement in paragraph (1)(e), shall not apply to wells for which the permit applicant has furnished the department well construction documentation confirming that the well is continuously cased to a depth of at least 100 feet below ground surface or at least to a minimum depth of 30 feet below the top of the shallowest water-producing zone recognized at the time of well construction. Well construction documentation shall consist of either a copy of the well completion report issued by the appropriate water management district or a statement certified as to accuracy by a Florida-licensed well contractor. Effective July 1, 2007, the well completion report or statement certified by a Florida-licensed well contractor must contain the following information: well location; casing depth; static water level at time of well completion if not continuously cased to a depth of 100 feet or greater; and name of water management district or Florida-licensed well contractor that issued the document. Well location must be identified by county, range, township, and section; and, effective July 1, 2007, Global Positioning System (GPS) latitude and longitude coordinates in decimal degrees. Latitude and longitude coordinates must be accurate to a minimum of five places after the decimal and must be in the format of this example: Latitude: 28.45874; Longitude: -82.08945.

(h) Warning notices specified in subparagraph (1)(f)2., shall remain in place subsequent to the aldicarb application until sampling and analysis of the well water performed or approved by the department indicate an aldicarb residue level in compliance with the standards established by the Florida Department of Environmental Protection in Chapter 62-550, F.A.C.

(i) Citrus grove use is limited to one application per tree per use season. For purposes of this rule, the citrus use season is defined as the period November 15 – April 30. Application shall not exceed the rate of 5 pounds active ingredient or 33 pounds of 15G formulation per acre.

(j) Any drinking water well found to contain aldicarb residues in excess of the standards established by the Florida Department of Environmental Protection in Chapter 62-550, F.A.C., shall have further use of the chemical within 1,000 feet of the well suspended immediately. The suspension shall remain in effect until the well has undergone remedial treatment in a manner acceptable to the department or until subsequent sampling and analyses of the well water performed or approved by the department indicate residue levels in compliance with standards established by the Florida Department of Environmental Protection.

(k) Sales documents from any person selling or distributing aldicarb in Florida shall state: “For use only as authorized by Rule 5E-2.028, F.A.C.”

(2) Permit Requirements and Procedures.

(a) Prior to applying aldicarb in this state, the licensed applicator shall obtain a permit to apply aldicarb in Florida. Permits may be obtained by filing an application for permit with the department and meeting all permit requirements. Applications shall be filed either electronically on the web site http://www.flpesticidepermits.org or in hard copy by delivery of a completed Application for Permit to Apply Aldicarb (Temik), Form DACS-13317, Rev. 06/08, to the address listed on the form. For the purposes of this rule, filing means received by the department. Licensed pesticide applicators may obtain a username and password to use the electronic filing process by submitting a completed Request for Username and Password for Electronic Temik Permit Application, Form DACS-13356, Rev. 04/08, to the address listed on the form.

(b) Each application site shall be listed on a separate permit application. Application sites situated in more than one township, range, and/or section must be submitted as multiple sites, with each site identified as one entry with a distinct township, range, and section.

(c) Each application site must be identified with county, range, township, and section; and, effective July 1, 2007, indication on a section diagram of all 1/4 of 1/4 sections in which any part of the application site is situated.

(d) With the exception of non-drinking wells that meet the provisions of paragraph (1)(f), well location must be provided for each well that determines an application setback at the application site based on the requirements of paragraph (1)(d) or (1)(e). Well location does not need to be provided for any well that meets the provisions of paragraph (1)(f), but the number of such wells within the application site must be provided. Well location must be identified by county, range, township, and section; and, effective July 1, 2007, Global Positioning System (GPS) latitude and longitude coordinates in decimal degrees. Latitude and longitude coordinates must be accurate to a minimum of five places after the decimal and must be in the format of this example: Latitude: 28.45874; Longitude: -82.08945.

(3) Forms.

(a) Form DACS-13317, Rev. 06/08, Application for Permit to Apply Aldicarb (Temik), hereby adopted and incorporated by reference, may be obtained from the web site http://www.doacs.state.fl.us/onestop/aes/temik.html or from the Pesticide Certification Section, Florida Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399; telephone (850)488-3314.

(b) Form DACS-13356, Rev. 04/08, Request for Username and Password for Electronic Temik Permit Application, hereby adopted and incorporated by reference, may be obtained from the web site http://www.doacs.state.fl.us/onestop/aes/temik.html or from the Pesticide Certification Section, Florida Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399; telephone (850)488-3314.

(4) Department Authorization.

(a) No person shall apply aldicarb in this state unless written or electronic authorization has been issued by the department by means of an aldicarb permit.

(b) No person shall apply aldicarb in this state to any site until an aldicarb permit has been approved for that site.

(c) The department shall designate on the permit the time period during which aldicarb is approved for application. The time period authorized for application shall not exceed six (6) months.

(d) Department authorization is not transferable.

(e) The department shall deny permit applications that list application sites in areas determined by the department to be unsuitable for aldicarb application. Areas unsuitable for aldicarb application are those geographic areas in which potable well water sampling has revealed a pattern of detections of aldicarb or aldicarb residues at concentrations exceeding water quality standards established by the Florida Department of Environmental Protection in Chapter 62-550, F.A.C. Petitions for the reversal of determinations of unsuitability for aldicarb application shall be submitted to the department for review and consideration. In reviewing such petitions, the department shall evaluate the adequacy of documentation submitted by the petitioner to demonstrate that proposed reintroduction of aldicarb use would not result in water quality violations in potable wells in the area. Pending approval of the submitted documentation, the department shall require the petitioner to provide written permission to reverse the unsuitability determination from all property owners affected by the proposed change.

(5) Records. Each applicator shall maintain a copy of all aldicarb permits approved by the department for that applicator, including all attachments, for a minimum of 2 years. These records shall be made available upon request by an authorized representative of the department. For permit approvals issued to the applicator via the web site http://www.flpesticidepermits.org, upon request by an authorized representative of the department, the applicator must either provide a printed copy of the permit information from the web site or make the permit information available by computer screen for review and printing by the department representative.

(6) Penalties. The use, sale, distribution or application of aldicarb by any person in a manner inconsistent with the provisions of this rule is a violation of Chapter 487, F.S., and subject to the penalties described therein.

History

• Rulemaking Authority 487.042, 487.051, 570.07(23) FS. Law Implemented 487.051, 487.160 FS. History–New 1-1-84, Amended 4-8-84, 5-8-85, Formerly 5E-2.28, Amended 2-9-93, 7-18-95, 9-21-98, 3-28-02, 11-8-06, 9-18-08.

Fla. Admin. Code R. 5E-2.029 Suspension of ethylene Dibromide (EDB)

History

• Rulemaking Authority 487.051(2)(b), (e), (4), 570.07(23) FS. Law Implemented 487.051(2)(b), (e), (4) FS. History‒New 12-19-83, Formerly 5E-2.29, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.030 Antisyphon Requirements for Irrigation Systems

History

• Rulemaking Authority 487.064(3), 570.07(23) FS. Law Implemented 487.064, 487.091(2) FS. History‒New 10-31-84, Formerly 5E-2.30, Amended 7-19-88, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.031 Pesticide Registration; Exemptions from Registration; Experimental Use Permits

(1) For each application for any new, amended, or renewed pesticide registration, the department may require, in support of registration for sale and use in the State of Florida, summaries of data from pesticide efficacy studies and submission of scientific evidence that the pesticide will not cause any unreasonable adverse effects on public health or the environment.

(a) Material submitted to the department considered by the registrant to contain trade secrets or to be confidential shall be clearly marked “confidential” by the applicant or registrant. Confidential material shall not be distributed to any persons other than those specified by Chapter 487, F.S. Public disclosure of confidential data by any person to whom the data has been distributed shall be unlawful as provided in Section 487.031(5), F.S.

(b) Data considered confidential property of another registrant or manufacturer may be cited in an application to the department if written permission has been obtained from that registrant or manufacturer and is submitted to the department with the application.

(c) The department, upon finding that an applicant or registrant has withheld results or has submitted false or inaccurate data which precludes the department’s ability to conduct valid risk assessments, shall initiate action to deny, cancel, or suspend registration pursuant to Section 487.041, and Chapter 120, F.S.

(d) Those registrants whose end-use product must be registered in Florida pursuant to Section 487.041(1), F.S., but which do not manufacture the federally registered basic technical grade material shall comply with the data requirements of this rule only as it pertains to the end-use product. Such registrants shall request the manufacturer supplying the basic technical grade material to provide the department with required data as it pertains to the technical grade material.

(e) The department will waive specific data requirement provisions of this rule for registration of products for which such data requirements are not pertinent to risk assessment procedures or for those applications for registration for which the department possesses a sufficient data base. The United States Environmental Protection Agency (EPA) “exclusive use of data” provisions of Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), September 28, 2012, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04758 shall be recognized.

(2) Applications for Registration.

(a) Applications for Registration shall contain necessary scientific evidence in the form of data summaries accurately reflecting all scientific documents submitted to the U.S. Environmental Protection Agency (EPA) in support of federal registration under Section 3, FIFRA as adopted in paragraph (1)(e) of this rule.

(b) Upon determination that submitted data summaries are inadequate to complete public health and environmental assessments, the department shall require applicants or registrants to submit or generate additional data, as specified by the department, and by methods approved by the department. For standard tests, methods shall be those approved by the EPA in 40 CFR 158, July 1, 2020, which is incorporated by reference herein at http://www.flrules.org/Gateway/reference.asp?No=Ref-13809.

(3) Review of applications for registration shall consider, where applicable, criteria in the data summaries including:

(a) Product chemistry data, which shall provide information regarding key chemical properties that may influence a pesticide’s relative susceptibility to leaching into groundwater and its relative stability in groundwater, shall describe the parent compound, degradation products, contaminants and impurities of toxicological concern. Chemistry data shall include but is not limited to: water solubility, vapor pressure, and soil partition coefficient based on organic carbon (Koc) and octanol/water (Kow). The product material safety data sheet and confidential statement of formula shall also be included. Formulators shall declare, on their submitted confidential statement of formula, the name(s) of the manufacturer(s) supplying the basic technical grade material for their end-use products and the EPA registration number for each technical grade material.

(b) Toxicological data, which shall provide information for human risk assessment and for environmental impact assessment of the pesticide on non-target organisms (plants, wildlife, aquatic and soil organisms). Toxicological data shall describe effects of the parent compound and degradation products, contaminants and impurities of toxicological concern.

(c) Environmental fate data, which shall describe the pesticide’s behavior under Florida conditions or under laboratory or field protocol which adequately represents and reflects actual Florida hydrogeologic conditions. Environmental chemistry data shall include, information regarding physical and chemical degradation, metabolic transformation, persistence (half-life), bioaccumulation potential, and mobility of the pesticide. Degradation and metabolism data shall describe the behavior of the parent compound and degradation products, contaminants and impurities of toxicological concern in soil and water, under aerobic and anaerobic conditions.

(d) Residue chemistry data which describes pesticide residues detected in or on applicable crops, processed foods and animal feed in accordance with the provisions of 40 CFR 158, as adopted in paragraph (2)(b) of this rule. Registrants shall, where applicable, submit methodology for determination of residues in soil and water (groundwater). Analytical methodology provided by the applicant for determination of residues must be acceptable to the department.

(e) Worker/applicator safety data, which shall provide evidence that use of the pesticide in accordance with the label does not pose any unreasonable risk to applicators or agricultural workers exposed to treated areas or commodities.

(4) The department shall consider data from authoritative sources in making determinations regarding a pesticide’s impact on public health and the environment. “Authoritative sources” include pesticide experts in the United States (U.S.) Environmental Protection Agency’s Office of Pesticide Programs, U.S. Fish and Wildlife Services, U.S. Food and Drug Administration, Centers for Disease Control and Prevention, pesticide registrants, the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the Florida Department of Health, the University of Florida’s Institute of Food and Agricultural Sciences, the Florida Fruit and Vegetable Association, the Florida Fertilizer and Agricultural Association, and the University of Florida’s County Extension Offices. Within the department, the Bureau of Scientific Evaluation and Technical Assistance shall identify those areas of concern for which further testing is needed.

(a) In those cases in which data are not available and require substantial time to generate (e.g., chronic toxicity data), the department shall either deny or conditionally approve registration pending generation of said data by the applicant, registrant or other sources, pursuant to paragraph (6)(c) of this rule. At such time as data become available, the department shall reevaluate any conditional registrations to which said data may pertain.

(b) When it is determined by the department that it is necessary that the applicant or registrant conduct Florida field testing of a restricted-use pesticide, that applicant or registrant shall apply to the department for an Experimental Use Permit. During the period of experimentation, the department may deny, revoke, suspend or conditionally accept the registration.

(5) The department shall subject applications for registration to timely review and evaluation. Upon notification of the applicant or registrant by the Bureau of Pesticides of additional data requests, pursuant to Section 120.60(2), F.S., the department shall specify the amount of time that will be provided for response to the request. If, upon expiration of the time allocated for response, the department has not received a complete written response from the applicant or registrant, the department may deny, cancel or suspend registration, or for good cause as demonstrated by the applicant or registrant, grant an extension to the time allocated to submit the requested data.

(6) The department, upon preliminary review of application data shall promptly register products accepted by the EPA under FIFRA, Section 3, as adopted in paragraph (1)(e) of this rule, provided submitted data are adequate to address Florida-specific concerns. The Bureau of Scientific Evaluation and Technical Assistance, within 90 days of receipt of complete data summaries, shall:

(a) Fully approve the registration; or

(b) Conditionally register the product subject to generation and submission of data designated by the Bureau of Scientific Evaluation and Technical Assistance within the department or require that certain restrictions or limitations be placed on the use or sale of the pesticide in Florida. Such restrictions or limitations shall be described to the applicant or registrant by the department as part of this notification; or

(c) Notify the applicant or registrant of intent to deny registration, and the basis for denial, pursuant to Chapter 120, F.S.

(7) In cases where the department determines that restrictions, limitations, or conditions attached to registration are warranted, such restrictions, limitations or conditions shall be accomplished.

(a) By label: registrants may list restrictions, limitations or conditions as pertains to Florida on the product label; or

(b) By rule: restrictions, limitations or conditions may be promulgated into rules of the department which regulate the sale and use of the product. Registrants shall cooperate with the department to disseminate the contents of those rules which apply to their product.

(8) If during the registration process, or at any time after full or conditional registration is accepted, the registrant determines that there is preliminary or conclusive scientific evidence of any adverse effects or risk to public health or the environment from use of the pesticide, the registrant shall immediately submit to the department the data and conclusions made by the registrant with respect to said evidence.

(9) The department may, at any time, review and evaluate any registered pesticide, if new information is made available which indicates that use of a pesticide has caused or may cause any unreasonable adverse effect on public health or the environment. Such review and evaluation may result in revocation, cancellation or suspension of a pesticide registration, if risk assessment procedures deem such actions appropriate.

(10) As a result of review of a registered pesticide or application for registration, the department may require that the applicant or registrant design a groundwater and/or surface water and soil monitoring program which will monitor pesticide use locations for groundwater and/or surface water contamination, and accumulation of soil residues. Such monitoring programs shall be designed and implemented in coordination with appropriate state agencies.

(11)(a) Applicants for new or amended pesticide brand registration may submit electronically an application and any pesticide registration fees, including late fees via the Department’s online payment website at www.FDACS.gov. An applicant will be required to submit online at this website the following information for registration of a new or amended pesticide product brand: the name of the applicant, including whether it is a division or subsidiary and if so, the name of the parent company; the business mailing address and business street address of the applicant; the name of the primary contact person for the applicant and contact information, including email address, telephone number and fax number; the product name and the EPA/Florida number; the registration type; the signal word for the product; and the registration year. Upon completion of this transaction, a confirmation of payment letter shall be e-mailed to RTS@FDACS.gov or mailed to the Florida Department of Agriculture and Consumer Services, Bureau of Scientific Evaluation and Technical Assistance, 3125 Conner Boulevard, Building 6, MS #L6, Tallahassee, Florida 32399-1650 together with the following documents:

1. One final printed label (that which appears on the product container);

2. One EPA stamped accepted label including a copy of any EPA comment, notification and amendment letter(s) issued in connection with acceptance of the label;

3. One Safety Data Sheet (SDS) as defined in Section 487.2031, F.S., which includes a statement of emergency treatment;

4. For sub-registrations, the information required in subparagraph 2., above, must be obtained from or submitted by the manufacturer along with the EPA form entitled, “Notice of Supplemental Distribution of a Registered Pesticide Product” EPA Form 8570-5, (Rev. 8-94), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04759.

(b) Applicants for new or amended pesticide brand registration shall submit a completed Application for New or Amended Pesticide Product Brand Registration Form (FDACS 13342, Rev. 8/20), https://www.flrules.org/Gateway/reference.asp?No=Ref-13810 if not utilizing the Department’s online payment website. The applicant will be required to submit the same documents set forth in paragraph (11)(a) of this rule as an applicant for a new or amended product brand registration.

(c) Applicants for pesticide brand product re-registration may submit electronically an application for re-registration via the Department’s online payment website at www.FDACS.gov. The applicant will be required to submit the same information online set forth in paragraph (11)(a) of this rule, as an applicant for a new or amended product brand registration.

History

• Rulemaking Authority 487.041, 487.051, 570.07(23) FS. Law Implemented 487.041, 487.042, 487.051 FS. History–New 2-20-85, Formerly 5E-2.31, Amended 8-2-89, 7-18-95, 8-26-10, 11-30-14, 11-3-21.

Fla. Admin. Code R. 5E-2.0311 Performance Standards and Acceptable Test Conditions for Preventive Termite Treatments for New Construction

(1) Performance standards for preventive termite treatments for new construction. The registrant of any pesticide product containing a label statement that includes directions for use as a preventive treatment for subterranean termites for new construction shall provide data to the Department demonstrating that the product meets the performance standard specified for the type of pesticide product listed below. For products registered prior to the effective date of the rule, the registrant shall have one year from the effective date of the rule to provide the data required to meet the performance standards or the period of time specified to meet the test conditions herein, whichever is greater. When data generation requires more than one (1) year, the registrant shall provide annual reports to the Department. In the event that a performance standard is not met during the test period, the provisions of Section 487.041(4)(e), F.S., shall apply.

(a) For soil applied residual treatments:

1. In field plot tests, subterranean termite damage to wood in the test must equal a rating of 9 or higher under the Standard Test Method of Evaluating Wood Preservatives by field tests with stakes, 1996, ASTM D1758-96 scale (available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania, USA 19428-2959), in at least 90% of test samples for a minimum of five years. For products registered before the effective date of this rule, the test must equal a scale rating of 1 or better using the United States Department of Agriculture Forest Service wood damage rating scale, (modified from Verrall, A.F. 1959. Preservative moisture-repellent treatments for wooden packing boxes. For. Prod. J. 9: 1-22, available from Wood Products Insect Research Unit, 201 Lincoln Green, Starkville, MS 39759) or an ASTM scale rating of 9 or higher using ASTM D1758-96 in at least 90% of test samples for a minimum of five years.

2. In field plot tests, if the data meets the conditions of subparagraph (1)(a)1., above, then the product tested shall be considered to meet the requirement that it protects the structure and its contents from subterranean termite damage.

3. For products with label directions that allow preventative treatments for new construction other than complete coverage under a foundation, the product shall meet the performance standard specified in subparagraph (1)(d)2., and data provided to demonstrate that the performance standard was met shall be developed in accordance with paragraph (2)(c).

(b) For products formulated for use in stand-alone bait systems:

1. General. Formulated bait products submitted for registration after the effective date of this rule must be tested in field plot tests and building tests that meet the acceptable test condition requirements of paragraph (2)(b), below, and must meet the performance standards for field plot tests specified in subparagraph (1)(b)2., below, and for building tests specified in either subparagraphs (1)(b)3. or (1)(b)4., below. For products registered prior to the effective date of this rule, formulated bait products must be tested in building tests that meet the requirements of paragraph (2)(b), and must meet the performance standards in either subparagraphs (1)(b)3. or (1)(b)4., below, to be re-registered. For products registered after the effective date of the rule, the Department shall not grant permission in Florida for a building test until subparagraph (1)(b)2., below is met.

2. Field plot tests. Field plot tests must reduce each baited termite population by a minimum of 50% or reduce wood consumption by a minimum of 50% in at least 75% of baited population colonies within 12 months of initiation of feeding on bait active ingredient; and the minimum required reduction must be maintained for at least 6 months.

3. Building Tests with Existing Infestation. Building tests with existing infestation of the building by subterranean termites must show:

a. Independent Monitors. At least a 90% reduction of termite activity in at least 90% of the test buildings where independent monitors are used as measured by independent monitoring of termite populations within 12 months after initiation of feeding on a formulated bait; and

b. Building Monitoring. The cessation of the live termite activity in at least 90% of the test buildings within twelve months after initiation of feeding on the formulated bait and:

(I) No re-infestation may occur within two years as verified by visual inspection, or

(II) No re-infestation may occur within 12 months as verified by the use of a combination of research and visual inspection techniques to delineate the location of infestation such as bath trap inspection ports, moisture meters, acoustic detection, chemical detection, microwave technology, canine detection, fiber optics or infrared technology, or

(III) For building tests conducted prior to the effective date of the rule, verification of no re-infestation within 12 months using a combination of the techniques set forth in sub-sub-subparagraph (1)(b)3.b.(II), above, is sufficient.

4. Building Tests with No Existing Infestation. Building tests where all buildings used in the test had no existing infestation but demonstrated termite activity within 10 feet from the structure, must show:

a. Independent Monitors. At least a 90% reduction of termite activity in at least 90% of the test buildings as measured by independent monitoring of termite populations within 12 months after initiation of feeding on a formulated bait; and

b. Building Monitoring.

(I) No infestation can occur in a minimum of 90% of test buildings within three years of initiation of feeding on baiting system, or

(II) Within 12 months if a 100% reduction of termite activity in the independent monitors at a minimum of 90% of the test buildings within 12 months after initiation of feeding on a formulated bait as documented using termite population delineation techniques such as mark/recapture, DNA analysis or cuticular hydrocarbon analysis and, no infestation in at least 98% of the test buildings is verified using a combination of research and visual inspection techniques to delineate the location of infestation such as bath trap inspection ports, moisture meters, acoustic detection, chemical detection, microwave technology, canine detection, fiber optics or infrared technology for 12 months after the elimination of the population.

(c) For pesticides applied to wood.

1. Field plot tests and building tests must be conducted.

2. In field plot tests, subterranean termite damage to both treated and untreated wood in the test must equal a rating of 9 or higher under the Standard Test Method of Evaluating Wood Preservatives by field tests with stakes, 1996, ASTM D1758-96 scale (available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania, USA 19428-2959), in at least 90% of test samples for a minimum of five years. For products registered before the effective date of this rule, the test must equal the USDA Forest Service scale rating of 1 or better using the United States Department of Agriculture Forest Service wood damage rating scale, (modified from Verrall, A.F. 1959. Preservative moisture-repellent treatments for wooden packing boxes. For. Prod. J. 9: 1-22, available from Wood Products Insect Research Unit, 201 Lincoln Green, Starkville, MS 39759) or a ASTM scale rating of 9 or higher using ASTM D1758-96 in at least 90% of test samples for a minimum of five years.

3. Building tests must show no infestation in a minimum of 90% of buildings in the test within five years of the treatment.

(d) For systems that use combinations of pesticides or application techniques otherwise not covered by sections above:

1. Systems registered after the date of the rule claiming to protect structures by affecting termite populations shall conduct field plot tests and building tests as specified in paragraph (2)(b), below, and shall meet the performance standard for baits in field plot tests subparagraph (1)(b)2., and building tests subparagraphs (1)(b)3. or (1)(b)4., above. Systems registered prior to the effective date of the rule claiming to protect structures by affecting termite populations shall conduct the building tests as specified in paragraph (2)(b), below, and shall meet the performance standards in subparagraphs (1)(b)3. or (1)(b)4., above.

2. Building tests must be conducted for all products other than those in subparagraph (1)(d)1., above. Building tests must show no infestation in at least 90% of buildings in the test within five years of treatment

(2) Acceptable test conditions for preventive termite treatments for new construction. Acceptable test conditions for the development of data showing that the product meets the performance standard shall be as specified for the type of pesticide listed below:

(a) For soil applied residual treatments:

1. Field plot tests shall be conducted in conditions which approximate Florida conditions with respect to rainfall, temperature, soil types and termite species.

2. Field plot tests shall be conducted with at least ten replications of the treatment tested. If more replications have been used, the results of all the replications shall be reported.

3. Wood used in the tests shall not be treated to resist termite attack or shall not be wood resistant to termites as defined in Section 2304.1.1.1 of the Florida Building Code (2001 Edition, available from the Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399).

4. Field plot tests data shall be collected from tests:

a. Accepted by the United States Environmental Protection Agency (USEPA) as in compliance with USEPA’s Product Performance Testing Guidelines for Structural Treatments (OPPTS 810.3600, EPA 712-C-98-424, March 1998, available from US EPA Office of Prevention, Pesticides, and Toxic Substances, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460); or

b. Conducted by the United States Department of Agriculture/Forest Service using the concrete slab method in their soil residual treatment testing protocol published February 11, 1994, RWU-4502-2-1994, available from the Wood Products Insect Research Unit, 201 Lincoln Green, Starkville, MS 39759; or

c. Conducted in accordance with Department approved protocols.

(b) For Stand-Alone Bait Systems:

1. Field plot tests evaluate the effect of the bait active ingredient on the population of termites. The existence of foraging population and feeding activity must be demonstrated prior to the introduction of the bait active ingredient. Field plot tests must evaluate a minimum of three (3) separate baited termite colonies and one (1) un-baited termite colony. Effect on foraging activity can be quantified by measuring consumption of foraging monitors, estimation of population size by mark/recapture techniques, or numbers of termite attacks on monitors.

2. Field plot tests and building tests shall be conducted in conditions which approximate Florida conditions with respect to rainfall, temperature, soil types and termite species.

3. For building tests conducted after the effective date of the rule, 10% of buildings with known existing infestations of subterranean termites or 10% of buildings known not to have existing infestations of subterranean termites, or ten (10) sites of each type (whichever is greater) must use independent monitors deployed in the same manner as the bait to quantify termite activity. A minimum of twenty (20) building tests must be conducted. Termite activity can be measured as wood consumption in the independent monitors, numbers of termite attacks on independent monitors, a population estimate using mark/recapture techniques, DNA analysis, or cuticular hydrocarbon analysis.

4. For all building tests initiated after the effective date of the rule, tests shall be conducted on buildings which have not been treated with a soil applied residual treatment within 5 years of the initiation of tests.

5. For building tests conducted prior to the effective date of the rule:

a. Building Tests with Existing Infestation. For building tests with existing infestation, 20% of buildings in the data set provided to the Department must have records for a minimum of two years of monitoring termite activity after the initiation of termite feeding on the formulated bait; or monitoring using a combination of research and visual inspection techniques to delineate the location of infestation such as bath trap inspection ports, moisture meters, acoustic detection, chemical detection, microwave technology, canine detection, fiber optics or infrared technology, for a minimum of 12 months after the initiation of feeding on the formulated bait.

b. Building Tests with No Existing Infestation. For building tests with no existing infestation, 20% of buildings in the data set provided to the Department must have either:

(I) Records for a minimum of three years of monitoring of termite activity after the initiation of termite feeding on formulated bait; or

(II) Records using termite population delineation techniques such as mark/recapture, DNA analysis or cuticular hydrocarbon analysis for a minimum of 12 months after initiation of feeding on a formulated bait and monitoring using a combination of research and visual inspection techniques to delineate the location of infestation such as bath trap inspection ports, moisture meters, acoustic detection, chemical detection, microwave technology, canine detection, fiber optics or infrared technology, for a minimum of 12 months after the initiation of feeding on the formulated bait.

6. For tests conducted after the effective date of the rule:

a. Building tests with existing infestations must be documented with collection of termites from the test site and preservation for identification.

b. Building test inspections must include a combination of visual and research inspection methods including bath trap inspection ports, moisture meters, acoustic detection, chemical detection, microwave technology, canine detection, fiber optics or infrared technology.

c. Data from field plot and building tests must be developed under Good Laboratory Practices Standards (40 CFR Part 160, revised 2001), a United States Environmental Protection Agency quality assurance agreement, or using a Department approved protocol.

7. Building tests must use the bait as formulated for registration and must follow directions for use on the registered label or the label proposed for registration.

(c) For pesticides applied to wood:

1. Field plot tests and building tests shall have been conducted in conditions which approximate Florida conditions with respect to rainfall, temperature, soil types and termite species.

2. Field plot tests shall have been conducted with at least ten (10) replications of the treatment tested. If more replications have been used, the results of all the replications shall have been reported.

3. Field plot tests shall include at least one untreated control for each ten (10) replications.

4. Wood used in building and field plot tests that is treated shall be treated in accordance with the directions for use on the registered label or label proposed for registration.

5. Wood used in the tests shall be a species commonly used in wood frame construction in Florida.

6. For field plot tests, test units shall incorporate untreated wood placed on top of the treated wood to demonstrate that the treatment will protect untreated building components from attack by subterranean termites that require ground-soil contact.

7. For building tests conducted after the effective date of the rule, building test inspections must include bath trap inspection ports, moisture meters, acoustic detection, chemical detection, microwave technology, canine detection, fiber optics, or infrared technology.

8. Field plot tests or building test data shall be collected from tests:

a. Accepted by the United States Environmental Protection Agency (USEPA) as in compliance with USEPA’s Product Performance Test Guidelines for Structural Treatments (OPPTS 810.3600, EPA 712-C-98-424, March 1998, available from US EPA Office of Prevention, Pesticides, and Toxic Substances, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460); or

b. Conducted in accordance with Department approved protocols.

9. Building tests prior to the date of the rule, shall be on a minimum of twenty-five (25) buildings with wood framed exterior walls and treatment shall have been applied according to the label or proposed label directions for use with documented annual inspections.

10. Building tests after the date of the rule shall be on a minimum of twenty-five (25) buildings with wood framed exterior walls and a minimum of ten (10) of the buildings shall have demonstrated termite activity within ten (10) feet of the structure, and treatment shall be applied according to the label or proposed label directions for use.

(d) For systems that use combinations of pesticides or application techniques otherwise not covered by sections above:

1. Systems registered after the date of the rule claiming to protect structures by affecting termite populations shall conduct field plot tests and building tests that meet the acceptable test conditions specified in paragraph (2)(b), above.

2. Systems registered prior to the effective date of the rule claiming to protect structures by affecting termite populations shall conduct building tests that meet the acceptable test conditions specified in paragraph (2)(b), above.

3. All other systems shall meet the acceptable test conditions specified in paragraph (2)(c), above.

(3) Department review of data submissions.

(a) Publication of Results. The Department shall publish the results of its review of data submitted to comply with this rule within 90 days of receipt of a complete set of data developed under the acceptable test conditions established in subsection (2), above. When the Department determines that the product tested does not meet the performance standard in subsection (1), the data submitter will be allowed 90 days to provide supplemental data and data interpretations for the Department’s consideration. The Department shall review an earlier determination of failure to meet product performance standards based on this supplemental data only if additional data meets the conditions of subsection (2), above, or shall review an earlier determination based on a data interpretation only if that interpretation demonstrates that the data developed under subsection (2), above, meets the performance standards established in subsection (1), above.

(b) Data from field plot tests or building tests conducted prior to the effective date of the rule. Data from field plot tests or building tests conducted prior to the effective date of the rule shall be acceptable for review by the Department if any of the following conditions are met:

1. Data and results reported are from all field plots or buildings in a study conducted in accordance with acceptable test conditions; or

2. Data and results reported are a subset of field plots or buildings with acceptable test conditions from the entire data set where all plots or buildings met acceptable test conditions, provided data were selected in a statistically random manner from the entire data set, represent a minimum of fifty (50) sites, and the method used for selection is reported and documented; or

3. Data and results reported are from all field plots or buildings with acceptable test conditions, however the entire study included plots or buildings that do not meet acceptable test conditions; or

4. Field plots or buildings reported were selected in a statistically random manner from the set of existing sites for which records that meet the acceptable test conditions requirements of subsection (2), above, exist, and the results of fifty (50) sites are reported, and a description of the statistical method used is included in the data submission. Field plots or buildings reported that are a subset of field plots or buildings with acceptable test conditions from the entire data set where some plots or buildings do not meet acceptable test conditions, providing data were selected in a statistically random manner from the set of existing plots or buildings that meet acceptable conditions, represent a minimum of fifty (50) sites, and method used for selection is reported and documented.

(c) Use of Termiticide efficacy protocol review process. Termiticide efficacy protocol review process for field and building tests shall be reviewed by the Department using the Protocol Review Process for Efficacy Tests of Termiticides for Preventive Treatment for New Construction dated November 13, 2002 and hereby adopted by reference.

(d) Department Publication Following Grant of Registration. Upon granting of a registration, Department will publish the following information:

1. A description of the testing used to evaluate the product’s efficacy, including test locations and who conducted the testing.

2. The results of the efficacy testing relative to the applicable performance standards.

3. Information about which test standards and methods were used to evaluate the registration.

4. Any potential limitations to evaluating product efficacy associated with using this test method and data.

5. Any additional information that would assist the public in evaluating the product’s efficacy.

History

• Rulemaking Authority 487.041(4)(e) FS. Law Implemented 487.041(4)(e) FS. History–New 3-23-03, Amended 12-16-03.

Fla. Admin. Code R. 5E-2.0312 Additional Registration Requirements For Registrants of Structural Fumigants Labeled For Application to Residential Structures

(1) Stewardship Policy. Each registrant of a residential fumigant shall adopt and maintain a written Stewardship Policy applicable to each residential fumigant registered with the department. Registrants must submit a copy of each Stewardship Policy to the department prior to selling or distributing a residential fumigant in the state of Florida and within 30 days of making any changes to the policy. A registrant shall not sell or distribute a residential fumigant to any licensee who has not agreed, in writing, to the Stewardship Policy for the residential fumigant sold or distributed.

(2) The Stewardship Policy shall include the following:

(a) The Permissible Clearance Device(s) that must be utilized by the licensee while performing a fumigation using the registrant’s residential fumigant.

(b) Training requirements. All stewardship training shall be conducted by the registrant or their designated representative including distributors and contractors, for all fumigation employees that perform fumigation using the registrant’s residential fumigant and distributors of the registrant’s residential fumigant. An objective metric to gauge individual knowledge and understanding must be incorporated into the training for both the initial and the annual stewardship training.

1. There shall be an Initial Stewardship Training and an Annual Stewardship Training. All related courses, sessions, and instruction must be identified accordingly.

2. The Initial Stewardship Training shall include:

a. Proper use, handling, and storage of the registrant’s residential fumigant;

b. The proper use and calibration requirements for permissible clearance devices;

c. The proper use of label-required safety equipment including the self contained breathing apparatus;

d. Review of the label, manual, Safety Data Sheets, safety procedures, and Stewardship Policy for the registrant’s residential fumigant;

e. Dosage calculation for the registrant’s residential fumigant;

f. Fumigation good practices and requirements; and,

g. Label-required procedures for fumigation:

(I) Preparation

(II) Sealing

(III) Securing the fumigation site

(IV) Posting at the fumigation site

(V) Introduction of chloropicrin warning agent and sulfuryl fluoride

(VI) Aeration

(VII) Final clearance testing

3. The Annual Stewardship Training shall include:

a. Review of the proper use, handling, and care of safety equipment and permissible clearance devices;

b. Review of labeling and registrant stewardship requirements for worker protection and public safety;

c. Review of any updates to registrant’s residential fumigant labeling;

d. Review of any updates to registrant’s residential fumigant Stewardship Policy; and,

e. Review of and any updates to fumigation good practices and requirements.

(c) Quality assurance reviews (QAR): QARs must be conducted by the registrant or their designated representative at least once per calendar year for each licensee using the registrant’s residential fumigant. The QAR shall include an on-site observation of the licensee’s fumigation employees conducting a structural fumigation using the registrant’s residential fumigant. The QAR may be conducted at different sites and on different fumigation employees of the licensee in order for the registrant to complete subparagraphs 1. and 2.

1. The QAR shall include observations of:

a. Preparation of structure for fumigation;

b. Introduction of chloropicrin and registrant’s residential fumigant;

c. Initiation of aeration and active aeration; and,

d. Final clearance testing.

2. The QAR shall include verification that the following items are at the fumigation site:

a. Two (2) self-contained breathing apparati according to the product label;

b. Secondary locks;

c. Proper signage in accordance with Rule 5E-14.112, F.A.C.;

d. Registrant’s residential fumigant permissible clearance devices;

e. Registrant’s residential fumigant label-required personal protective equipment.

3. The registrant or designated representative must document the date, licensee’s name, fumigation employee(s) observed, phase of fumigation process observed, and registrant representative conducting the QAR. These records shall be maintained for a two-year period from the date of the fumigation and are subject to department inspection.

(d) Probation and Stop Sale. The Stewardship Policy shall include procedures for the issuance of probation or stop sale notices to licensees who use the registrant’s residential fumigant. The Stewardship Policy shall also describe options for corrective actions to be completed by a licensee in the event the registrant places a licensee on probation or issues a stop-sale notice and shall describe how corrective actions shall be determined.

1. The registrant shall place a licensee on probation or issue a stop-sale notice to a licensee if the registrant receives verifiable documentation of an observation by the registrant’s employee or designated representative or a report of an inspection conducted by the department that the licensee has failed to follow critical safety procedures including the proper use of the following as determined by the registrant’s residential fumigant label and rule Chapters 5E-2 and 5E-14, F.A.C.:

a. Chloropicrin;

b. Self-contained breathing apparatus;

c. Permissible clearance devices;

d. Secondary locks and barricades, or

e. Any other safety procedure critical to the protection of workers, bystanders, homeowners, or the public as prescribed by the residential fumigant’s label and rule Chapters 5E-2 and 5E-14, F.A.C.

2. The registrant shall notify in writing, the licensee, all Florida distributors of the registrant’s residential fumigant, and the department of a decision to place a licensee on probation or stop the sale and distribution of a residential fumigant to the licensee, within 15 business days of the registrant receiving confirmation that the licensee has failed to follow a critical safety procedure as outlined in subparagraph (2)(d)1., of this rule.

3. Notification to the department shall be made by utilizing the department’s electronic fumigation notification website, https://aeslicensing.fdacs.gov, or by submitting a completed Registrant Notification of Stewardship Compliance Action (FDACS-13001, 01/17), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07899, or by email to AESCares@FDACS.gov.

4. The registrant shall place a licensee on probation for no less than six months if the licensee fails to follow one or more critical safety procedures as outlined in subparagraph (2)(d)1., of this rule, while using the registrant’s residential fumigant. Probation may be terminated at any time during the probationary period if the licensee completes all corrective actions recommended by the registrant and submits to a QAR in compliance with paragraph (1)(b).

5. The registrant shall issue an extended stop sale and stop the distribution of its residential fumigant to a licensee if within a six-month period, the licensee fails to follow two or more critical safety procedures as outlined in subparagraph (2)(d)1., while using a residential fumigant, or if the licensee fails to follow one or more critical safety procedures while on probation. The registrant shall lift the extended stop-sale only if the licensee completes all corrective actions recommended by the registrant. Once the extended stop-sale is lifted, the registrant can resume the sale and distribution of the registrant’s residential fumigant to the licensee. Upon resuming the sale and distribution of the residential fumigant to the licensee, the registrant shall place the licensee on probation for no less than six months. If the licensee fails to follow at least one critical safety procedure while on probation after the extended stop-sale, the registrant shall notify the department and recommend suspension or revocation of the licensee’s license to perform residential fumigations. The registrant shall re-issue the extended stop-sale notice to the licensee if the department suspends the licensee’s license to perform residential fumigations. The extended stop-sale shall remain in place until the department lifts the suspension.

6. The registrant shall issue a permanent stop-sale notice when the department revokes a licensee’s license to perform residential fumigations.

7. The registrant shall notify all Florida distributors of the registrant’s residential fumigant in writing when probation or a stop-sale is lifted.

(e) The Stewardship Policy shall require licensees to return any unused residential fumigant and all residential fumigant containers to the registrant upon notification of a permanent or extended stop-sale and shall require all Florida distributors of the registrant’s residential fumigant who are no longer contracted by the registrant for distribution of the registrant’s residential fumigant to return any unused residential fumigant and any and all residential fumigant containers to the registrant. At the request of the registrant, a department representative shall be present at the site of the licensee during the removal of the registrant’s residential fumigant containers.

(3) Continuing Educational Approval. Registrants or their designated representatives must apply to the department for Continuing Educational Units (CEU) for all Stewardship Training programs. Registrants are required to use the department’s designated CEU registration program website at https://aeslicensing.fdacs.gov or submit as instructed on the Request for Granting Continuing Education Units (CEUs) For Renewal of Pesticide Applicator Licenses and Certificates, (FDACS- 13326, Rev. 10/13) form which is incorporated by reference in Rule 5E-9.029, F.A.C.

(a) The department shall approve Annual and Initial Stewardship Training programs for the granting of CEUs in fumigation when the Stewardship Training programs meet the criteria set forth in Rule 5E-9.029, F.A.C. Annual Stewardship Training will be allocated one (1) fumigation CEU. Initial Stewardship Training will be allocated two (2) fumigation CEUs. All Stewardship Training programs shall be conducted in-person and must comply with paragraph (2)(b), of this rule.

(b) The department shall be allowed to attend and monitor Stewardship Training courses conducted by the registrant to evaluate whether the training requirements set forth in paragraph (2)(b), of this rule, have been met. Department inspectors shall document their observations using the Stewardship Monitoring Report, FDACS-13003, Rev. 02/26 which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-19191. Department inspectors will also provide a copy of the report to the course provider.

(c) The registrant or designated representative must conduct the Annual Stewardship Training for all licensees who use the registrant’s residential fumigant. Licensees must complete the Annual Stewardship Training by June 1 of each calendar year. Additional Annual Stewardship Training sessions must be conducted for new fumigation employees hired or first assigned to fumigation activities after June 1 of a calendar year. Registrants, or their designated representatives, shall inform licensees who purchase the registrant’s residential fumigant of Annual Stewardship Training in writing by mail or electronic delivery prior to training at a time interval specified by the department’s CEU requirements set forth in Rule 5E-9.029, F.A.C.

(d) The registrant or designated representative must offer initial stewardship training to licensees without previous initial stewardship training for the registrant’s residential fumigant unless the licensee has purchased the registrant’s residential fumigant within the past three years and completed annual training during that three year period. A licensee or any of its fumigation employees required to complete the Initial Stewardship Training will not be eligible to purchase the registrant’s residential fumigant until completion of the Initial Stewardship Training.

(e) A registrant shall maintain for a period of two years a record of attendance using the “Stewardship Program Attendee Form,” (FDACS-13004 01/17) which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07901. The registrant shall make information recorded on this form available for inspection by the department or its authorized representative upon request. The registrant may substitute their own form as long as all of the information required by the Stewardship Program Attendee Form, (FDACS 13004 01/17) is incorporated.

(4) Registrants or their designated representatives shall assist the department, at the department’s request, with removing the registrant’s residential fumigant containers from the possession of licensees who are subject to a stop-use or stop-work order issued by the department pursuant to Rule 5E-14.108, F.A.C.

History

• Rulemaking Authority 487.051 FS. Law Implemented 487.051 FS. History–New 5-7-17, Amended 4-15-26.

Fla. Admin. Code R. 5E-2.032 Exemption from Pesticide Registration Requirement

History

• Rulemaking Authority 487.07(23), 487.051 FS. Law Implemented 487.041, 487.042, 487.043, 487.051, 487.0615 FS. History‒New 2-20-85, Formerly 5E-2.32, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.033 Organo-Auxin Herbicides: Restrictions and Prohibitions

(1) Synthetic organo-auxin herbicides: The synthetic organo-auxin herbicides are defined as herbicides which produce hormonal auxin type effects on plants similar to the effects of 2,4-D. Organo-auxin herbicides include but are not limited to all of the forms of herbicides such as:

(a) 2,4-D,

(b) MCPA,

(c) 2,4-DP, Dichloroprop,

(d) Mecoprop,

(e) Dicamba,

(f) Triclopyr,

(g) 2,4-DB,

(h) Clopyralid,

(i) Fluroxypyr,

(j) Aminopyralid,

(k) Aminocyclopyrachlor,

(l) Quinclorac,

(m) Diflufenzopyr,

(n) Florpyrauxifen-benzyl,

(o) Picloram.

(2) Sale and use of highly volatile forms of organo-auxin herbicides in the state is prohibited except for those products labeled for use as plant growth regulators on citrus. Highly volatile organo-auxin herbicides include the isopropyl, and butyl esters of 2,4-D.

(3) Based upon wind speed and direction at the time of application, the distance which must separate the closest edge of the area to be sprayed from susceptible crops is listed in Table 1. Susceptible crops are defined as commercially produced plants or crops that may be damaged when exposed to low concentrations of organo-auxin herbicides. Examples of susceptible crops are tomatoes, peppers, watermelons, eggplants and ornamental broadleaf plants. Users of organo-auxin products on citrus as plant growth regulators are exempt from the wind speed restrictions below provided they adhere to the restrictions appearing on the product label.

Table 1: Minimum Distance From Susceptible Crops

Wind Speed

Aerial Equipment

Ground Equipment

0 – 3 mph

1/2 mile downwind

1/8 mile downwind

1/2 mile crosswind

1/8 mile crosswind

50 feet upwind

20 feet upwind

3 – 6 mph

1 mile downwind

1/4 mile downwind

1/2 mile crosswind

1/8 mile crosswind

50 feet upwind

5 feet upwind

6 – 10 mph

2 miles downwind

1/2 mile downwind

1/2 mile crosswind

1/4 mile crosswind

50 feet upwind

5 feet upwind

Above 10 mph

Prohibited

Prohibited

Note: “Crosswind” means wind from a direction 90 degrees (±10 degrees) to a line drawn between the proposed treatment site and a susceptible commercial crop site.

(4) Wind speed will be measured at the treatment site. Wind speed measurements will be taken at spray boom height for ground application and at least six feet above the ground for aerial and airblast applications. The measurement site will be located so that structures, plants, or terrain features do not interfere with the accuracy of the reading. Wind direction will be estimated as accurately as possible by the person taking the wind speed readings. The applicator or his representative shall take and record wind speed and direction readings before spraying starts and once every hour during the spraying operation. A reading shall consist of an average of three measurements taken within a five-minute period. These measurements shall be taken by rotating and positioning the anemometer into the wind in such a manner so as to obtain the maximum wind velocity measurement which will be used to calculate the average reading.

(5) Applicators should use appropriate spray nozzles and pressure to minimize the production of droplets with mean volume diameter less than 200 microns. Applications of organo-auxin herbicides on citrus as a plant growth regulator utilizing airblast sprayers are exempt from the requirements of this section.

(6) Persons making spray applications of organo-auxin herbicides or plant growth regulators to cumulative land or water surface areas exceeding 5 acres per 24-hour period, shall maintain the following records for two years:

(a) Name and address of the owner, lessee or tenant in control of the land and the name and address of the applicator.

(b) Location of the site to be treated, location of the mixing and loading area and a description of application equipment used.

(c) Date and time of application.

(d) Trade name, manufacturer, formulation, total amount of product to be applied per acre and the amount of active ingredient of the product applied per acre.

(e) Total acreage and crop or site treated.

(f) Average hourly wind speed and direction.

(g) Nozzle type including gallons per minute rating at specified pressure and angle of spray emission if applicable.

(7) Aerial application of organo-auxin herbicides by fixed wing aircraft from January 1 until May 1 of each year in Hendry, Palm Beach, Glades or Martin counties is prohibited. The use of rotary wing aircraft using Microfoil spray booms or their equivalent for right-of-way and aquatic spray applications is allowed provided the terms of subsections (2), (3), (4), (5), and (6) are met.

(8) Applicators who apply organo-auxin herbicides to aquatic sites will assure that labeled directions are followed if water is used for irrigation.

(9) The ground application of low volatility 2,4-D products registered in the State of Florida for use as a growth regulator on red potatoes in small dosages substantially less than for herbicidal use is not subject to the use regulations and restrictions set forth in subsections (3) and (4) of this rule, provided the product is not applied within 50 feet of susceptible crops, the spray boom height does not exceed 18 inches above the crop canopy and label instructions are followed.

(10) The following application methods are exempt from the above mentioned requirements:

(a) Cut stump, basal bark, hack and squirt or frill and girdle applications.

(b) Granular formulation applications.

(c) Subsurface aquatic applications.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 487.031(10), (13)(e) FS. History–New 2-4-86, Amended 7-10-89, 7-29-04, 9-30-21.

Fla. Admin. Code R. 5E-2.034 Confidential Business Information

History

• Rulemaking Authority 487.043(1), 487.051(2), (4), 570.07(23) FS. Law Implemented 487.031(3), 487.041(3), 487.043(1), 487.0615(2)(b), (d), (e), (g), 487.091(2), (3) FS. History‒New 3-19-86, Repealed 7-18-95.

Fla. Admin. Code R. 5E-2.035 Organotin Antifouling Paints; Restrictions and Prohibitions

(1) Each application for registration of pesticide products containing organotin labeled for use as an antifouling paint must be accompanied by documentation demonstrating that such products do not exceed the long-term average release rate of 4.0 ug (micrograms)/cm2 (square centimeter)/day.

(2) Products exceeding the 4.0 ug/cm2/day rate or for which complete release rate documentation has not been submitted will be denied registration or, in the case of existing registrations, will be subject to registration revocation pursuant to Section 487.041, F.S.

(3) Organotin end-use product registrations which include directions for use as home or commercial paint additives to produce antifouling paints are revoked effective immediately. Registration applications for these products will no longer be accepted.

(4) The use of organotin antifouling paints registered in Florida is prohibited from use on vessels less than 82 feet (25 meters) in deck length unless the vessels are aluminum.

(5) Not later than March 1, 1990, all stocks of organotin antifouling paints in Florida channels of trade must be labeled as restricted use pesticides. Stocks not so labeled will be subject to the penalty provisions contained in Chapter 487, F.S., and must be reclaimed by the registrant in accordance with subsection (8).

(6) Organotin antifouling paints in aerosol cans of 16 ounces avoirdupois weight or less with directions for outboard motor or lower unit use only are exempt from classification and labeling as restricted use pesticides.

(7) As of March 1, 1990, organotin antifouling paints classified as restricted use pesticides may be used only by licensed restricted use pesticide applicators or persons working under the direct supervision of a licensed applicator in accordance with subsection (4). All applicable restrictions and precautions on the product label registered by the Department must be followed. The applicator’s certification and license must be in the category “Organotin Antifouling Paint Pest Control”.

(8) No existing stocks of organotin antifouling paints for which registration is denied or is subject to revocation for failure to meet the data submission or release rate requirements in subsection (1) may be sold, distributed or used in the State except in accordance with Federal Law. No existing stocks of organotin antifouling paints for which registration is denied or is subject to revocation for failure to meet the labeling requirements in subsection (5) may be sold, distributed or used in the State after March 1, 1990. Existing stocks identified to the registrant after this date must be reclaimed by the registrant who, at its own expense, must provide for the proper removal or disposal of the pesticide in accordance with state and federal laws.

History

• Rulemaking Authority 487.051(2), 487.154, 570.07(23) FS. Law Implemented 487.171 (1988 Supp.) FS. History–New 8-2-89.

Fla. Admin. Code R. 5E-2.036 Restrictions on the Use of Methyl Bromide as a Soil Fumigant; Application Equipment Requirements

History

• Rulemaking Authority 487.042, 487.051(1)(b), 487.051(2), 570.07(23) FS. Law Implemented 487.042, 487.051(1)(b), 487.051(2) FS. History–New 1-31-91, Amended 7-18-95, Repealed 6-26-12.

Fla. Admin. Code R. 5E-2.037 Prohibition of Alachlor Use

(1) Effective February 25, 1991, the use of all pesticide products containing alachlor is prohibited within the state.

(2) All products containing alachlor in the possession of any person on or after February 25, 1991, are ordered withheld from use, sale, or further distribution within the state.

(3) This prohibition does not apply to use for experimental or research purposes authorized by the United States Environmental Protection Agency and by this department.

History

• Rulemaking Authority 487.051(1)(b), 570.07(23) FS. Law Implemented 487.051(1)(b), 487.051(2) FS. History–New 2-24-91, Amended 7-18-95.

Fla. Admin. Code R. 5E-2.038 Restrictions on Use of Bromacil in Citrus; Penalties

(1) Definitions. The following definitions shall apply to this rule:

(a) “Available water capacity” means the ability of the soil to hold water available for use by most plants and commonly expressed as inches of water per inch of soil.

(b) “Bedrock” means the solid rock that underlies the soil and other consolidated material or that is exposed at the surface.

(c) “Drainage class” refers to the frequency and duration of periods of saturation or partial saturation during soil formation.

(d) “Poorly drained” means that soil drainage class where water is removed so slowly that the soil is saturated periodically during the growing season or remains wet for long periods.

(e) “Horizon” means a layer of soil, approximately parallel to the surface, having distinct characteristics produced by soil forming processes.

(f) “Permeability” means the quality of the soil that enables water to move through the soil and is measured as the number of inches per hour that water moves through the saturated soil.

(g) “Permeable, better drained soils” means those soils that are in a drainage class where water is removed more rapidly than in poorly drained soils, and have a permeability of six inches per hour or more, and an available water capacity of 0.10 inch per inch of soil or less, in all horizons to a depth of 80 inches or to bedrock if bedrock is within 80 inches of the surface.

(2) Use Restriction. The use of bromacil is prohibited for weed control in non-bedded citrus groves located on any permeable, better drained soil identified in the intended site of application. Permeable, better drained soils which occur in citrus producing areas of the state include soils unnamed and characteristic of quartzipsamments, and the following soil series classifications:

Adamsville

Archbold

Astatula

Bahiahonda

Broward

Canaveral

Candler

Cocoa

Dade

Florahome

Fort Meade

Gainesville

Lake

Lakewood

Neilhurst

Orlando

Orsino

Palm Beach

Paola

Satellite

St. Augustine

St. Lucie

Tavares

(3) Penalties. The use of application of bromacil by any person in a manner inconsistent with the provisions of this rule is a violation of Chapter 487, F.S., and such person shall be subject to the penalty provisions of Section 487.175, F.S.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 487.031(10), 487.031(13)(g), 487.051(1) FS. History–New 2-20-94, Amended 7-18-95.

Fla. Admin. Code R. 5E-2.039 Worker Protection Standard

The worker protection standard for agricultural pesticides as specified in 40 CFR 170, revised as of July 1, 2017, is hereby adopted by reference. Copies of this regulation may be obtained from the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000 or by phone at (202)512-1800; or by contacting the Division of Agricultural Environmental Services, 3125 Conner Blvd., Suite E, Tallahassee, FL 32399, or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09406.

History

• Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.051(2), 487.2041 FS. History–New 4-5-94, Amended 7-18-95, 5-30-18.

Fla. Admin. Code R. 5E-2.040 Pesticide Active Ingredients Subject to Supplemental Registration Fee

History

• Rulemaking Authority 487.041(1)(d), (2), 570.07(23) FS. Law Implemented 487.041(1)(d), (2) FS. History–New 12-15-09, Amended 6-26-12, 4-8-15, Repealed 12-17-17.

Fla. Admin. Code R. 5E-2.041 Materials Incorporated by Reference

The Department will use the following materials in performance of its inspection, sampling, analysis, and enforcement duties prescribed in law. The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Bureau of Inspection and Incident Response, 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650 and are available online as indicated.

(1) Field Advisory Notice (FDACS-13374 Rev. 02/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-02397.

(2) Notification of Claim for Damages from Pesticide Application (FDACS-13375 Rev. 08/12),

http://www.flrules.org/Gateway/reference.asp?No=Ref-02398.

(3) Worker Protection Standard Inspection Form (FDACS-13240 Rev. 01/18),

https://www.flrules.org/Gateway/reference.asp?No=Ref-09407.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 487.031, 487.048, 487.071, 487.081, 487.159, 487.2041, 504.14, 570.07(22), 576.051, 578.11, 580.036 FS. History–New 4-18-13, Amended 5-30-18.

Fla. Admin. Code R. 5E-2.042 Secondary Containment Standards

(1) The standards applicable to secondary containment of containers of dry pesticides and to containment pads of liquid and dry pesticides for pesticide dispensing activities at facilities identified in 40 CFR 165.80(b) (2008) are set forth and specified in 40 CFR 165.3, 165.80(b), 165.81, 165.82, 165.83, 165.85(a), 165.85(b), 165.85(c)(3), (4), 165.85(e), 165.85(f), 165.87(a), 165.87(b), 165.87(c)(2), (3), 165.87(e), 165.87(f), 165.90 and 165.95 (2008).

(2) All federal regulations contained in this rule are hereby adopted and incorporated by reference and may be obtained on the U.S. Government Printing Office’s Website http://www.gpo.gov/fdsys/search/home.action, or from the Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. Charge orders may be telephoned to the Government Printing Office order desk at (202)512-1800.

History

• Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.051(2) FS. History–New 8-3-10.

Fla. Admin. Code R. 5E-2.043 Restrictions for the use of Allyl Isothiocyanate

(1) Any soil fumigant containing allyl isothiocyanate shall be classified as a restricted-use pesticide in Florida pursuant to Section 487.042, F.S.

(2) A Designated Agent, as defined in Rule 5E-2.0105, F.A.C., must be present at the application site during all phases of allyl isothiocyanate soil application.

History

• Rulemaking Authority 487.042, 570.07(23) FS. Law Implemented 487.031(1), 487.042 FS. History–New 4-16-15.

Chapter 5E-3 FEED

Fla. Admin. Code R. 5E-3.001 Brand and Product Names

(1) The brand or product name shall not be misleading. If the name indicates the feed is made for a specific use the character of the feed must conform therewith. A mixture labeled “Dairy feed,” for example, shall be suitable for that purpose.

(2) A name of a nonmedicated feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any component of a mixture unless all components are included in the name.

(3) The word “Vitamin”, or contraction thereof, or any word suggesting “Vitamin”, can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in subsection 5E-3.002(3), F.A.C.

(4) The term “mineralized” shall not be used in the name of a feed except “Trace Mineralized Salt.” When so used, the product shall contain and the label guarantee significant amounts of trace minerals which are recognized as essential for animal nutrition.

(5) When the brand name carries a percentage value it shall be understood to signify protein content. If any other percentage values are used in brand names they shall be followed by the proper description.

(6) The word “protein” shall not be permitted in the product name of a feed that contains added non-protein nitrogen.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.051(1)(c), 580.081, 580.112(9) FS. History–New 12-30-70, Formerly 5E-3.01.

Fla. Admin. Code R. 5E-3.002 Expression of Guarantees

(1) The sliding-scale method of expressing guarantees (for example, Crude Protein 15-18%) is prohibited. Crude protein, crude fat, and crude fiber shall be guaranteed to the closest one tenth percent.

(2) Drugs in commercial feeds shall be guaranteed in terms of percentage by weight except that the antibiotics present at less than 2,000 grams (total) of antibiotics per ton of feed shall be guaranteed in terms of grams per ton of feed or when present at 2,000 grams per ton or more they shall be guaranteed in terms of grams per pound of feed. The term “milligrams per pound” may be used, in addition to the percentage declarations for drugs, including antibiotics, on the label only in those cases where a dosage is given as “milligrams per day” in the feeding directions.

(3) Guarantees of minimum vitamin content of feeds and feed supplements shall be stated in units or milligrams per pound as provided herein, except products in containers of less than one pound may show units or milligrams per ounce; Vitamin E in USP Units, or International Units, Vitamin A, other than precursors of Vitamin A, in USP Units, Vitamin D in products offered for poultry feeding in International Chick Units, Vitamin D for other uses in USP Units, all other vitamins, as true vitamins, not compounds, excepting only pyridoxine hydrochloride, choline chloride, and thiamine; oils and concentrates containing Vitamin A and Vitamin D or both may be additionally labeled to show vitamin content in units per gram; and providing that the term “d-pantothenic acid” be used in stating the pantothenic acid guarantee.

(4) Minerals, except salt (NaCl), when quantitatively guaranteed, shall be stated in terms of percentage of the element.

(5) Liquid feeds, liquid feed supplements and protein blocks shall be guaranteed and labeled to show the minimum percent of crude protein; the maximum percent of equivalent protein from nonprotein nitrogen provided a source is included in the formula; the minimum percent of crude fat provided a source is included; the maximum percent of moisture; the minimum percent of total sugars expressed as invert provided molasses or other source of sugar is used as the base; and the minimum percentages of calcium and phosphorus. Guarantees for other minerals and vitamins when listed as ingredients shall be shown on the label.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.051, 580.081 FS. History–New 12-20-70, Amended 2-12-72, 10-16-74, Formerly 5E-3.02, Amended 6-1-95.

Fla. Admin. Code R. 5E-3.003 Inspection; Sampling; Analysis; Reporting Rejected Feed and Feedstuff; Reduced Sampling Requirements; Laboratory Certification/Exemption Requirements and Fees

(1) Definitions.

(a) The term “lot” means an identifiable quantity of commercial feed of the same brand and analysis which is offered for sale, sold or distributed within the state. Bulk feed and bagged feed, even though the same brand and analysis, in the same shipment, shall be considered separate lots.

(b) The term “core” means the quantity of feed contained in the designated sampling tool when the stream is cut a sufficient number of times to yield approximately one quart or when a single insertion and withdrawal of a probe is made from bagged or bulk feed.

(c) The term “product type” means mixed poultry feed, dairy cow feed, beef cattle feed, horse feed, swine feed, or other feed.

(d) The term “Mixed Feed” means a product which is a mixture of nutritional ingredients intended or represented for use as a substantial source of nutrients in an animal diet, which may or may not be limited to the sole ration of the animal.

(e) The term “Ingredient” means each of the constituent materials used to make a commercial feed.

(f) The term “Other Feed” is inclusive of all other commercial feed products intended for consumption by species of animals not previously stipulated.

(g) The term “Grain or Grain Products” includes Barley, Maize – (Corn Products), Grain Sorghum, Oats, Rice, Rye, Triticale, and Wheat.

(h) The term “Other Feed Ingredients” is inclusive of all ingredients other than Cottonseed Products, Peanut Products, and ingredients identified as “Grain or Grain Products”.

(i) The term “Treats” includes products identified as Snacks, Chews, Biscuits, Cookies, or Bones that are intended for intermittent or supplemental feeding only and which are not intended or represented to serve as the primary source of nutrients in an animal diet.

(j) The term “Mineral or Vitamin Supplement” means all mixtures that contain mineral or vitamin ingredients generally regarded as dietary factors essential for the normal nutrition of animals and that are sold or represented for the primary purpose of supplying these minerals or vitamins as additions to rations in which these same mineral or vitamin factors may be deficient.

(k) The term “expiration date” means the month and year as determined by the manufacturer, packer, or distributor on the basis of tests or other information showing that the product, until that date, under the conditions of handling, storage, preparation, and use per label directions, will contain not less than the quantity of each ingredient as set forth on its label.

(l) The term “Hemp” is defined in Section 581.217(3)(d), F.S.

(m) The term “Hemp extract” is defined in Section 581.217(3)(e), F.S. Hemp extract does not include any material, compound, mixture or preparation that contains any quantity of Synthetic Cannabinoids as defined in Section 893.03(1)(c)190., F.S.

(n) The term “pet food” means any commercial feed prepared and distributed for consumption by dogs or cats.

(o) The term “pet treats” means any treat as defined in paragraph 5E-3.003(1)(i), F.A.C., prepared and distributed for consumption by dogs or cats.

(p) The term “specialty pet” means any animal normally maintained in a household, including, rodents, ornamental birds, ornamental fish, reptiles and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.

(q) The term “specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets.

(r) The term “specialty pet treats” means any treat as defined in paragraph 5E-3.003(1)(i), F.A.C., prepared and distributed for consumption by specialty pets.

(s) The term “total delta-9-tetrahydrocannabinol concentration” means [delta-9-tetrahydrocannabinol] + (0.877 x [tetrahydrocannabinolic acid)].

(2) Inspection.

(a) All commercial feed and feedstuff distributed for use in Florida is subject to inspection by the Department of Agriculture and Consumer Services or its authorized agent at any public or business premises, manufacturing or mixing establishment, and in any vehicle of transport during regular business hours in order to have access to such feeds and records relating to their manufacture, transportation and sale.

(b) Samples shall be collected by the methods and procedures set forth by statute or established and published in the Feed Inspector’s Manual published by the Association of American Feed Control Officials Incorporated (2nd Edition 5/1/00). The Feed Inspector’s Manual published by the Association of American Feed Control Officials Incorporated, (2nd Edition 5/1/00) is incorporated by reference. Copies may be obtained from AAFCO Assistant Secretary-Treasurer, P. O. Box 478, Oxford, IN 47971.

(3) Sample and Analytical Documentation.

(a) All samples obtained and analyzed by the department or by approved certified commercial laboratories, approved Hazard Analysis Critical Control Point Programs and approved quality assurance/quality control programs shall be properly identified by the sampler’s initials and assigned a sample number (13 digit number consisting of the: date, registrant number, sequential number of samples collected on that date for the identified registrant:)

---

---

---

---

---

month

day

year

registrant #

sequential #

and be accompanied by the completed Feed Collection/Analysis Reports (Forms Numbered DACS-13403, 13404, 13405, 13406 or 13407, Rev. 6/01) and any other available pertinent documentation.

(b) Feed Collection/Analysis Reports (Forms DACS-13403, 13404, 13405, 13406 and 13407, Rev. 6/01) are hereby incorporated by reference. Copies may be obtained from Florida Department of Agriculture and Consumer Services, Bureau of Feed, Seed and Fertilizer Laboratories, 3125 Conner Boulevard, Building 7, Tallahassee, FL 32399-1650.

(c) The Feed Collection/Analysis Report Forms shall be properly completed.

(d) Positive drugs and mycotoxin results must be reported within 48 hours of completion of analyses to the department.

(4) Sampling Requirements, Frequency and Analysis Requirements. The sampling period shall run concurrently with the registration period. Samples of commercial feed and feedstuffs shall be submitted quarterly, to laboratories certified by the Department, corresponding to the tonnage reported to the Department. A minimum of one sample shall be submitted by the end of the first quarter of each year. The sampling period ends June 1st of each year. The sampling frequency and analysis requirements to be used by feed registrants are listed below. If the department finds that circumstances exist which threaten the health of commercial livestock or the public, the department shall require additional feed sample analyses.

(a) Ingredients.

1. Nutrients – No analyses required.

2. Mycotoxins.

a. Aflatoxins.

(I) Grain and Grain Products – One sample per 5,000 tons distributed shall have a quantitative analysis performed;

(II) Cottonseed Products – One sample per 2,500 tons shall have a quantitative analysis performed;

(III) Peanut Products – One sample per 500 tons shall have a quantitative analysis performed;

(IV) There will be a minimum of one quantitative analysis performed per year per distributor on the above ingredient types;

(V) No aflatoxin analysis is required on ingredients not listed above.

b. Fumonisin.

(I) Maize – (Corn Products) – One sample per 5,000 tons distributed shall have a quantitative analysis performed;

(II) No fumonisin analysis is required on ingredients not listed above.

c. Vomitoxin.

(I) Grain and grain products (excluding Maize – Corn Products) – One sample per 25,000 tons shall have a quantitative analysis performed;

(II) There will be a minimum of one quantitative analysis performed per year per distributor for grain and grain products (excluding Maize – Corn Products);

(III) No vomitoxin analysis is required on ingredients not listed above.

3. Drugs –

a. The FDA requirements as provided in 21 C.F.R. parts 225, 226 (4/1/01) shall be considered adequate for the purposes of this testing requirement.

b. 21 C.F.R. pts. 225, 226 (4/1/01) are hereby incorporated by reference. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, 732 N. Capitol Street, N. W., Mail Stop SDE, Washington, D.C. 20401.

(b) Mixed Feeds.

1. Nutrients.

a. Protein, fat and fiber analysis shall be performed at a frequency of one per every 750 cumulative tons for all types of feed distributed. If the distributors deficiency rate is 5% or less the sampling frequency shall be reduced to one per every 2,000 tons; If the distributors deficiency rate is greater than 5% but less than 10%, the sampling frequency shall be reduced to one per every 1,000 tons;

b. If the distributors deficiency rate is 20% or greater the sampling frequency shall be increased to one for every 500 tons;

c. Mineral analyses shall be performed at a frequency of one per every 15,000 cumulative tons distributed per year with a minimum of one analysis per year.

d. Treats shall be exempt from nutrient sampling and analysis requirements.

2. Mycotoxins.

a. Aflatoxin analysis shall be performed on all types of mixed feed at a frequency of one for every 25,000 cumulative tons (excluding mineral or vitamin supplements and liquid feed) with a minimum of one per year per distributor. Aflatoxin analysis must be quantitative;

b. Fumonisin analysis shall be performed at a frequency of one per year per distributor for horse feed only;

c. Vomitoxin analysis shall be performed for all types of mixed feed (excluding mineral or vitamin supplements and liquid feed) at a frequency of one per every 50,000 cumulative tons with a minimum of one per year per distributor.

d. Treats shall be exempt from mycotoxin sampling and analysis requirements.

3. Pesticide Residues – No analysis required.

4. Drugs.

a. The FDA requirements as provided in 21 C.F.R. pts. 225, 226 (4/1/01) shall be considered adequate for the purposes of this testing requirement.

b. 21 C.F.R. pts. 225, 226 (4/1/01) are hereby incorporated by reference. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, 732 N. Capitol Street, N. W., Mail Stop #SDE, Washington, D.C. 20401.

(5) Hemp extract in pet food, pet treats, specialty pet food and specialty pet treats.

(a) Hemp extract as defined in Section 581.217(3)(e), F.S. used in pet food, pet treats, specialty pet food and specialty pet treats must be tested and have a certificate of analysis prepared by an independent testing laboratory as required in Section 581.217(7), F.S.

(b) Pet food, pet treats, specialty pet food and specialty pet treat products shall not contain more than 0.3% total delta-9-tetrahydrocannabinol concentration on a dry weight basis.

(c) Pet food, pet treats, specialty pet food and specialty pet treat products having a total delta-9-tetrahydrocannabinol concentration that exceeds 0.3% on a dry weight basis, shall be detained pursuant to Section 580.111, F.S. Those products having a total delta-9-tetrahydrocannabinol concentration that exceeds 0.3% on a dry weight basis which have been detained pursuant to Section 580.111, F.S., shall not be further subdivided or renumbered such that the integrity of the lot for identification is not maintained. The manufacturer or distributor shall not dispose of the pet food, pet treats, specialty pet food and specialty pet treats in any manner until written permission is given by the Department or a court of competent jurisdiction.

(d) Upon receipt of written permission by the Department or a court of competent jurisdiction, the pet food, pet treats, specialty pet food and specialty pet treats shall be disposed of in accordance with the Hemp Waste Disposal Manual FDACS-08115, 10/19, incorporated in paragraph 5B-57.014(6)(b), F.A.C., or in the manner provided for by a court of competent jurisdiction. Upon destruction of the product, the manufacturer or distributor shall notify the Department via Notice of Disposal FDACS-13411, 10/19, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11419.

(6) Reporting of Rejected Feed and Feedstuff.

(a) Shipments of feed that are rejected for use by registrants must be reported to the Feed Inspection Section within 48 hours of analysis via telephone (850)488-7626 or fax (850)488-8498 followed by written confirmation within 5 business days.

(b) Reports of rejected feed must include a description of the feed, name of the feed distributor, amount of feed rejected, destination of the rejected feed, if known, and reason for the rejection.

(7) Requirements for Reduced Sampling and Analysis for Persons with Approved Hazard Analysis Critical Control Point Programs.

(a) Those registrants successfully complying with all criteria established in Section 580.091(3)(a), F.S., shall have their sampling and analysis requirements reduced to 50% of the requirements specified in paragraphs 5E-3.003(4)(a) and (b), F.A.C.

(b) Every registrant that conforms with the Hazard Analysis and Critical Control Point System published by the National Advisory Committee on Microbiological Criteria for Foods shall be deemed in compliance with Section 580.091(3)(a), F.S.

(c) The Hazard Analysis and Critical Control Point System, National Advisory Committee on Microbiological Criteria for Foods, (March 20, 1992), is hereby incorporated by reference. Copies may be obtained from Executive Secretariat, FSIS, Room 3175, South Building, Independence Avenue, S.W., Washington, D.C. 20250.

(d) Registrants that request a reduced frequency of sampling and analysis requirements shall submit a written hazard-analysis-critical-control-point plan to the department. If this plan identifies critical control points and verifies implementation of good management practices, the department shall conduct an onsite evaluation to ensure the performance of the plan. If the onsite evaluation verifies adequate control of the processes identified in the plan and infrequent adulteration or other violations (50% or less), the registrant shall be subject to a 50% reduction in sampling frequency and analysis requirements. The department shall require quarterly reports documenting the continued and appropriate use of good management practices and hazard analysis of critical control points.

(8) Commercial Laboratory Certification; Fees.

(a) Analyses of feed and feedstuff as provided in Chapter 580, F.S., shall be performed by the department, approved certified commercial laboratories and by approved exempt laboratory pursuant to its quality assurance/quality control plans.

(b) Certified commercial laboratories performing analytical work shall ensure performance of those analyses in the categories for which they have been certified. Certified commercial laboratories that subcontract analytical work to another laboratory must establish that the contracted laboratory has been certified under this section for the appropriate categories. Laboratory records shall indicate who performed the analysis, and the name of the contract laboratory shall appear in the records. The contract laboratory name shall be included in all data reports issued by the primary laboratory for results reported by the contract laboratory.

(c) Definitions.

1. Acceptable variation – Three standard deviations from arithmetic mean.

2. Acknowledged Acceptable Test Methods – Those methods specifically referenced in these rules or other methods which have been acknowledged in writing as acceptable by the department. Such acknowledgement shall be given when a test method has been submitted to the department for acknowledgement and the department has verified that the test method and its results are verifiable and reproducible.

3. Analyst – A chemist, microbiologist or technician qualified by academic training and experience who usually performs tests or participates in testing with other qualified personnel.

4. Analyte – The particular compound, element, radical, isotope, characteristic or contaminant for which one is testing.

5. Category of certification – A group of analytes and approved testing methods from which a laboratory may select to become certified. Laboratories may be certified in the following categories:

a. Nutrients,

b. Mycotoxins – Aflatoxin, Fumonisin and Vomitoxin only,

c. Microorganisms – Salmonella only,

d. Pesticide residues – Chlorinated hydrocarbons, organophosphates and carbamates – Screen only. Confirm all positive screens quantitatively,

e. Drugs.

6. Certification – Regulatory recognition given to a laboratory that meets the minimum criteria of this section as determined through department evaluation and satisfactory participation in a check sample program.

7. Commercial/Exempt Laboratory – A laboratory other than those operated by the State of Florida or its subdivisions, that performs nutrient, microbiological, mycotoxin, pesticide residue or drug analysis on a fee or contract basis on commercial feed and feedstuff distributed by any entity.

8. Decertification – Revocation of certification by the department for one or more of the reasons provided in paragraph 5E-3.003(8)(e), F.A.C.

9. Director, Supervisor or Consultant – A chemist, microbiologist or professional scientist qualified by academic training and experience to administer the technical and scientific operations of the laboratory, including supervision of testing procedures and reporting of results.

10. The Quality Assurance/Quality Control Manual – The Quality Assurance/Quality Control Manual shall follow the general outline of the Quality Assurance/Quality Control Manual adopted by the department (Laboratory Quality Assurance/Quality Control Guideline Document, August 23, 1994). The Laboratory Quality Assurance/Quality Control Guideline Document (August 23, 1994) is hereby incorporated by reference. Copies may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Feed, Seed and Fertilizer Laboratories, 3125 Conner Boulevard, Building 7, Tallahassee, FL 32399-1650, (850)488-9095.

11. Recertification – Reinstatement of certification by the department following correction of the deficiencies for which the laboratory was decertified. Such recertification shall require submission of a new application as required for initial certification.

(d) Commercial Laboratory Certification – Application, Evaluation and Renewal.

1. The Application/Renewal for Certification as a Certified Feed Laboratory (Form DACS-13401, Rev. 10/02) which is hereby incorporated by reference, must be properly completed and submitted with the appropriate fees. Copies may be obtained from and submitted to the Florida Department of Agriculture, Bureau of Feed, Seed and Fertilizer Laboratories, 3125 Conner Boulevard, Building 7, Tallahassee, Florida 32399-1650, (850)488-9095. Separate applications must be submitted for each laboratory location without regard to ownership. Applications must be accompanied by the laboratory’s Quality Assurance/Quality Control manual, assay methods, results from check sample programs and participation number, detailed organizational chart showing name and position title for all key personnel, description of the laboratory and laboratory equipment as it applies to the department certification activities, and a description of the scope of the laboratory operations;

2. Each commercial laboratory seeking certification may be assessed and evaluated by department personnel. These inspections of the premises and operations of certified, commercial laboratories or those laboratories seeking certification may be unannounced and may include the on-site analysis of proficiency test samples as well as the photographing, filming or videotaping of any portion of the laboratory, equipment, activity, samples taken, records, test results or other information related to certification under this chapter;

3. Each commercial laboratory must be able to demonstrate that it is able to perform the tests representative of those for which certification is sought;

4. In order to maintain its certification, a certified laboratory must:

a. Be capable of performing tests for which it is certified based on AOAC or acknowledged acceptable test methods;

b. Limit the representation of the scope of its certification to only those tests for which certification is granted;

c. Report all deficiencies, excesses and adulterations to the department within 48 hours of completion of analysis;

d. Maintain all final laboratory reports and documentation of all samples for three years;

e. Maintain an independent decisional relationship between itself and its clients, affiliates, or other organizations so that the laboratory’s capacity to render test reports objectively and without bias is not adversely affected;

f. Report to the department within (30) days any major changes involving the location, ownership, management structure, authorized representative, approved signatories, methodologies or facilities of the laboratory;

5. Each certified commercial laboratory must return to the department the Certificate of Certification for revision or other action should it be requested to do so by the department or become unable to conform to any of these conditions and the applicable criteria of Chapter 580, F.S., and Chapter 5E-3, F.A.C.;

6. The department will renew certifications annually. Renewal must be submitted on Application/Renewal for Certification as a Certified Feed Laboratory (Form number DACS-13401, Rev. 10/02) provided by the department.

(e) Denial or Decertification. A commercial laboratory’s certification shall be suspended for any of the following violations:

1. Making false statements on an application or on any document associated with certification or exemption.

2. Demonstrating incompetence or making consistent errors in analyses or erroneous reporting.

3. Permitting unqualified personnel to perform analyses.

4. Falsifying the results of analyses.

5. Violation or aiding and abetting in the violation of any provision of these rules or Chapter 580, F.S.

6. Failure to properly maintain facilities and equipment.

7. Failing to comply with the required quality control program.

8. Advertising false services or credentials.

9. Failing to correct deficiencies within the time required by the department.

10. Failure to submit laboratory check samples during the period of probation for the category of certification which resulted in probation.

(f) Methodology and Quality Assurance Requirements – An alternate laboratory method may be acceptable only if it is equivalent to the prescribed test in both accuracy and reproducibility as it relates to the determination of compliance with any minimum/maximum levels. Use of authorized alternate test methods shall require written permission of the department.

(g) Check Sample Testing Requirements for Certified Laboratories.

1. Laboratories shall participate in the department check sample program, if required. Quarterly, the department may provide a feed sample to each certified laboratory. The laboratory must conduct an analysis of this sample for each certified category and report results to the department within 45 days of sample shipping. This testing may include analysis of split feed and feedstuff samples as part of the requirement for certification. Participation shall mean the analysis and reporting of all proficiency/check sample tests to the department within specified time frames.

2. Each laboratory shall bear its own cost for compliance with this check sample program.

(9) Quality Assurance/Quality Control Requirements for Registrants Requesting Exemption from Laboratory Certification for In-house Laboratories; Exempt Laboratory’s Quality Assurance/Quality Control Plan Fees.

(a) Quality Assurance/Quality Control Plan – The in-house laboratory plan submitted for approval by the department that exempts the laboratory from the certification requirements set forth in subsection 5E-3.003(8), F.A.C.

(b) Application for exemption from the requirement for laboratory certification through submission of an approved quality assurance/quality control plan shall be made in writing to the department on the Request/Renewal For Exemption From Certified Feed Laboratory Testing (Form number DACS-13402, Rev. 10/02). The Request/Renewal For Exemption From Certified Feed Laboratory Testing (Form number DACS-13402, Rev. 8/06) is hereby incorporated by reference. Copies may be obtained from Florida Department of Agriculture and Consumer Services, Bureau of Feed, Seed and Fertilizer Laboratories, Building 7, 3125 Conner Boulevard, Tallahassee, FL 32399-1650, (850)488-9095.

(c) The laboratory shall prepare and follow a written quality assurance/quality control plan including a quality assurance/quality control manual as defined in subparagraph 5E-3.003(8)(c)10., F.A.C. A copy of this plan including a quality assurance/quality control manual must be included with the original application for exemption. A registrant’s quality assurance/quality control plan shall be approved upon determination that the plan meets the requirements of this rule and is being implemented at the registrant’s facility.

(d) Reporting Procedures For Exempt Laboratories.

1. Each exempt laboratory must forward regulatory test results to the department quarterly on form numbers DACS-13403, 13404, 13405, 13406, 13407 as referenced in paragraph 5E-3.003(3)(b), F.A.C.;

2. Each exempt laboratory must report all deficiencies/excesses and adulterations to the department within 48 hours of completion of analysis;

3. Each exempt laboratory must report to the department within (30) days any major changes involving the location, ownership, management structure, authorized representative, approved signatories, methodologies or facilities of the laboratory.

(e) Check Sample Testing Requirements for Exempt Laboratories. Exempt laboratories shall participate in the departments check sample program, if required. Quarterly, the department may provide a feed sample to each exempt laboratory. The laboratory must conduct an analysis of this sample for each category of analysis and report results to the department within 45 days of sample shipping. This testing may include analysis of split feed and feedstuff samples as part of the requirement for exemption. Participation shall mean the analysis and reporting of all proficiency/check sample tests to the department within specified time frames.

(f) Quality Assurance/Quality Control Program Fees. Registrants requesting an exemption from the requirement for laboratory certification in Section 580.091(5), F.S., through application for department approval of a quality assurance/quality control program shall pay a fee in the amount to cover the direct costs associated with evaluation of the program and program approval. The direct costs shall include the salary and benefits costs of employees involved in the initial review process based on a per hour rate. This fee shall be paid in full as a condition of program approval. Subsequent evaluations shall be conducted every three years in accordance with Section 580.091(5)(b), F.S.

History

• Rulemaking Authority 570.07(23), 580.036(2), 580.065, 581.217(12)(b) FS. Law Implemented 580.036(2), 580.051, 580.065, 580.071, 580.091, 580.111, 580.121, 580.131, 581.217(7)(a) FS. History–New 12-30-70, 5-14-85, Formerly 5E-3.03, Amended 3-4-87, 6-1-95, 11-14-01, 8-31-06, 1-1-20.

Fla. Admin. Code R. 5E-3.004 Ingredient Statement

(1) Each ingredient shall be specifically named (the names and definitions identified in “Official Publication 2019” published by the Association of American Feed Control Officials shall be used as the common or usual names unless the Department of Agriculture and Consumer Services designates otherwise by rule), except that collective terms for a group of ingredients which perform a similar function may be used on labels for all commercial feed except horse feed. Collective terms recognize a general classification of ingredient origin but do not imply equivalent nutritional values. The following collective terms may be used in lieu of each ingredient term provided that only those ingredients defined by Association of American Feed Control Officials within each collective term are included:

Animal Protein Products

Grain Products

Plant Protein Products

Processed Grain By-Products

Forage Products

Roughage Products

Molasses Products

(a) For any given lot the manufacturer shall provide the department or consumer, upon request, the specific names of the ingredients used within each collective term.

(b) When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed, except that labels for customer formula feeds shall show the names of specific ingredients within a collective term, when the customer requests that certain ingredients be added to a regular brand.

(2) When added in the preparation of canned foods for animals, water shall be listed as an ingredient.

(3) The term “dehydrated” may precede the name of any product that has been artificially dried.

(4) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.

(5) Copyrighted brand, trade, or proprietary names shall not be used in the ingredient statement.

(6) A single ingredient product defined by the Association of American Feed Control Officials is not required to have an ingredient statement provided it is identified in the brand or product name.

(7) Pet food, pet treats, specialty pet food and specialty pet treat products may contain Hemp extract as defined by Section 581.217(3), F.S. provided the product is not a drug as defined in Section 580.031(9), F.S.

(8) “Official Publication 2019” published by The Association of American Feed Control Officials is hereby incorporated by reference. Copies may be obtained from AAFCO, 1800 South Oak Street, Suite 100, Champaign, Illinois 61820 or http://www.aafco.org/publications, and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, 3125 Connor Boulevard, Tallahassee, FL 32399-1650. Posting of the aftermentioned materials on the internet for purposes of public examination would violate federal copyright law.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.031(9), 580.051(1)(f), 581.217(3)(e) FS. History–New 12-30-70, 4-1-76, Formerly 5E-3.04, Amended 6-1-95, 11-14-01, 1-1-20.

Fla. Admin. Code R. 5E-3.005 Labels

(1) The information required in Section 580.051, F.S., shall appear in its entirety on one side of the label, or on one side of the container, except as provided in Rules 5E-3.008 and 5E-3.014, F.A.C., and further provided that precautions and directions for use may appear on the reverse side of the label. The information shall not be subordinated or obscured by other statements and designs.

(2) A package or a bulk lot of feed shall not be accompanied by conflicting labeling on tags, containers, delivery ticket or invoice.

(3) The month, day and year of manufacture of the commercial feed, for ratites only, which information shall appear on the label or the container in a conspicuous place, plainly written or printed in the English language when distributed in bags and when sold at retail.

(4) Pet food, pet treats, specialty pet food and specialty pet treats consisting of or containing Hemp extract must be labeled as required in Section 581.217(7), F.S, and must declare the number of milligrams of Hemp extract.

(5) If specific cannabinoids are claimed, the number of milligrams of each cannabinoid per serving must be declared on the label. The serving size shall be displayed on the label of the product.

(6) The label and labeling for pet food, pet treats, specialty pet food and specialty pet treats consisting of or containing Hemp extract shall not contain claims indicating the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease rendering it a drug as defined by Section 580.031(9), F.S.

(7) Pet food, pet treats, specialty pet food and specialty pet treats consisting of or containing Hemp extract shall be labeled “Not for human consumption.”

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.031(9), 580.051, 580.081, 580.112, 581.217(7) FS. History–New 12-30-70, Formerly 5E-3.05, Amended 3-5-89, 9-19-94, 6-1-95, 1-1-20.

Fla. Admin. Code R. 5E-3.006 Minerals

(1) Mineral phosphatic materials, including bone products, for feeding purposes shall be labeled with a guarantee for the minimum percentages of calcium and phosphorus, and the maximum percentage of fluorine.

(2) The fluorine content of a mixed feed shall not exceed one part of fluorine to forty parts of phosphorus.

(3) Mixed feeds containing more than 10% mineral ingredients, but not more than 50%, shall be labeled to show in addition to the requirements in Section 580.051, F.S.:

(a) The minimum percentage of calcium (Ca),

(b) The minimum percentage of phosphorus (P),

(c) The maximum percentage of salt (NaCl).

(4) In addition to the requirements in Section 580.051, F.S., mixed feeds containing more than 50% mineral ingredients shall be labeled to show:

(a) The minimum percentage of calcium (Ca),

(b) The minimum percentage of phosphorus (P),

(c) The maximum percentage of salt (NaCl),

(d) The minimum percentage of iron (Fe),

(e) The minimum percentage of copper (Cu),

(f) The minimum percentage of cobalt (Co),

(g) The minimum percentage of manganese (Mn),

(h) The minimum percentage of magnesium (Mg),

(i) The minimum percentage of zinc (Zn),

(j) The maximum percentage of fluorine (F),

(k) The minimum percentage of potassium (K).

When ingredients supplying significant quantities of iron, copper, cobalt, manganese, magnesium, zinc, fluorine, and potassium are not declared, guarantee(s) for corresponding mineral element(s) may be omitted.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.051(1), 580.112 FS. History–New 12-30-70, Formerly 5E-3.06, Amended 3-5-89.

Fla. Admin. Code R. 5E-3.007 Urea and Ammonium Compounds

Urea and ammonium compounds are acceptable ingredients in mixed ruminant feeds, provided the crude protein guarantee of the feed is modified by the following statement after an appropriate value has been inserted in the blank space: “This includes not more than ___% equivalent protein from non-protein nitrogen.” If the equivalent protein from non-protein nitrogen in a feed exceeds one third of the total crude protein, or if more than 8.75% equivalent protein is from non-protein nitrogen, the label shall bear (1) a statement of proper usage and (2) the following statement in type of such conspicuousness as to render it likely to be read and understood by ordinary individuals under customary conditions of purchase and use: “Warning: This feed should be used only in accordance with directions furnished on the label.” Mixed feeds, other than those intended for ruminants, may contain small amounts of added urea and ammonium compounds, provided good and sufficient cause has been furnished in writing to the Department of Agriculture and Consumer Services.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.051(1)(d), (f), 580.071(1), (5), 580.081, 580.112 FS. History–New 12-30-70, Formerly 5E-3.07.

Fla. Admin. Code R. 5E-3.008 Medicated Feed

(1) Before distribution in Florida, a feed containing an active drug ingredient shall be labeled to show the information required by Chapter 580, F.S., and all labeling required by the Federal Food and Drug Administration.

(2) Customer-formula medicated feeds shall have the labeling required under subsection (1), on each label for the lot except that the statement of purpose of the medication and the feeding directions may be attached to the delivery ticket supplied to the purchaser with the delivery.

(3) Mixed feed described under Section 580.031(2)(c), F.S., shall bear the labeling required for customer-formula medicated feed if an active drug ingredient is present.

(4) The regulations prescribing good manufacturing practices for medicated feeds as published in the Code of Federal Regulations, Title 21, Part 225, and for medicated premixes as published in Title 21, Part 226, as of 4/1/01, are adopted as good manufacturing practices under Chapter 580, F.S.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.051(1)(c), 580.071(1), (3), 580.081, 580.112 FS. History–New 12-30-70, 4-3-85, Formerly 5E-3.08, Amended 6-1-95, 11-14-01.

Fla. Admin. Code R. 5E-3.009 Nonnutritive Ingredients

Nonnutritive inert ingredients shall not be used in commercial feeds with the following exceptions:

(1) Customer-formula feeds may contain such ingredients at the customer’s request.

(2) Charcoal may be used provided the percentage is declared on the label when more than 1% is present.

(3) Grit may be used in poultry feeds, provided the percentage is declared on the label.

(4) Kaolin, talc and similar materials may be used for anti-caking purposes, provided the percentage is shown on the label when more than 1% is present.

(5) Mineral oil, petroleum jelly, petrolatum and similar materials may be used as a dust control agent in mineral mixtures, provided the total of all such materials will not exceed 3% in the mineral mixture and will not exceed 0.06% in the total ration.

(6) Bentonite, furfural residue and other pelleting aids may be used, provided the percentage is declared on the label.

(7) Vermiculite may be used, provided the percentage is declared on the label.

(8) Microcrystalline wax, gelatin, pectin and similar vitamin carriers may be used where appropriate.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.031, 580.051(1)(d), (f), 580.071(1), (3), 580.081, 580.112 FS. History‒New 12-30-70, Formerly 5E-3.09.

Fla. Admin. Code R. 5E-3.010 Pet Foods

History

• Rulemaking Authority 470.07(23), 580.101 FS. Law Implemented 580.031(7), (8), 580.051(1)(e), 580.071, 580.081, 580.112 FS. History‒New 12-30-70, Formerly 5E-3.10, Amended 7-16-87, Repealed 6-1-95.

Fla. Admin. Code R. 5E-3.011 Sterilization of Anthrax-producing Organisms in Certain Products

(1) No bone meal, blood meal, meat meal, meat scrap, digester tankage, meat meal tankage, or feeding tankage shall be sold, offered for sale or used in commercial feed in the State of Florida, unless such products have been so sterilized by heat as to destroy all anthrax organisms and their spores.

(2) For the purposes of this section, sterilization shall be considered adequate if each and every part of the product has been exposed to steam under at least 250º F. for 30 minutes or dry heating at a temperature of at least 284º F. for not less than 3 hours or the equivalent thereof, provided that all parts of the material reach the temperature as above indicated. Such products mentioned in subsection (1) shall not be distributed in a manner as to cause recontamination with anthrax organisms or their spores.

(3) When such products mentioned in subsection (1), are distributed to dealers in Florida they shall be accompanied by a statement guaranteeing compliance with the requirements of subsections (1) and (2).

History

• Rulemaking Authority 580.07(23), 580.036(2) FS. Law Implemented 580.071(1), 580.112(1), (2) FS. History–New 12-30-70, Formerly 5E-3.11.

Fla. Admin. Code R. 5E-3.012 Animals for Which Feeds Are Covered By Law

History

• Rulemaking Authority 480.101, 580.031(4) FS. Law Implemented 580.031(4) FS. History‒New 12-30-70, Formerly 5E-3.12, Repealed 4-1-76.

Fla. Admin. Code R. 5E-3.013 Minimum Standards for Feed Materials

The minimum standards for feed and feedstuff are those set forth in the “Official Publication 2001” published by the Association of American Feed Control Officials.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.051(1)(c) FS. History–New 12-30-70, Formerly 5E-3.13, Amended 6-1-95, 11-14-01.

Fla. Admin. Code R. 5E-3.014 Customer-Formula Feed

(1) The label for a customer-formula feed shall show, in addition to the information required by Section 580.051(2), F.S., the words “mixed for” followed by the name and address of the customer, except that the brand name may be omitted. When the customer requests that certain ingredients be added to a regular brand, the base feed label may be used along with the names of other ingredients added, provided that the protein, fat and fiber guarantees are not affected. Where appropriate, the words “added drug ingredient(s)” shall be shown, followed by the name(s) and amount(s) of the drug(s). If it is necessary to use the reverse side of a tag to show added labeling, the words “Customer-formula feed – see reverse side” shall be stamped on the front of the label, in such a manner as not to obscure the base feed labeling.

(2) A customer-formula feed may contain any ingredients requested by the customer subject to the limitation in subsection 5E-3.008(1), F.A.C.

(3) The mixer of a customer-formula feed shall keep the signed formula in his records for a period of twelve months following the last delivery of such feed.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.051(2), 580.071(1), (3), 580.081, 580.112 FS. History–New 12-30-70, Formerly 5E-3.14, Amended 6-1-95, 11-14-01.

Fla. Admin. Code R. 5E-3.015 Master Registration Fees

(1) The Application For Master Registration (Form DACS-13244, Rev. 6/01) shall be submitted annually by each commercial feed distributor and shall be accompanied by a fee established in Section 580.041, F.S.

(2) The Application For Master Registration (Form DACS-13244, Rev. 6/01) is hereby incorporated by reference. Copies may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.041(1) FS. History–New 12-30-70, Formerly 5E-3.15, Amended 10-3-91, 6-1-95, 11-14-01.

Fla. Admin. Code R. 5E-3.016 Tolerances for Nutrients, Minerals, Medicaments, Aflatoxin, Pesticide Residues and Weight

The following tolerances or analytical variations will be permitted in determining whether or not a commercial feed or feed stuff is deficient or excessive in any nutrient, medicament, aflatoxin, pesticide residue or weight:

Tolerances

(1) Nutritive guarantees:

(a) Moisture

4%

(b) Protein 0-20%

1%

(c) Protein over 20%

2%

(d) Fat

0.5%

(e) Fiber 0-20%

1%

(f) Fiber over 20%

2%

(g) Ash

3%

(h) Equiv. Protein from NPN (Excess)

5% or > than max guarantee

(i) Total Sugar as Invert

2%

(j) Brix

2%

(2) Minerals:

(a) Calcium (Ca)

(b) Phosphorus (P)

(c) Salt (NaCl)

**

(d) Iron (Fe)

---

(e) Magnesium (Mg)

---

(f) Zinc (Zn)

50% of Guarantee

(g) Copper (Cu)

50% of Guarantee

(h) Cobalt (Co)

50% of Guarantee

(i) Manganese (Mn)

50% of Guarantee

(j) Potassium (K)

---

• 10% of Guarantee but not less than 0.4%

** 10% of Guarantee but not less than 0.5%

*** 20% of Guarantee but not less than 0.05%

(3) Antibiotics and Drugs: A deficiency shall exist when an average of 50% or less of the guarantee is found. A finding of more than 150% of the guarantee shall be charged as an excess.

(4) Weights:

(a) Small packages containing less than 12 pounds shall be considered short weight when the net weight falls below the following allowable variations:

Declared Weight

Allowable Variation

1. 0 thru 15 oz.

0.2 oz.

2. 1 lb. thru 2 lbs. 15 oz.

0.4 oz.

3. 3 lbs. thru 4 lbs. 15 oz.

0.6 oz.

4. 5 lbs. thru 6 lbs. 15 oz.

0.8 oz.

5. 7 lbs. thru 8 lbs. 15 oz.

1.0 oz.

6. 9 lbs. thru 10 lbs. 15 oz.

1.3 oz.

7. 11 lbs. thru 11 lbs. 15 oz.

1.6 oz.

(b) Packages of commercial feed guaranteed to contain 12 pounds or more shall be considered short weight if they are found to be more than 1% below the guaranteed net weight.

(5) Aflatoxin:

(a) The maximum permissible level of aflatoxin in commercial feed or feedstuffs shall be 20 ppb for immature or lactating animals. Those tolerances listed under U.S. FDA Compliance Policy Guide No. 7126.33 (8/28/94) shall be applied.

(b) U.S. FDA Compliance Policy Guide No. 7126.33 (8/28/94) is hereby incorporated by reference. Copies may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)488-7626.

(6) Pesticide Residues:

(a) Those tolerances listed in 21 C.F.R. pt. 573 (4/1/01) – Food Additives Permitted in Feed and Drinking Water of Animals and 40 C.F.R. pt. 180 (7/1/01) – Tolerances and Exemptions from Tolerances for Pesticide Chemicals in or on Raw Agricultural Commodities shall be applied.

(b) The following materials are hereby incorporated by reference. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, 732 North Capitol Street, N.W., Mail Stop #SDE, Washington, D.C. 20401.

1. 21 C.F.R. pt. 573 (4/1/01), Food Additives Permitted in Feed and Drinking Water of Animals.

2. 40 C.F.R. pt. 180 (7/1/01), Tolerances and Exemptions from Tolerances for Pesticide Chemicals in or on Raw Agricultural Commodities.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.036, 580.071, 580.081, 580.131 FS. History–New 4-3-85, Formerly 5E-3.16, Amended 10-15-87, 3-5-89, 3-31-93, 6-1-95, 11-14-01.

Fla. Admin. Code R. 5E-3.017 Inspection Fees, Reporting, Continuous Bond, Certificate of Deposit Requirement

History

• Rulemaking Authority 470.07(23), 580.06(1), 580.101 FS. Law Implemented 580.061 FS. History‒New 4-3-85, Formerly 5E-3.17, Amended 3-4-87, 3-5-89, 3-31-93, Repealed 6-1-95.

Fla. Admin. Code R. 5E-3.018 Enforcement and Penalties

(1) Section 580.051(5), F.S., authorizes the department to assess a penalty in the amount of $100 per violation against the violator for the distribution of commercial feed without labeling as required under Section 580.051(1), F.S. The assessment of a penalty shall be imposed where no labeling is furnished or where labeling of a feed product containing a drug does not show the word “Medicated” in the brand name.

(2) All penalties assessed under Section 580.131, F.S., must be paid to the consumer within 60 days from the date of notice by the department to the registrant.

When payment has been made in full to the consumer, the registrant must notify the department in writing at the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 of the form of the payment using the form entitled “Notice of Deficiency Payment” FDACS 13255, Rev. (05/19), which is hereby adopted and incorporated by reference in this rule and is available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11186.

(3) Sampling Penalties:

(a) Enforcement. Section 580.121(1), F.S., authorizes the department to impose an administrative penalty against any person who violates a provision of Chapter 580, F.S. or Chapter 5E-3, F.A.C. The following are requirements of sampling as outlined in Section 580.091, F.S. and Rule 5E-3.003, F.A.C., for which an administrative penalty will be imposed:

1. Failure to submit a minimum of one (1) sample by the end of the first quarter (September 30th) of each fiscal year as required by subsection 5E-3.003(4), F.A.C. will result in the issuance of a warning letter. Failure to submit a minimum of one (1) sample by the end of the first quarter for two consecutive years will result in an administrative fine in the amount of $250.00.

2. Failure to submit any samples for a given Fiscal Year (July 1 – June 30), including the first quarter sample as required in subsection 5E-3.003(4), F.A.C., will result in a Stop-Sale as described in Section 580.111. F.S., and administrative fine as described in paragraph 5E-3.018(3)(b), F.A.C. The department shall release the commercial feed or feedstuff when the provisions and rules have been complied with and all adinistrative fines have peen paid in full.

3. Further refusal to submit samples for the second consecutive fiscal year will result in increased fines, as outlined in paragraph 5E-3.018(3)(b), F.A.C., not to exceed $1,000 per violation and suspension of the feed master registration. As authorized in Section 580.111, F.S., a suspension will incur a stop-sale of the products distributed by that registrant until such a time that all provisions and rules have been complied with and all administrative fines have been paid in full.

4. Failure to meet all requirements of sampling as outlined in Rule 5E-3.003, F.A.C., including submission of any number of samples less than what is required under Rule 5E-3.003, F.A.C., for a consecutive three (3) year period will result in increased fines as outlined in paragraph 5E-3.018(3)(b), F.A.C., not to exceed $1,000 per violation and a suspension of the feed master registration. As authorized in Section 580.111, F.S., a suspension will incur a stop-sale of the products distributed by that registrant until such time that all provisions and rules have been complied with and all administrative fines have been paid in full.

5. Distribution of products while under suspension and/or failure to comply with a final order issued by the department will result in revocation of the feed master registration.

(b) Sampling Fine Calculations. The fine calculations for failure to perform the feed sampling requirements in Section 580.091(2), F.S. and subsection 5E-3.003(4), F.A.C., are determined by compliance history and the average estimated cost of the tests not performed:

First year of non-compliance

2.0 x the Cost of Tests not Performed = Fine Amount not to exceed $1000 per sample violation

Second consecutive year of non-compliance

4.0 x the Cost of Tests not Performed = Fine Amount not to exceed $1000 per sample violation

Third consecutive year of non-compliance

6.0 x the Cost of Tests not Performed = Fine Amount not to exceed $1000 per sample violation and suspension of feed master registration for up to 6 months.

The average estimated cost of each test is as follows:

1. Protein, Fat and Fiber (PFF) – $44.00

2. Aflatoxin – $41.00

3. Vomitoxin – $50.00

4. Fumonisin – $64.00

(4) Tonnage Reporting Enforcement. Section 580.121(1), F.S., authorizes the department to impose an administrative penalty against any person who violates a provision of Chapter 580, F.S., or Chapter 5E-3, F.A.C. The following are requirements of tonnage reporting as outlined in Section 580.041(1)(c)3., F.S. and Rule 5E-3.020, F.A.C., for which an administrative penalty will be imposed.

(a) Failure to submit tonnage reports as outlined in Rule 5E-3.020, F.A.C., within 30 days of the end of the first quarter will result in the issuance of a notice of non-compliance. Failure to submit a tonnage report within five (5) consecutive days after receipt of the notice of non-compliance shall result in the issuance of a warning letter.

(b) Failure to submit tonnage reports as outlined in Rule 5E-3.020, F.A.C., for two (2) quarters within a three (3) year compliance period, shall result in the issuance of an administrative fine in the amount of $250.

(c) Failure to submit tonnage reports as outlined in Rule 5E-3.020, F.A.C., for any three (3) quarters within a three (3) year compliance period, shall result in a Stop-Sale as described in Section 580.111, F.S., and the issuance of an administrative fine in the amount of $500. The Stop-Sale shall remain in effect until such a time that all administrative fines have been paid in full and delinquent tonnage has been submitted.

(d) Distribution of products while under Stop-Sale shall result in revocation of the feed master registration.

(5) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a notice of noncompliance as the department’s first response to the minor violation. The following violations shall result in the issuance of a notice of noncompliance:

(a) Failure to comply with subsection 5E-3.018(2), F.A.C.

(b) Failure to comply with paragraphs 5E-3.003(3)(a)-(c), F.A.C.

(c) Failure to comply with subsection 5E-3.020(1), F.A.C.

(6) Warning Letters. After failure to comply with a notice of noncompliance, a warning letter shall be issued for any violations classified in this rule as minor violations. A warning letter may be issued for any first-time major violation.

(7) Major violations. Major violations are all violations other than those classified as minor violations.

(8) Fines. For major violations or repeat minor violations, the Department may issue a warning letter or impose an administrative fine not to exceed $1,000 per violation plus any other penalty allowed by the law including suspension or revocation of the feed master registration. When imposing a fine, the Department will consider the degree and extent of harm or potential harm, that was or could have been caused by the violation, whether the violation was committed willfully, the compliance history of the violator, and the scope of the violation.

(9) Fine Guide. FINE GUIDE = (A(B+C+D+E))$50. This guide shall apply for each violation for which a fine is imposed with the exception of those violations addressed in subsections 5E-3.003(3) and (4), F.A.C., relating to feed sampling and tonnage reporting. The maximum fine is $1,000 per violation. The terms and values used in the fine guide calculation shall be:

1. DEGREE AND EXTENT OF HARM

A = Animal, Human and Environmental Hazards

1 No animal, human or environmental effects identified,

2 Possibility, probability, or potential for harm existed, or

3 Any harm to animals, humans or the environment.

B = Level of financial harm to the consumer that is created by the violation

1 Unknown or under $1,000,

2 $1,000 or over and under $5,000, or

3 $5,000 or over.

2. WHETHER THE VIOLATION WAS COMMITTED WILLFULLY

C = Whether the violation was committed willfully.

1 No evidence or insufficient evidence of willful intent by the violator, or

3 Evidence of willful intent by the violator.

3. COMPLIANCE RECORD OF THE VIOLATOR

D = Compliance record of the violator

0 No prior actions

1 One prior action dissimilar to the current violation.

2 Two or more prior actions dissimilar to current violation.

3 Previous action for the same or similar violation or previously fined for a different violation, or

4 Previous action for the same or similar violation.

4. SCOPE OF THE VIOLATION

E = The scope of the violation and/or distribution of the violative product(s)

1 Very limited distribution, quantity or limited purchasers; violation is limited to a single lot.

2 Distribution is limited to a specific region of the state; violations are limited to one or two products; quantity of product distributed is small (<50 ton distributed); small number of animals effected.

3 Distribution is statewide and/or impacts other states; violations are seen in multiple products across multiple lots; quantity of products distributed is large (>50 tons effected), or

4 Distribution is unlimited, potentially nationwide.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 120.695, 570.971, 580.051, 580.065, 580.091, 580.111, 580.121, 580.131 FS. History–New 3-4-87, Amended 3-31-93, 6-1-95, 11-14-01, 10-13-19.

Fla. Admin. Code R. 5E-3.019 Laboratory Assay Charges

History

• Rulemaking Authority 470.07(23), 580.101 FS. Law Implemented 580.009(2) FS. History‒New 7-16-87, Amended 3-31-93, Repealed 6-1-95.

Fla. Admin. Code R. 5E-3.021 Feed Manufacturing and Inspection Standards

The following materials are hereby adopted and incorporated by reference. Copies of all referenced materials are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, Bureau of Inspection and Incident Response, 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-0800 or online as provided below.

(1) Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls

(a) Title 21, Code of Federal Regulations (CFR), Part 225–Current Good Manufacturing Practice for Medicated Feeds, revised as of April 1, 2024, https://www.flrules.org/Gateway/reference.asp?No=Ref-17920.

(b) Title 21, Code of Federal Regulations (CFR), Part 226–Current Good Manufacturing Practice for Type A Medicated Articles, revised as of April 1, 2024, https://www.flrules.org/Gateway/reference.asp?No=Ref-17923.

(c) Title 21, Code of Federal Regulations (CFR), Part 507–Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals, revised as of April 1, 2024, https://www.flrules.org/Gateway/reference.asp?No=Ref-17924.

(2) Substances Prohibited from Use in Animal Food or Feed

(a) Title 21, Code of Federal Regulations (CFR), Section 589.2000–Animal Proteins Prohibited in Ruminant Feed, revised as of April 1, 2023, https://www.flrules.org/Gateway/reference.asp?No=Ref-17931.

(b) Title 21, Code of Federal Regulations (CFR), Section 589.2001–Cattle Materials Prohibited in Animal Food or Feed to Prevent the Transmission of Bovine Spongiform Encephalopathy, revised as of April 1, 2024, https://www.flrules.org/Gateway/reference.asp?No=Ref-17925.

(3) Veterinary Feed Directive

(a) Title 21, Code of Federal Regulations (CFR), Section 558.3–Definitions and General considerations applicable to this part, revised as of April 1, 2024, https://www.flrules.org/Gateway/reference.asp?No=Ref-17927.

(b) Title 21, Code of Federal Regulations (CFR), Section 558.6–Veterinary feed directive drugs, revised as of April 1, 2024, https://www.flrules.org/Gateway/reference.asp?No=Ref-17926.

History

• Rulemaking Authority 570.07(23), 580.036(2), 580.065, 581.217(12)(b) FS. Law Implemented 580.036(2), 580.051, 580.065, 580.071, 580.081, 580.091, 580.111, 580.112 FS. History–New 6-4-25.

Fla. Admin. Code R. 5E-3.020 Commercial Feed Sales Quarterly Reporting

(1) In accordance with Section 580.041(1)(c)3., F.S., each Distributor of commercial feed shall report to the Department the number of tons of feed distributed in Florida within thirty (30) days after the end of each of the following quarterly reporting periods:

Quarter

Reporting Period

1st Quarter

July 1 – September 30

2nd Quarter

October 1 – December 31

3rd Quarter

January 1 – March 31

4th Quarter

April 1 – June 30

(2) If a Distributor does not sell any feed during a reporting period, a “zero” report shall be made in accordance with subsection (1).

(3) Distributors shall report the quarterly tonnage distribution required by subsection (1) using either of the following methods:

(a) Through the Department’s Feed, Seed, and Fertilizer Regulatory Website which can be located online at http://lims.flaes.org/HomeNew.aspx; or

(b) Written reports may be submitted by completing the Quarterly Report of Commercial Feeds Distributed in the State of Florida, FDACS-13206, (Rev 07/10), which is hereby adopted and incorporated by reference and is available from and shall be submitted to the Florida Department of Agriculture and Consumer Services, Bureau of Compliance Monitoring, Feed, Seed and Fertilizer Section, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02364.

History

• Rulemaking Authority 570.07(23), 580.036(2) FS. Law Implemented 580.041 FS. History–New 4-18-13.

Chapter 5E-4 SEED: GENERALLY

Fla. Admin. Code R. 5E-4.001 Sampling, Analysis and Tolerance Procedures

The manner of sampling, testing in laboratory, greenhouse and trial plots, and the tolerances to be applied to the results shall be the same as that recommended in the Rules for Seed Testing of the Association of Official Seed Analysts.

History

• Rulemaking Authority 578.11(2) FS. Law Implemented 578.11(2) FS. History–New 6-29-62, Formerly 5E-4.01.

Fla. Admin. Code R. 5E-4.002 Labels

(1) Form. The analysis tag or label shall carry the information required by Section 578.09, F.S., in substantially the following form:

(a) For agricultural seed:

(b) For mixed agricultural seeds:

(c) For coated agricultural seed:

(d) For combination mulch, seed, and fertilizer products:

(e) Vegetable seeds in packets which germinate above standard:

(f) Vegetable seeds in packets which germinate below standard:

(g) Vegetable seeds other than packet seeds:

(h) Flower seeds in packets that germinate above standard:

(i) Flower seeds in packets that germinate below standard:

(j) Flower seeds in containers other than packets, pure seed percentage below 90%:

(k) Flower seeds in containers other than packets, pure seed percentage above 90%:

(l) For tree or shrub seed:

(2) The maximum percent of seed moisture for hermetically sealed containers of agricultural or vegetable seed, shall be as follows:

Family/Kind

Maximum percent Seed Moisture

1. Chenopodiaceae

a. Beet, chard

7.5

b. Spinach

8.0

2. Astercaeae – Lettuce

5.5

3. Brassicaceae

a. Cabbage, broccoli, cauliflower, collard,

b. Chinese cabbage, kale, turnip, rutabaga,

c. Kohlrabi, Brussels sprouts, mustard, radish

5.0

4. Cucurbitaceae

a. Cucumber, muskmelon, squash, pumpkin

6.0

b. Watermelon

6.5

5. Poaceae

a. Sweet corn

8.0

b. Kentucky bluegrass

6.0

c. Creeping red fescue

8.0

d. Annual ryegrass

8.0

e. Perennial ryegrass

8.0

6. Fabaceae

a. Snap bean, lima bean, pea

7.0

b. Crimson clover

8.0

7. Amaryllidaceae – Onion, leek, chive, Welsh onion

6.5

8. Solanaceae

a. Tomato

5.5

b. Pepper

4.5

c. Eggplant

6.0

9. Apiaceae

a. Carrot, celery, celeriac

7.0

b. Parsnip

6.0

c. Parsley

6.5

10. All other agricultural or vegetable seed not listed above

6.0

(3) The term “container” includes, bin, box, bag, barrel or bulk receptacle.

(4) All information required on the seed analysis tag or label shall be identified and placed on one side of the tag or label without intervening matter. No other information or matter shall be placed on this side of the tag or label unless such information is distinguished from the analysis labeling.

(5) Analysis tag or label for agricultural seed shall show a complete analysis, and the complete purity analysis shall total one hundred percent (100%). Blank spaces on a form tag shall be deemed to imply the word “None” when such interpretation is reasonable. Either numerals or the word “None” should be used to express a percentage or numbers per pound.

(6) The name of the kind and variety of seed shall not be abbreviated, but shall be written in the words, symbols or figures as expressed by the breeder’s designation of the seed.

(7) The place of origin shall not be used in connection with the name of variety or kind of seed, unless it is a part of the generally accepted name of kind or variety. Modifying words or phrases shall not be used in connection with the variety – as for example, “for forage purposes,” etc.; nor shall brand names be used as varietal names.

(8) Upon expiration of each germination test period as prescribed by subections 578.09(2), (5), (6), (7), (8) and subsection 578.092(3) F.S., a new test shall be made and the result thereof, together with the date when same was completed, shall be shown on the label or tag attached to the container of such seed (a new label or tag is recommended).

(9) Different varieties of the same kind of seed, when in quantities of less than five percent (5%), will be shown on the label or tag as other crop seed.

(10) Hybrid varieties of seed shall be labeled with the word “Hybrid” as required by section 578.09, F.S.

Examples:

(a) Hybrid Oshkosh Alfalfa

85.00%

other Alfalfa

14.50%

Inert matter

.25%

Other crop seed

.15%

Weed seed

.10%

(b) Hybrid Wintergreen Cabbage

85.00%

other Cabbage

14.00%

Inert matter

1.00%

Other crop seed

.00%

Weed seed

.00%

(11) The following wording will comply with the requirements of Section 578.26(1)(c), F.S., when printed on the analysis tag or label attached to the seed at the time of purchase by the buyer:

Notice: As a prerequisite to maintaining a legal action based upon the failure of seed to which this label is attached to produce as represented, a sworn complaint shall be made to the department within such time as to permit inspection of the crops, plants, or trees, accompanied by the required filing fee, and a copy of the complaint shall be sent to the seller by certified mail, in accordance with Section 578.26, F.S.

History

• Rulemaking Authority 578.11(2) FS. Law Implemented 578.11(2), 578.09, 578.28, 578.092 FS. History–New 11-21-69, Amended 12-1-70, 9-30-72, 3-1-73, Formerly 5E-4.02, Amended 3-4-93, 6-14-95, 7-7-19.

Fla. Admin. Code R. 5E-4.003 Noxious Weed Seed

(1) Prohibited noxious weed seed shall include:

(a) Field Bindweed (Convolvulus arvensis)

None per pound

(b) Serrated tussock (Nassella trichotoma)

None per pound

(c) Benghal dayflower (Commelina benghalensis)

None per pound

(2) Restricted noxious weed seed shall include:

(a) Annual bluegrass (Poa annua)

1,000 per pound

(b) Balloonvine (Cardiospermum halicacabum)

4 per pound

(c) Bermudagrass (Cynodon spp.)

300 per pound

(d) Blessed thistle (Cnicus benedictus)

9 per pound

(e) Buckhorn plantain (Plantago lanceolata)

100 per pound

(f) Canada thistle (Cirsium arvense)

100 per pound

(g) Cheat or Hairy chess (Bromus secalinus, and/or commutatus)

300 per pound

(h) Cocklebur (Xanthium spp.)

4 per pound

(i) Corncockle (Agrostemma githago)

100 per pound

(j) Crotalaria

1. Crotalaria spectabilis

9 per pound

2. Crotalaria mucronata (Striata)

54 per pound

(k) Darnel (Lolium temulentum)

100 per pound

(l) Docks (Rumex crispus, obtusifolius and conglo meratus)

100 per pound

(m) Dodders (Cuscuta spp.)

100 per pound

(n) Horsenettle and Nightshades (Solanum carolinense and/or elaeagnifolium)

100 per pound

(o) Johnson grass and Sorghum almum (Sorghum halepense and/or almum)

27 per pound

(p) Nutgrass (Cyperus rotundus)

1 per pound

(q) Quack grass (Elymus repens)

100 per pound

(r) Red rice (Oryza sativa)

300 per pound

(s) Sheep sorrel (Rumex acetosella)

200 per pound

(t) Tropical soda apple (Solanum viarum)

1 per pound

(u) Texas millet or Buffalograss (Urochloa texana)

9 per pound

(v) Wild onion (Allium spp.)

27 per pound

(w) Wild radish (Raphanus raphanistrum)

27 per pound

(x) Wild turnip or mustard (Brassica spp.)

27 per pound

(3) The total amount of all restricted noxious weed seed shall not exceed three hundred (300) per pound exclusive of Annual bluegrass.

History

• Rulemaking Authority 570.07(23), 578.11(2) FS. Law Implemented 578.11(2)(d), 578.29 FS. History–New 5-30-63, Amended 8-22-68, 9-29-83, Formerly 5E-4.03, Amended 8-6-89, 11-14-04, 11-26-08, 7-7-19.

Fla. Admin. Code R. 5E-4.004 Worthless Seed

Agricultural, vegetable, flower, tree, or shrub seed shall be deemed worthless for planting purposes if containing in excess of two percent (2%) of total weed seed or more noxious weed seed than shown in Rule 5E-4.003, F.A.C., and shall not be sold for such purposes.

History

• Rulemaking Authority 578.11(2) FS. Law Implemented 578.11(2) FS. History–New 11-21-69, Formerly 5E-4.04, Amended 7-7-19.

Fla. Admin. Code R. 5E-4.0041 Disposition of Seed Contaminated with Noxious Weed Seed

(1) Seed lots containing one or more of the noxious weed seeds listed in Rule 5E-4.003, F.A.C., and found by the department to be in violation of Section 578.13, F.S., and which have been placed under stop-sale, stop-use, removal, or hold order, shall not be further subdivided or renumbered such that the integrity of the lot for identification and further inspection and testing is maintained. Within 30 days of receipt of the stop-sale, stop-use, removal, or hold order issued by the department, the owner of the seed lot shall arrange for the relabeling, reprocessing, or destruction through incineration or burial of the seed to a depth of at least 3 feet for a period of at least one year.

(2) Seed lots which have been reprocessed shall be re-inspected and re-tested by the department to determine if the violation of Section 578.13, F.S., has been corrected. If, after subsequent inspection and testing, the violation of Section 578.13, F.S., has been corrected, the department shall issue to the owner, the Department form entitled Release Notice (FDACS-13248, Rev. 08/10) for the lot under stop-sale, stop-use, removal, or hold order and the seed lot may be sold and distributed upon relabeling. If, after two consecutive attempts to reprocess the seed lot, and the seed lot continues to contain excessive noxious weed seeds as listed in Rule 5E-4.003, F.A.C., the seed lot under stop-sale, stop-use, removal, or hold order shall be destroyed by incineration or burial to a depth of at least three feet for a period of at least 1 year.

(3) Any seed lot found to contain the restricted noxious weed seed Tropical Soda Apple, solanum viarum, at a rate of one seed per pound shall be labeled, in addition to the requirements listed in Section 578.09, F.S., with the following information:

(a) Included on the label “Noxious Weed Seed………..1 Tropical Soda Apple per pound;

(b) Plainly printed in red ink affixed in a permanent manner on the container in a size 16 font: “Seed in this container has been determined by laboratory analysis to be contaminated with the noxious weed Tropical Soda Apple at a rate of one seed per pound. This seed is only for distribution, sale, or planting within the State of Florida. Purchaser of this seed should follow the recommendations in the document entitled SS-AGR-77 “Tropical Soda Apple: Biology, Ecology and Management of a Noxious Weed in Florida” (Revised February 2010) published by the University of Florida, Institute of Food and Agricultural Sciences, to prevent the establishment and spread of this noxious weed.

(c) Documentation (such as delivery ticket or invoice) of sale or distribution of seed lots labeled to contain one tropical soda apple seed per pound shall be submitted to the Department’s Seed Compliance Section immediately upon subsequent movement or distribution of seed.

(4) The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 and are available online as indicated.

(a) Stop Sale, Stop Use, or Hold Order (FDACS-13233, Rev. 06/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-02279.

(b) Release Notice (FDACS-13248, Rev. 08/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-02280.

(c) Authorization for Movement of Goods Under Stop Sale Order (FDACS-13249, Rev. 08/10), http://www.flrules.org/Gateway/reference.asp?No=Ref-02281.

(d) University of Florida, Institute of Food and Agricultural Sciences, SS-AGR-77 “Tropical Soda Apple: Biology, Ecology and Management of a Noxious Weed in Florida” (Revised February 2010), http://www.flrules.org/Gateway/reference.asp?No=Ref-02282.

History

• Rulemaking Authority 570.07(23), 567.181, 578.11(2), 580.036(2) FS. Law Implemented 487.101, 576.111, 578.11(3), 578.12, 580.111 FS. History–New 11-14-04, Amended 11-26-08, 3-13-13, 7-7-19.

Fla. Admin. Code R. 5E-4.005 Disposition of Worthless Seed

History

• Rulemaking Authority 478.11(2) FS. Law Implemented 578.11(2) FS. History‒New 6-29-62, Formerly 5E-4.05, Repealed 6-14-95.

Fla. Admin. Code R. 5E-4.006 Seed Standards

The minimum standard for agricultural seeds shall be 60% (including hard seed or dormant seed) except hybrid field corn seed which shall be 90%, and hemp seed, which shall be 80% (including hard or dormant seed). For hemp seed which germinates less than the standard established by the department, the words “Below Standard” shall be prominently displayed on the label. Hemp seed below 60% germination may not be sold. The minimum standards for vegetable seeds are set forth in the documents incorporated herein. The Federal Seed Act Regulation specified in 7 CFR 201 (Revised January 1, 2018), are hereby incorporated by reference. Copies of this document may be obtained online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10660. Also incorporated by reference are the State Noxious-Weed Seed Requirements Recognized in the Administration of the Federal Seed Act, October 2018 publication. Copies of this document may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10675.

History

• Rulemaking Authority 570.07(23), 578.11(2) FS. Law Implemented 578.11(2) FS. History–New 5-30-63, Amended 1-1-65, 11-21-69, Formerly 5E-4.06, Amended 2-7-89, 6-14-95, 6-9-98, 7-7-19, 1-28-20.

Fla. Admin. Code R. 5E-4.007 Commercial Tests and Consumer Request Samples

(1) The department will make commercial tests and perform analysis of consumer request samples of seed when such will not interfere with prescribed duties of the department.

(2) Definitions. As used in this rule, the following definitions shall apply:

(a) Consumer means individuals who purchase and use seed for plant production purposes.

(b) Consumer request seed samples means an official seed sample taken and analyzed by the department at the request of the consumer.

(3) Schedule of charges for the collection, packaging, shipment and analysis of consumer request seed samples and commercial tests is listed below:

Type Test and Charge

Product

Purity

Germination

(a) Aeschynomene

$10.50

$15.75

(b) Alfalfa

15.75

15.75

(c) Austrian Winter Pea

10.50

15.75

(d) Bahiagrass, All Varieties

21.00

21.00

(e) Beggarweed

10.50

15.75

(f) Bentgrass

15.75

15.75

(g) Bermudagrass

21.00

15.75

(h) Bluegrass

21.00

15.75

(i) Buckwheat

15.75

15.75

(j) Carpetgrass

21.00

15.75

(k) Centipedegrass

21.00

15.75

(l) Chufa

10.50

21.00

(m) Clovers

15.75

15.75

(n) Corn, Field or Sweet

10.50

21.00

(o) Cowpeas

10.50

15.75

(p) Fescue

21.00

15.75

(q) Flowers

15.75

15.75

(r) Flowers, Mixed

26.25

31.50

(s) Hairy Indigo

15.75

15.75

(t) Hemp

21.00

21.00

(u) Herbs

15.75

15.75

(v) Lespedeza

15.75

15.75

(w) Lovegrass

21.00

15.75

(x) Lupine

10.50

15.75

(y) Millets

15.75

15.75

(z) Mixed Grasses

36.75

36.75

(aa) Oats

15.75

15.75

(bb) Partridge Pea

10.50

15.75

(cc) Peanuts, Hulled

10.50

15.75

(dd) Rye

15.75

15.75

(ee) Ryegrass

21.00

15.75

(ff) Rice

15.75

15.75

(gg) Sesame

10.50

15.75

(hh) Sesbania

10.50

15.75

(ii) Sorghum

15.75

15.75

(jj) Soybeans

10.50

15.75

(kk) Sunflower

10.50

15.75

(ll) Timothy

15.75

15.75

(mm) Tobacco

15.75

15.75

(nn) Tree or Shrub Seed

15.75

21.00

(oo) Triticale

15.75

15.75

(pp) Vegetables

10.50

15.75

(qq) Velvet bean

10.50

15.75

(rr) Vetch

10.50

15.75

(ss) Wheat

15.75

15.75

(4) The Cold Test for corn is $5.00.

(5) Seed not listed will be charged according to other seed of similar size.

(6) An additional charge of $5.00 is required for testing germination of uncleaned seed.

(7) The charge for noxious weed test is equal to one-half of the charge of the purity test.

History

• Rulemaking Authority 578.11(2) FS. Law Implemented 578.11(2)(h) FS. History–New 6-29-62, Amended 9-29-83, Formerly 5E-4.07, Amended 8-17-92, 7-7-19, 1-28-20.

Fla. Admin. Code R. 5E-4.0071 Consumer Request Samples

History

• Rulemaking Authority 570.07(23), 578.11(2)(h) FS. Law Implemented 578.11(2), 578.11(2)(h) FS. History–New 3-4-93, Repealed 7-7-19.

Fla. Admin. Code R. 5E-4.008 Dealer’s Notice to Farmer

History

• Rulemaking Authority 470.07(23), 578.11(2) FS. Law Implemented 578.26 FS. Chapter 88-75, Laws of Florida. History‒New 6-29-62, Amended 9-29-83, Formerly 5E-4.08, Amended 2-7-89, Repealed 6-14-95.

Fla. Admin. Code R. 5E-4.009 Poison Treated Seed

History

• Rulemaking Authority 470.07(23), 578.11(2) FS. Law Implemented 578.09(1)(c) FS. History‒New 1-1-65, Formerly 5E-4.09, Amended 2-7-89, Repealed 6-14-95.

Fla. Admin. Code R. 5E-4.010 Forest Tree Seed Collection Zones

History

• Rulemaking Authority 478.11(2) FS. Law Implemented 578.11(28) FS. History‒New 7-20-63, Formerly 5E-4.10, Repealed 6-14-95.

Fla. Admin. Code R. 5E-4.011 Flower Seed Germination Standards

(1) Flower seed subject to chapter 578, F.S., and their germination standards are as follows:

Standard

Kind

Germ. %

(a) African daisy – Dimorphotheca aurantiacs

55

(b) Ageratum – Ageratum mexicanum

60

(c) Alyssum – Alyssum compactum, A. maritimum, A. procumbens, A. saxatile

60

(d) Amaranthus – Amaranthus spp.

65

(e) Anemone – Anemone coronaria, A. pulsatilla

55

(f) Angels trumpet – Datura arborea

60

(g) Arabis – Arabis alpina

60

(h) Armeria – Armeria spp.

50

(i) Aster, China – Callistephus, chinensis except Pompon, Powderpuff, and Princess types

55

(j) Aster, China – Callistephus chinensis, Pompon, Powderpuff, and Princess types

50

(k) Aubrieta – Aubrieta deltoidea

45

(l) Balsam – Impatiens balsamina

70

(m) Calendula – Calendula officinalis

65

(n) California Poppy – Eschscholtzia californica

60

(o) Calliposis – Coreopsis bicolor, C. drummondi, C. elegans

65

(p) Campanula: Canterbury bells – Campanula medium

60

Cup and Saucer bellflower –

60

Campanula medium calycanthema Carpathian bellflower – Campanula carpatica

50

Peach bellflower – Campanula persicifolia

50

(q) Candytuft, annual – Iberis amara, I. umbellata

65

(r) Candytuft, perennial – Iberis gibraltarica, I. sempervirens

55

(s) Castor bean – Ricinus communis

60

(t) Cathedral Bells – Cobaea scandens

65

(u) Celosia – Celosia argentea

65

(v) Centaurea: Basket flower – Centaurea americana, Cornflower, C. cyanus, Dusty Miller – C. candidissima,

60

Royal centaurea – C. imperialis, Sweet Sultan – C. moschata, Velvet centaurea – C. gymnocarpa

(w) Chinese forget-me-not – Cynoglossum amabile

55

(x) Chrysanthemum, annual – Chrysanthemum carinatum, C. coronarium, C. segetum

40

(y) Clarkia – Clarkia elegans

65

(z) Cleome – Cleome gigantea

65

(aa) Columbine – Aquilegia spp.

50

(bb) Coral bells – Heuchera sanguinea

55

(cc) Coreopsis, perennial – Coreopsis lanceolata

40

(dd) Cosmos: Sensation, Mammoth and Crested types – Cosmos bipinnatus; Klondyke type C. sulphureus

65

(ee) Dahlia – Dahlia spp.

55

(ff) Delphinium, perennial: Belladonna and Bellamosum types; Cardinal larkspur – Delphinium cardinale;

55

Chinensis types; Pacific Giant, and Gold Medal and other hybrids of D. elatum

(gg) Dianthus:

Carnation – Dianthus caryophyllus

60

China pinks – Dianthus chinensis, Heddewigi, Heddensis

70

Grass pinks – Dianthus plumarious

60

Maiden pinks – Dianthus deltoides

60

Sweet William – Dianthus barabatus

70

Sweet Wivelsfield – Dianthurs allwoodi

60

(hh) Dracaena – Dracaena indivisa

55

(ii) English daisy – Bellis perennis

55

(jj) Forget-me-not – Anchusa myosatidiflora

50

(kk) Foxglove-Digitalis spp.

60

(ll) Gaillardia, annual – Gaillardia pulchella, Var. picta; perennial – G. grandiflora

45

(mm) Geranium – Geranium spp.

40

(nn) Geum – Geum spp.

55

(oo) Gilia – Gilia spp.

65

(pp) Godetia – Godetia amonena, G. grandiflora

65

(qq) Gourds: Yellow-flowered – Cucurbita pepo; White- flowered – Langenaria sisceraria;

70

Dishcloth Luffa cylindrica

(rr) Gypsophila: annual baby’s breath – Gypsophila elegans; perennial baby’s breath – G. paniculata,

70

G. pacifica, G. repens

(ss) Helichrysum – Helichrysum Monstrosum

60

(tt) Hollyhock – Alcea rosea

65

(uu) Impatiens – Impatiens spp.

55

(vv) Ipomea: Cypress vine – Ipomea quamoclit; Moonflower – I. Noctiflora; Morning glories,

75

Cardinal Climber, Hearts and Honey vine – Ipomea spp.

(ww) Job’s tears – Coix lacrymajobi

70

(xx) Kochia – Kochia childsi

55

(yy) Larkspur, annual – Delphinium ajacis

60

(zz) Lantana – Lantana camara, L. hybrida

35

(aaa) Linaria – Linaria spp.

65

(bbb) Lobelia, annual – Lobelia erinus

65

(ccc) Lunaria, annual Lunaria annua

65

(ddd) Lupine – Lupinus spp.

65

(eee) Marigold – Tagetes spp.

65

(fff) Marvel of Peru – Mirabilis jalapa

60

(ggg) Mignonette – Reseda odorata

55

(hhh) Myosotis – Myosotis alpestris, M. oblongata, M. pulastris

50

(iii) Nasturtium – Tropaeolum spp.

60

(jjj) Nemesia – Nemesia spp.

65

(kkk) Nemophila – Nemophila insignis

70

(lll) Nicotiana – Nicotiana affinis, N. Sanderae, N. sylvestris

65

(mmm) Nierembergia – Nierembergia spp.

55

(nnn) Nigella – Nigella damascena

55

(ooo) Pansy – Viola tricolor

60

(ppp) Penstemon – Penstemon barabatus, P. grandiflorus, P. Laevigatus, P. Pupescens

60

(qqq) Petunia – Petunia spp.

45

(rrr) Phacelia – Phacelia companularia, P. minor, P. tanacetifolia

65

(sss) Phlox, annual – Phlox drummondi all types and varieties

55

(ttt) Physalis – Physalis spp.

60

(uuu) Poppy: Shirley poppy – Papaver rhoeas; Iceland poppy – P. nudicaule; Oriental poppy –

60

P. orientale; Tulip poppy – P. glaucum

(vvv) Portulaca – Portulaca grandiflora

55

(www) Salpiglossis – Salpiglossis gloxinaeflora, S. sinuata

60

(xxx) Salvia – Scarlet Sage – Salvia splendens; Mealycup Sage (blue bedder) – Salvia farinacea

50

(yyy) Saponaria – Saponaria ocymoides, S. vaccaria

60

(zzz) Scabiosa, annual – Scabiosa atropurpurea

50

(aaaa) Scabiosa, perennial – Scabiosa caucasica

40

(bbbb) Schizanthus – Schizanthus spp.

60

(cccc) Shasta Daisy – Chrysanthemum maximum, C. leucanthemum

65

(dddd) Snapdragon – Antirrhinum spp.

55

(eeee) Solanum – Solanum spp.

60

(ffff) Stocks: Common – Mathiola incana; Evening scented – Mathiola bicornis

65

(gggg) Sunflower – Helianthus spp.

65

(hhhh) Sweet Pea, annual and perennial other than dwarf bush – Lathyrus odoratus, L. latifolius

75

(iiii) Sweet Pea, dwarf bush – Lathyrus odoratus

65

(jjjj) Thunbergia – Thunbergiaalata

60

(kkkk) Torch flower – Tithonia speciosa

70

(llll) Tritoma – Kniphofia spp.

65

(mmmm) Vervain, garden – Verbena hybrida

35

(nnnn) Vinca – Vinca rosea

60

(oooo) Viola – Viola cornuta

55

(pppp) Wallflower – Cheiranthus allioni

65

(qqqq) Zinnia (except linearis and creeping) – Zinnia angustifolia, Z. elegans, Z. grandiflora, Z. gracillima,

65

Z. haegeana, Z. multiflora, Z. pumila

(rrrr) Zinnia, linearis and creeping – Zinnia linearis, Sanvitalia procumbens

50

(2) Kinds not listed

50

(3) No flower seed marked below standard may be sold which germinate less than 30%.

(4) A mixture of kinds of flower seed will be considered to be below standard if the germination of any kind or combination of kinds constituting 25 percent or more of the mixture by number is below standard for the kind or kinds involved.

History

• Rulemaking Authority 578.11(2)(b) FS. Law Implemented 578.11(2)(b) FS. History–New 11-21-69, Formerly 5E-4.11, Amended 8-17-92, 7-7-19.

Fla. Admin. Code R. 5E-4.012 Forest Tree Seed

History

• Rulemaking Authority 478.11(2) FS. Law Implemented 578.11(2) FS. History‒New 11-21-69, Formerly 5E-4.12, Repealed 6-14-95.

Fla. Admin. Code R. 5E-4.013 Seed Aircraft Registration, Inspection, Security, Transactions, Recordkeeping, Area-of-Application Information and Forms

(1) Registration. Each aircraft used for aerial application of any seed must be annually registered with the department. Application for registration shall be on form Application For Aircraft Registration, FDACS-13354 Rev 10/13 or via the Aircraft Registration Transaction Reporting Website located https://aerial.freshfromflorida.com. The completed registration form shall be submitted to the Pesticide Certification Office, 3125 Conner Blvd., Bldg. 8, Tallahassee, Florida 32399-1650. The registration shall be submitted to the Department on or before June 30 of each year.

(2) Inspection. Authorized department representatives may inspect aircraft required to be registered with the department under this rule during normal working hours without prior notification or as determined necessary in an emergency situation.

(3) Security. Each aircraft used for aerial application of any seed shall be secured when not in use. Secured storage shall include the aircraft being: within a locked building, locked in place securely, mechanically disabled from flying, or any other reasonable method which would prevent or deter theft or unauthorized use.

(4) Transactions. Any purchase, sale, rental, leasing, or transfer of ownership of an aircraft required to be registered with the department pursuant to subsection (1) above shall be transmitted to the department on (1) Florida Department of Revenue Form DR-15AIR Rev. 01/16 Sales and Use Tax Return for Aircraft or (2) Aircraft Bill of Sale Form AC 8050-2 Rev. 10/18 or (3) Report of Aircraft Transaction FDACS-13355 Rev. 10/13 within 24 hours of the transaction.

(5) Recordkeeping. Aerial applicators shall maintain records relating to each application of seed. Such records shall be retained for a period of two (2) years and shall be maintained in a manner that is accessible upon request by the Department.

(a) Name and FAA license number of the licensee responsible for the seed application;

(b) Date and time of treatment;

(c) Location of treatment site, which may be recorded using any of the following designations:

1. County, range, township and section;

2. An identification system utilizing maps and/or written descriptions which accurately identify the location and distinguish the treatment site from other sites;

3. The legal property description; or

4. Global Positioning Satellite (GPS) coordinates or Longitude/Latitude points which delineate the treated area.

(d) Name of the person requesting or authorizing the application;

(e) Aircraft manufacturer, make and model;

(f) FAA aircraft registration number;

(g) Originating airport/airstrip.

(6) Area-of-Application Information. The information listed in paragraphs (5)(a) through (5)(g), is required only when contained within a declaration of an Executive Order pursuant to the emergency powers granted to the Governor or the Commissioner of Agriculture declaring an emergency in the State of Florida. Such information shall be provided and filed with the Department in a manner determined within the declaration.

(7) Forms. The following forms are hereby incorporated by reference and available at the links below. These forms may be obtained from the Florida Department of Agriculture and Consumer Services, Pesticide Certification Office, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650, telephone (850)617-7870.

(a) Application for Aircraft Registration FDACS-13354, Rev. 10/13 http://www.flrules.org/Gateway/reference.asp?No=Ref-03553.

(b) Sales and Use Tax Return for Aircraft (DR-15AIR), Rev. 1/16 http://www.flrules.org/Gateway/reference.asp?No=Ref-10678.

(c) Aircraft Bill of Sale Form AC 8050-2, New 10/18 http://www.flrules.org/Gateway/reference.asp?No=Ref-10665.

(d) Report of Aircraft Transaction FDACS-13355, (Rev. 10/13) http://www.flrules.org/Gateway/reference.asp?No=Ref-03554.

History

• Rulemaking Authority 570.07(23), 578.11(2)(j) FS., Chapter 2001-360, Laws of Florida. Law Implemented 578.11(2)(j) FS., Chapter 2001-360, Laws of Florida. History–New 6-9-02, Amended 7-7-19.

Fla. Admin. Code R. 5E-4.014 Seed Dealer Registration Fees

The Application for Registration as a Seed Dealer, FDACS-13204, Rev. 05/19, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10674, shall be submitted annually for each place of business at which seed is sold, distributed for sale, offered for sale, exposed for sale, or handled for sale, and shall be accompanied by the applicable fee established in Section 578.08, F.S. The Application for Registration as a Seed Dealer, FDACS-13204, Rev. 05/19, may be obtained from the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 or by visiting the Department’s website at www.FreshFromFlorida.com.

History

• Rulemaking Authority 570.07(23), 578.11(2)(i) FS. Law Implemented 578.08(1) FS. History–New 1-18-10, Amended 7-7-19.

Fla. Admin. Code R. 5E-4.016 Hemp Seed and Cultivars

(1) Definitions. The definitions provided in Sections 578.011, 581.217, F.S., and the following shall apply to Section 581.217, F.S., and this rule:

(a) “Certified hemp seed” means a class of hemp seed which is the progeny of breeder, foundation, or registered hemp seed certified by a certifying agency.

(b) “Pilot project hemp cultivar” is a clone or propagule of hemp approved by an institution or university conducting an industrial hemp pilot project pursuant to Section 1004.4473, F.S.

(c) “Pilot project hemp seed” is hemp seed approved by an institution or university conducting an industrial hemp pilot project pursuant to Section 1004.4473, F.S.

(d) “Total delta-9-tetrahydrocannabinol concentration” means [delta-9-tetrahydrocannabinol] + (0.877 x [tetrahydrocannabinolic acid)].

(2) Pilot project hemp cultivars.

(a) An institution or university conducting an industrial hemp pilot project pursuant to Section 1004.4473, F.S., may approve pilot project hemp cultivars by complying with the following:

1. Obtain a sample of the hemp cultivar and documentation evidencing the identity and origin of the hemp cultivar to be approved; and

2. Following at least one growth cycle of a minimum of twelve (12) weeks, harvest all viable plants from the sample hemp cultivars, and perform testing on a representative sample to ensure the total delta-9-tetrahydrocannabinol concentration does not exceed 0.3 percent on a dry-weight basis. If the total delta-9-tetrahydrocannabinol concentration of the representative sample does not exceed 0.3 percent on a dry-weight basis, it may be approved by the institution or university. Collection of the representative sample must be done in accordance with the Hemp Field Sampling Manual, FDACS-08119, 12/19, incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11493. The Hemp Sample Submission Form FDACS-08113 rev. 12/19 is incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11492; and

3. Maintain records of all pilot project hemp cultivars approved by the institution or university for a minimum of two years.

(b) Approved pilot project hemp cultivars must be labeled as “Pilot Project Hemp Cultivar” and clearly identify the university or institution that granted the approval.

(3) Pilot project hemp seed.

(a) An institution or university conducting an industrial hemp pilot project pursuant to Section 1004.4473, F.S., shall follow all requirements found in Chapter 578, F.S., and rule Chapter 5E-4, F.A.C., when approving pilot project hemp seed.

(b) An institution or university conducting an industrial hemp pilot project pursuant to Section 1004.4473, F.S., may approve pilot project hemp seed by complying with the following:

1. Obtain a sample of the hemp seed and documentation evidencing the identity and origin of the hemp seed to be approved; and

2. Perform testing to determine purity, germination, and noxious weed seed content as set forth in Rules 5E-4.003 and 5E-4.006, F.A.C. The manner of sampling, laboratory testing, and the tolerances to be applied to the results shall be the same as that set forth in the “2019 AOSA Rules for Testing Seed” published by The Association of Official Seed Analysts which is hereby incorporated by reference. Copies may be obtained from AOSA, 653 Constitution Avenue N.E., Washington, DC 20002, USA or https://www.analyzeseeds.com/publications/, and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of the aftermentioned materials on the internet for purposes of public examination would violate federal copyright law; and

3. Following at least one growth cycle of a minimum of twelve (12) weeks, harvest all viable plants from the sample hemp seed, and perform testing on a representative sample of the plants to ensure the total delta-9-tetrahydrocannabinol concentration does not exceed 0.3 percent on a dry-weight basis. If the total delta-9-tetrahydrocannabinol concentration of the representative sample does not exceed 0.3 percent on a dry-weight basis, it may be approved by the institution or university. Collection of the representative sample must be done in accordance with the Hemp Field Sampling Manual, FDACS-08119, 12/19; and

4. Maintain records of all pilot project hemp seed approved by the institution or university pursuant to Section 578.23, F.S.

(c) Approved pilot project hemp seed must be labeled according to Rule 5E-4.002, F.A.C., include the statement “Pilot Project Hemp Seed” and clearly identify the university or institution that granted the approval.

History

• Rulemaking Authority 570.07(23), 578.11(2), 581.217(12) FS. Law Implemented 578.011(8), 578.23, 581.217(6), 581.217(12) FS. History–New 1-28-20.

Chapter 5E-9 LICENSED PESTICIDE APPLICATORS AND DEALERS

Fla. Admin. Code R. 5E-9.001 Licensing and Exemptions

History

• Rulemaking Authority 487.154(1) FS. Law Implemented 487.152, 487.155, 487.166 FS. History‒New 12-11-75, Amended 7-6-76, 3-25-79, Formerly 5E-9.01, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.002 License Classification

History

• Rulemaking Authority 487.154(1) FS. Law Implemented 487.153(5), (23), (24), 487.155(1)(a) FS. History‒New 12-11-75, Amended 12-2-76, Formerly 5E-9.02, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.003 Commercial and Public Applicator Classifications or Categories of Certification

History

• Rulemaking Authority 487.051(2), (4), 487.154, 570.07(23) FS. Law Implemented 487.155(2), 487.171 (1988 Supp.) FS. History‒New 12-11-75, Amended 12-2-76, Formerly 5E-9.03, Amended 2-2-87, 8-2-89, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.004 Private Applicators

History

• Rulemaking Authority 487.154 FS. Law Implemented 487.153(23), 487.155(1) FS. History‒New 12-11-75, Amended 12-2-76, 3-25-79, Formerly 5E-9.04, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.005 Public Applicators

History

• Rulemaking Authority 487.154 FS. Law Implemented 587.153(24), 487.155(1) FS. History‒New 12-11-75, Amended 3-25-79, Formerly 5E-9.05, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.006 Certification Standards for Private Applicators

History

• Rulemaking Authority 487.154, 570.07(23) FS. Law Implemented 587.155(1) FS. History‒New 12-11-75, Amended 12-2-76, 4-20-83, Formerly 5E-9.06, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.007 Certification Standards for Commercial and Public Applicators

History

• Rulemaking Authority 487.151(2), (4), 487.154, 570.07(23) FS. Law Implemented 587.155(1), (4), 487.171 (1988 Supp.) FS. History‒New 12-11-75, Amended 12-2-76, Formerly 5E-9.07, Amended 12-2-86, 3-11-87, 8-2-89, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.008 Examination and Certification for Commercial and Public Applicators

History

• Rulemaking Authority 487.154 FS. Law Implemented 587.155(4), 487.155(5) FS. History‒New 12-11-75, Amended 12-2-76, 3-25-79, Formerly 5E-9.08, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.009 License Fee; Renewal Fee

History

• Rulemaking Authority 487.051(2), (4), 487.154, 487.155(5), 570.07(23) FS. Law Implemented 587.155(5) FS. History‒New 12-11-75, Amended 12-2-76, 4-20-83, Formerly 5E-9.09, Amended 3-11-87, 8-28-90, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.010 License Renewal, Renewal Schedule, License Penalty, and Recertification

History

• Rulemaking Authority 487.051(2), (4), 487.154, 570.07(23) FS. Law Implemented 587.157, 487.171 FS. History‒New 12-11-75, Amended 3-25-79, 4-20-83, Amended 3-25-79, 4-20-83, Formerly 5E-9.10, Amended 3-11-87, 8-2-89, 8-28-90, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.011 Reexamination

History

• Rulemaking Authority 487.154, 570.07(23) FS. Law Implemented 587.155(4), 487.157 FS. History‒New 12-11-75, Amended 12-2-76, 3-25-79, 4-20-83, Formerly 5E-9.11, Amended 3-11-87, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.012 License Penalty

History

• Rulemaking Authority 487.154 FS. Law Implemented 587.157 FS. History‒New 12-11-75, Formerly 5E-9.12, Repealed 3-11-87.

Fla. Admin. Code R. 5E-9.0121 Continuing Education Unit (CEU) Program

History

• Rulemaking Authority 487.154, 570.007(23) FS. Law Implemented 587.157 FS. History‒New 3-11-75, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.013 Non-resident Licensee Requirements

History

• Rulemaking Authority 487.154, 570.07(23) FS. Law Implemented 587.155(8) FS. History‒New 12-11-75, Amended 4-20-83, Formerly 5E-9.13, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.014 Records

History

• Rulemaking Authority 487.154, 570.07(23) FS. Law Implemented 587.160 FS. History‒New 12-11-75, Amended 3-25-79, 4-20-83, Formerly 5E-9.14, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.015 Direct Supervision of Unlicensed Applicators or Mixer-Loaders; Instructions and Training; Warning

History

• Rulemaking Authority 487.154, 570.07(23) FS. Law Implemented 587.153(27), 487.1585 FS. History‒New 12-11-75, Amended 3-25-79, 4-20-83, Formerly 5E-9.15, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.016 Financial Responsibility

History

• Rulemaking Authority 487.154, 570.07(23) FS. Law Implemented 587.155(7) FS. History‒New 4-20-83, Formerly 5E-9.16, Repealed 6-9-94.

Fla. Admin. Code R. 5E-9.017 Definitions

(1) “Agricultural commodity” means any plant, or part thereof, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals.

(2) “Fumigant” means any pesticide product that is a vapor or gas, or forms a vapor or gas on application, and whose method of pesticidal action is through the gaseous state.

(3) “Licensed health care professional” means a physician, nurse, emergency medical technician, or other qualified individual, licensed or certified by a State to provide medical treatment.

(4) “Medical emergency” means a situation that requires immediate medical treatment or first aid to treat possible symptoms of pesticide poisoning or exposure.

(5) “Opened container” means any pesticide product container which has had the manufacturer’s seal broken, regardless of whether the container has been resealed.

(6) “Primary category” means a license classification that is valid by itself, without the need for additional licensure in any other category.

(7) “Secondary category” means a license classification that is valid only in combination with an applicable primary category.

(8) “Use” means performance of the following pesticide related activities: application, mixing, loading, or transferring pesticide product from one container to another; handling opened containers; cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that contain pesticide formulations or mixtures; or disposing of pesticides or pesticide containers. The term does not include handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been triple rinsed or equivalent. The term also does not include handling pesticide mixing, loading, or application equipment that has been emptied or cleaned in a manner comparable to labeling instructions for cleaning the containers of pesticides which have been contained within or otherwise in direct contact with that equipment.

History

• Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.0435, 487.051 FS. History–New 6-9-94, Amended 7-2-95.

Fla. Admin. Code R. 5E-9.018 Scope of Licensure Requirements

History

• Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.031(1), (8), (9), 487.0435, 487.049(1), 487.051(2) FS. History‒New 6-9-94, Repealed 7-2-95.

Fla. Admin. Code R. 5E-9.019 Pesticide Applicator Licenses

(1) License types. Each individual licensed as a pesticide applicator must be licensed in one of three license types and must be licensed in a minimum of one primary category. License types are:

(a) Private applicator license. A private applicator license is valid for use by private applicators as defined in Section 487.021(52), F.S.

(b) Public applicator license. A public applicator license is valid for use by public applicators as defined in Section 487.021(55), F.S.

(c) Commercial applicator license. A commercial applicator license is valid for use by commercial applicators as defined in Section 487.021(16), F.S. A commercial applicator shall not be required to have a private applicator license to function as a private applicator; nor shall a commercial applicator be required to have a public applicator license to function as a public applicator; provided the commercial categories in which the applicator is licensed are the appropriate categories for the applications to be made.

(2) Restrictions on license types.

(a) Aerial application. No license type is valid for aerial application of pesticides unless the license includes the aerial category. The aerial category is available only to commercial and public applicators.

(b) Fumigation. With the exception of the regulatory pest control category, the public and commercial license types are not valid for fumigation using restricted use fumigants unless the license includes the appropriate fumigation category.

(c) Demonstration and Research. The private license type is not valid for demonstration or research use of restricted use pesticides. The public and commercial license types are not valid for demonstration or research use of restricted use pesticides unless the license includes the demonstration and research category.

History

• Rulemaking Authority 487.0435, 570.07(23) FS. Law Implemented 487.0435 FS. History–New 6-9-94, Amended 7-2-95, 2-21-02, 9-16-04.

Fla. Admin. Code R. 5E-9.020 Pesticide Dealer License

History

• Rulemaking Authority 487.049, 570.07(23) FS. Law Implemented 487.049 FS. History‒New 6-9-94, Repealed 7-2-95.

Fla. Admin. Code R. 5E-9.021 Categories of Licensure for Pesticide Applicators

(1) Description of primary categories.

(a) Category 1A1 – Agricultural Row Crop Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural crops other than tree crops, including but not limited to tobacco; peanuts; cotton; feed grains; soybeans and forage crops; vegetables; small fruits not produced on trees; grasslands; or non-crop agricultural lands; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.

(b) Category 1A2 – Agricultural Tree Crop Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural tree crops, including but not limited to citrus; pecans; or other fruits, nuts, or agricultural crops grown on trees; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.

(c) Category 1B – Agricultural Animal Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural animals, including but not limited to beef or dairy cattle, swine, sheep, horses, goats, poultry, fish, or other agricultural livestock. Use in the production of agricultural animals means applications of pesticides on or to the animals themselves or in or on places where such animals are kept or confined or places such animals are likely to be kept or confined. Doctors of Veterinary Medicine engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large-scale use of pesticides, must be licensed in this category. This category is valid for licensure of commercial and public applicators.

(d) Category 1C – Private Applicator Agricultural Pest Control. This category includes individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of agricultural plants, including but not limited to tobacco, peanuts, cotton, feed grains, soybeans, forage, vegetables, fruits, nuts, forests, ornamental trees, shrubs, flowers, or turf; or in the fumigation of soil, agricultural structures, or raw agricultural commodities; or in the production of agricultural animals, including but not limited to beef or dairy cattle, swine, sheep, horses, goats, poultry, fish, or other agricultural livestock, and including places on or in which animals are kept or confined or places where such animals are likely to be kept or confined; and on grasslands and non-crop agricultural lands. This category is valid solely for licensure of private applicators.

(e) Category 1D – Soil and Greenhouse Fumigation. This category is applicable to individuals using or supervising the use of any restricted use fumigant pesticide injected or applied to field soils; to the soils of seed or transplant beds or containerized plants; to potting soil; to lawns, turf, and ornamentals not associated with structures; or within enclosed agricultural structures such as greenhouses where agricultural production is in progress. This category is valid for licensure of public and commercial applicators.

(f) Category 1E – Raw Agricultural Commodity Fumigation. This category is applicable to individuals using or supervising the use of any restricted use fumigant pesticide injected or otherwise applied to any post-harvest raw agricultural commodity within any storage facility, during processing or manufacturing procedures, or applied to or within a storage facility prior to the facility receiving a raw agricultural commodity for storage or after a raw agricultural commodity has been removed from such a facility. Storage facilities include but are not limited to corn cribs, grain elevators, tobacco barns, produce trailers, farm vehicles used to store agricultural commodities, processing plant bins or storage rooms for raw commodities, and any other enclosed structure used to contain a harvested raw agricultural commodity. This category is valid for licensure of public and commercial applicators.

(g) Category 2 – Forest Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in forests, forest nurseries, and forest seed orchards; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of public and commercial applicators.

(h) Category 3 – Ornamental and Turf Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the production of ornamental trees, shrubs, flowers, or turf; or for the maintenance of any such ornamental plants or turf grasses growing in or on cemeteries, golf courses, parks, or athletic fields; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.

(i) Category 4 – Seed Treatment. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides designated by the Department as requiring licensure, on seeds; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.

(j) Category 5A – Aquatic Pest Control. This category is applicable to individuals using or supervising the use of any restricted use pesticide, or other pesticide requiring licensure, used or applied to any standing or running water, including banks or shorelines, excluding infusion of chlorine gas as described in Category 7B and applicators engaged in public health related activities as defined in Chapter 388, F.S., and the rules thereunder. This category is valid for licensure of commercial and public applicators.

(k) Category 5B – Organotin Antifouling Paint Pest Control. This category is applicable to individuals using or supervising the use of organotin antifouling paints classified as restricted use pesticides, or other pesticides requiring licensure, to control or prevent the growth of aquatic or marine organisms on submerged portions of aquatic or marine objects, structures or vessels. This category is valid for licensure of commercial and public applicators.

(l) Category 6 – Right-of-Way Pest Control. This category is applicable to individuals using or supervising the use of restricted use pesticides, or other pesticides requiring licensure, in the maintenance of right-of-way areas associated with public roads, electric power lines, pipelines, railroads, and other similar areas; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.

(m) Category 7A – Wood Treatment. This category is applicable to individuals using or supervising the use of restricted use wood preservative pesticides, or other pesticides requiring licensure, in wood treatment facilities in the production of treated wood products; but not including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of commercial and public applicators.

(n) Category 7B – Chlorine Gas Infusion. This category is applicable to individuals using or supervising the use of chlorine gas to treat water in residential swimming pools by means of a portable system. Persons licensed in this category are authorized to use only those chlorine gas products specifically registered by the U.S. Environmental Protection Agency and the department with label directions for application to residential swimming pools. Individuals who conduct or supervise water treatment through the use of machinery permanently attached to all pools are exempt from this licensure requirement. This category is valid for licensure of commercial applicators.

(o) Category 7C – Sewer Root Control. This category is applicable to individuals using or supervising the use of restricted use pesticides to control or prevent the growth of roots in sewer lines or pipes. This category is valid for licensure of commercial and public applicators.

(p) Category 9 – Regulatory Pest Control. This category is applicable to state, federal, and other government employees who use or supervise the use of restricted use pesticides, or other pesticides requiring licensure, in the control of regulated pests, including the use or supervision of restricted use fumigant pesticides. This category is valid for licensure of public applicators.

(q) Category 11 – Aerial Application. This category is applicable to individuals who apply any pesticide from an aircraft. This category is valid for licensure of public and commercial applicators for treatment sites that may legally (according to product label direction) be treated by aerial application under Chapter 487, F.S.

(r) Category 20 – Regulatory Inspection and Sampling. This category is applicable to government employees who collect regulatory samples of restricted use pesticides or conduct inspections involving the handling of opened containers of restricted use pesticides to determine compliance with applicable laws and regulations. Licensure in this category shall not be required of government inspection or sampling employees licensed in another public or commercial pesticide applicator category in accordance with this chapter, Chapter 388 or 482, F.S. This category is valid solely for licensure of public applicators. Licensure in this category does not authorize the application of restricted use pesticides.

(s) Category 21 – Natural Areas Weed Management. This category is applicable to individuals who use or supervise the use of restricted use herbicides to control unwanted vegetation to protect natural communities of conservation and recreation lands and natural areas. This category is valid for licensure of commercial and public applicators. Applicators acting under the authority of another license category prior to this category being established may continue activities under the alternate category until license renewal or expiration.

(2) Description of secondary category.

Category 10 – Demonstration and Research. This category is applicable to the following: 1) individuals who publicly demonstrate or supervise the demonstration of the proper use and application techniques of restricted use pesticides or other pesticides requiring licensure. Such individuals may include but are not limited to extension specialists, county agents, commercial industry representatives, and other individuals who demonstrate pesticide handling procedures used in public programs; and 2) individuals who conduct or supervise field research that utilizes restricted use pesticides or other pesticides requiring licensure. Licensure in this category authorizes pesticide demonstration and research only in accordance with other categories in which licensure is held. This category is valid for licensure of commercial and public applicators.

(3) Requirements and restrictions on category licensure.

(a) Private applicators who apply restricted use pesticides by ground application must be licensed in Category 1C – Private Applicator Agricultural Pest Control. No other primary or secondary categories are available for licensure of private applicators.

(b) Public and commercial applicators must be licensed in a minimum of one primary category, exclusive of Category 1C – Private Applicator Agricultural Pest Control. The latter category is not valid for licensure of public or commercial applicators.

(c) Public and commercial applicators must be licensed in all primary and secondary categories applicable to the types of pesticide applications to be made. Exceptions: 1) Category 1C does not apply to public or commercial applicators; 2) Individuals licensed in Category 9 need not be licensed in Category 1D or 1E; 3) Aerial applicators who make no ground applications and no pest management decisions, but only apply pesticides aerially at the request of another party who has made the necessary determinations regarding pest management and pesticide application, do not need to be licensed in any category except Category 11. Aerial applicators who make determinations regarding pest management and pesticide application must be licensed in the aerial category and all other categories applicable to the treatment site(s).

History

• Rulemaking Authority 487.0435, 570.07(23) FS. Law Implemented 487.0435 FS. History–New 6-9-94, Amended 7-2-95, 9-24-98, 6-27-99, 2-21-02, 9-16-04.

Fla. Admin. Code R. 5E-9.022 Description of Categories

History

• Rulemaking Authority 487.0435, 570.07(23) FS. Law Implemented 487.0435, 487.0437 FS. History‒New 6-9-94, Repealed 7-2-95.

Fla. Admin. Code R. 5E-9.023 General Certification Standards for All Licensed Applicators

All individuals seeking licensure must demonstrate knowledge of the safe use and handling of pesticide products. Possession of such knowledge shall include having a working knowledge of the following areas of competency as they apply to the specific categories in which licensure is sought:

(1) Pesticide labels and labeling comprehension, including:

(a) The general format and terminology of pesticide labels and labeling;

(b) The understanding of instructions, warnings, terms, symbols, and other information appearing on pesticide labels;

(c) Classification of the product (unclassified or restricted use); and

(d) Necessity for use consistent with the label.

(2) Pesticide safety, including:

(a) Pesticide toxicity, hazards to man, and common exposure routes;

(b) Common types and causes of pesticide accidents;

(c) Precautions necessary to guard against injury to applicators and other individuals in or near treated areas;

(d) Need for and use of protective clothing and personal protective equipment;

(e) Signs and symptoms of pesticide poisoning;

(f) First aid and other procedures to be followed in case of a pesticide accident; and

(g) Proper identification, storage, transport, handling, mixing and loading procedures and disposal methods for pesticides and empty pesticide containers, including management actions and precautions to be taken to prevent children or other individuals from having access to pesticides or pesticide containers.

(3) Environmental – The potential environmental consequences of the use and misuse of pesticides as may be influenced by factors such as:

(a) Weather and climate;

(b) Terrain, geological features, and soil type;

(c) Presence of fish or other wildlife, and other non-target organisms; and

(d) Wetlands, other bodies of water, and soil drainage patterns.

(4) Pest features, including:

(a) Common features of pest organisms and characteristics of damage needed for pest recognition;

(b) Identifying features of relevant pests; and

(c) Pest development and biology relevant to problem identification or pest control.

(5) Pesticide factors, including:

(a) Types of pesticides;

(b) Types of formulations;

(c) Compatibility, synergism, persistence, and animal or plant toxicity of pesticide formulations;

(d) Hazards and residues associated with use;

(e) Factors which may influence effectiveness or lead to pesticide resistance; and

(f) Pesticide mixing, loading, dilution, or other preparation procedures.

(6) Pesticide application equipment, including:

(a) Types and components of equipment and advantages and limitations of each; and

(b) Equipment use, maintenance and calibration.

(7) Application methodology, including:

(a) Methods used to apply various formulations of pesticides, and the knowledge of which formulation and application method should be used in a given situation;

(b) Characteristics that distinguish between proper and improper pesticide applications; and

(c) Methods of minimizing or preventing pesticide drift into the environment.

(8) Laws and regulations – applicable state and federal laws and regulations.

History

• Rulemaking Authority 487.0435, 570.07(23) FS. Law Implemented 487.0435, 487.044 FS. History–New 6-9-94.

Fla. Admin. Code R. 5E-9.024 Category Certification Standards

(1) Primary categories.

(a) Category 1A1 – Agricultural Row Crop Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of agricultural row crops and associated pests, the chemical control measures that pertain to the prevention or control of such pests, the equipment or methodologies used to safely and effectively implement such measures, the potential for pesticide residues on such crops, preharvest application intervals, post-application reentry interval restrictions, phytotoxicity, pesticide-related soil or water problems, potential for pesticide-induced environmental contamination, and non-target injury and community problems that may result from the improper use of pesticides in agricultural row crop production. Applicators in this category shall also demonstrate practical knowledge of the procedures and equipment used to apply pesticides with irrigation water through an irrigation system. This knowledge shall include equipment calibration; proper design, use, and maintenance of anti-siphon devices and check valves to prevent pesticide contamination of water supplies; proper interpretation of pesticide label or labeling requirements for products registered for chemigation; and appropriate use of personal protective equipment associated with this type of application.

(b) Category 1A2 – Agricultural Tree Crop Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of the agricultural tree crops and associated pests, the chemical control measures that pertain to the prevention or control of such pests, the equipment or methodologies required to safely and effectively implement such measures, the potential for pesticide residues on food crops, preharvest application intervals, post-application reentry interval restrictions, phytotoxicity, pesticide-related soil or water problems, potential for pesticide-induced environmental contamination, and non-target injury or community problems that may result from the improper use of pesticides in agricultural tree crop production. Applicators in this category shall also demonstrate practical knowledge of the procedures and equipment used to apply pesticides with irrigation water through an irrigation system. This knowledge shall include equipment calibration; proper design, use, and maintenance of anti-siphon devices and check valves to prevent pesticide contamination of water supplies; proper interpretation of pesticide label or labeling requirements for products registered for chemigation; and appropriate use of personal protective equipment associated with this type of application.

(c) Category 1B – Agricultural Animal Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of agricultural animal production and associated pests, the chemical control measures that pertain to the prevention or control of such pests, the equipment or methodologies required to safely and effectively implement such measures, the specific toxicity of such pesticides and associated residue potential, and the potential for animal injury associated with pesticide formulation, application techniques, animal age or stress, and extent of treatment.

(d) Category 1C – Private Applicator Agricultural Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of agricultural plant and animal production, associated pests, the chemical control measures that pertain to the prevention or control of such pests, the equipment or methodologies required to safely and effectively implement such measures, preharvest application intervals, post-application reentry interval restrictions, specific pesticide toxicity, and the potential for: pesticide residues in agricultural commodities; phytotoxicity; pesticide-related soil or water impacts; pesticide-induced environmental contamination; non-target injury; off-site problems that may result from the improper use of pesticides in agricultural production; and animal injury associated with pesticide formulation, application techniques, animal age or stress, or extent of treatment. Applicators in this category shall also demonstrate practical knowledge of the procedures and equipment used to apply pesticides with irrigation water through an irrigation system. This knowledge shall include equipment calibration; proper design, use, and maintenance of anti-siphon devices and check valves to prevent pesticide contamination of water supplies; proper interpretation of pesticide label or labeling requirements for products registered for chemigation; and appropriate use of personal protective equipment associated with this type of application. Applicators seeking licensure in this category shall also demonstrate practical knowledge of soil-inhabiting pests and pests of stored raw agricultural commodities, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology; application methodologies for applying soil and commodity fumigants; techniques and procedures for monitoring the concentration of a fumigant pesticide in soil, storage facilities, air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide.

(e) Category 1D – Soil and Greenhouse Fumigation. Applicators seeking licensure in this category shall demonstrate practical knowledge of soil-inhabiting pests and pests of agricultural crops grown inside structures such as greenhouses, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology; application methodologies for applying soil and structural fumigants; techniques and procedures for monitoring the concentration of a fumigant pesticide in soil, air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide.

(f) Category 1E – Raw Agricultural Commodity Fumigation. Applicants seeking licensure in this category shall demonstrate practical knowledge of pests of stored raw agricultural commodities, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology; application methodology for fumigating stored agricultural commodities; techniques and procedures for monitoring the concentration of a fumigant pesticide in a storage facility or in air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide.

(g) Category 2 – Forest Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of the types of forests, forest nurseries and seed orchards in Florida and associated pests, forest population dynamics, relative biotic agents and vulnerability to pesticides, the chemical control measures that pertain to the prevention or control of forest pests, and the equipment or methodologies required to safely and effectively implement such measures while avoiding adverse effects on wildlife, ground or surface water, and recreational areas visited by the general public.

(h) Category 3 – Ornamental and Turf Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge and recognition of pesticide problems associated with the production and maintenance of ornamental plants and turfgrasses, the chemical control measures that pertain to the prevention or control of such pests and the equipment or methodologies required to safely and effectively implement such measures. This knowledge shall encompass an understanding of potential non-target injury due to drift and implementation of application methods to minimize exposure to humans, pets, or other domestic animals.

(i) Category 4 – Seed Treatment. Applicators seeking licensure in this category shall demonstrate practical knowledge of the types of seeds that require chemical protection against pests, the chemical control measures that pertain to the control of such pests, and the equipment or methodologies required to safely and effectively implement such pest control measures. This knowledge shall include understanding the significance of coloring treated seed; the effects of carriers and surface active agents which influence pesticide binding and may affect germination; the hazards associated with handling, sorting and mixing, packaging and labeling treated seed; misuse of treated seed, such as introduction of treated seed into food and feed channels; and proper disposal of unused treated seeds.

(j) Category 5A – Aquatic Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of pest organisms in aquatic environments, the chemical control measures that pertain to the control of such pests, and the equipment or methodologies required to safely and effectively implement such pest control measures. This knowledge shall include understanding calculation of volume of water to be treated; application rates; pH; potential secondary effects; various water use situations and the potential of downstream effects; potential pesticide effects on non-target organisms; and the principles of limited area application.

(k) Category 5B – Organotin Antifouling Paint Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of the principles and practices of using antifouling paints, including toxicity to humans and non-target organisms via common exposure routes; proper cleaning, disposal and containment techniques; climatic factors that may influence environmental hazards; common types and features of target and non-target aquatic/marine organisms; proper handling, mixing and application procedures; and, the laws and regulations governing pesticides and antifouling paints.

(l) Category 6 – Right-of-Way Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of pests that occur in right-of-way areas accompanying roads, electric lines and substations, pipelines, railroads, and similar situations and measures for control. This knowledge shall include types of herbicides used on right-of-way areas; chemical control measures that pertain to the prevention and control of right-of-way pests; equipment or methodologies required to safely and effectively implement such measures; pesticide runoff and drift prevention; recognition of target organisms; actions necessary to prevent excessive foliage destruction; and potential effects on non-target and off-site organisms.

(m) Category 7A – Wood Treatment. Applicators seeking licensure in this category shall demonstrate practical knowledge in using wood preservatives, air monitoring procedures, personal protective clothing and equipment, hygiene, related health and safety measures, emergency procedures, and practices necessary to prevent environmental contamination.

(n) Category 7B – Chlorine Gas Infusion. Applicators seeking licensure in this category shall demonstrate practical knowledge of the safe handling and application of liquefied chlorine gas for treatment of swimming pools, hot tubs and spas. This will include a knowledge of the toxicology of liquefied chlorine gas, the dispersion properties and other characteristics of gaseous chemicals, equipment types, calibration procedures, application techniques, air and water monitoring procedures, use and maintenance of personal protective equipment and clothing, and factors that may lead to a hazardous condition, including handling of pressurized chemicals and direct or continuous exposure to chlorine gas.

(o) Category 7C – Sewer Root Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of the safe handling and proper application of sewer root control chemicals, including practical knowledge of root growth and biology; equipment types and calibration procedures; proper pesticide handling, mixing and application procedures; proper use and maintenance of personal protective equipment; toxicity of root control pesticides to humans and non-target organisms via common exposure routes; proper cleaning, disposal and containment techniques; effects of root control pesticides on ground water, sewage treatment plants, septic tanks, holding tanks, lift stations, and other sewage treating, conveying, or handling equipment; environmental effects; factors that may lead to a hazardous condition; and the laws and regulations governing pesticide use.

(p) Category 9 – Regulatory Pest Control. Applicators seeking licensure in this category shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulatory measures, environmental impact of pesticides used in suppression and eradication programs, and factors that may influence the introduction, spread, or population dynamics of regulated pests. Such knowledge shall extend beyond that relevant to Florida situations because of the necessity to assist periodically throughout the U.S. with regulated pests. Applicators shall also demonstrate practical knowledge of soil-inhabiting pests and pests of agricultural crops grown inside structures such as greenhouses, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology; application methodologies for applying soil and space fumigants; techniques and procedures for monitoring the concentration of a fumigant pesticide in soil, air or water; use and maintenance of personal protective equipment and clothing; and specific safety procedures for handling pressurized chemicals and for avoiding non-target exposure to a fumigant pesticide. Applicants seeking licensure in this category shall demonstrate practical knowledge of pests of stored raw agricultural commodities, the fumigant pesticides that may be used to control such pests, and the equipment or methodologies required to safely implement fumigation measures to control such pests. This knowledge shall include the basics of fumigant pesticide toxicology and application methodology for fumigating stored agricultural commodities.

(q) Category 11 – Aerial Application. Applicators seeking licensure in this category shall demonstrate a practical knowledge of the principles and practices of aerial pest control and the safe application of pesticides by aerial delivery means.

(r) Category 20 – Regulatory Inspection and Sampling. There are no specific certification standards for this category. The general certification standards listed in Rule 5E-9.023, F.A.C., are all that is required for licensees in this category.

(s) Category 21 – Natural Areas Weed Management. Applicators seeking licensure in this category shall demonstrate practical knowledge of pest plants that invade natural communities in Florida, the chemical control measures that pertain to such pests, and the equipment or methodologies required to safely implement such pest control measures. This knowledge shall include special techniques and proper herbicide selection to effectively control target species and minimize adverse effects to the natural community. Knowledge of herbicide characteristics including toxicity to wildlife, behavior in plants, behavior in soil, persistence, and environmental fate, as well as methods for herbicide dilution and rate calculations will be demonstrated.

(2) Secondary category.

Category 10 – Demonstration and Research. Applicators seeking licensure in this category shall demonstrate practical knowledge of pesticide compatibility, pH, and solubility; proper pesticide use and handling; equipment types and calibration conversions for small plots; principles of integrated pest management; pesticide resistance; safety procedures for pesticide transport, storage, and disposal; interpretation of Material Safety Data Sheets for pesticide products; environmental effects of pesticide use; laws and regulations governing pesticide use and experimental use; biotechnology as it relates to pest control; and liability associated with pesticide use.

History

• Rulemaking Authority 487.0435, 570.07(23) FS. Law Implemented 487.0435, 487.044 FS. History–New 6-9-94, Amended 7-2-95, 9-24-98, 6-27-99, 2-21-02.

Fla. Admin. Code R. 5E-9.025 Eligibility for Licensure

History

• Rulemaking Authority 487.0435, 570.07(23) FS. Law Implemented 487.121(16), (17), (52), (55), (56), 487.044, 487.049 FS. History‒New 6-9-94, Repealed 7-2-95.

Fla. Admin. Code R. 5E-9.026 Procedures for Pesticide Applicator Certification, Licensure, and License Renewal

(1) Certification. All individuals seeking pesticide applicator licensure shall demonstrate competency in the responsible use of pesticides by successfully completing the appropriate pesticide applicator examination(s) specified in this chapter for each classification of licensure. All examinations shall be administered by the department or its authorized agents as written, closed-book examinations. Examinations may be offered in languages other than English. Questions that reference a pesticide label must use the English version of that label. Examinations shall be undertaken and completed by the examinee without assistance from other individuals. The department shall set passing scores and determine if the certification standards have been met for the desired licensure. Examination scores shall be valid for 12 months after the date of examination.

(2) Examination procedures and violations. In-person and remote-proctored examination rules and procedures shall be published and presented to each examinee prior to examination. If the Department determines that an examinee has violated examination rules and procedures, the following shall occur:

(a) The exam results will be invalidated.

(b) Forfeiture of all fees associated with the examination.

(c) An examinee who has had three (3) remote-proctored exams invalidated due to violation of examination rules and procedures will not be permitted to utilize the remote testing platform and must test in-person.

(3) Cheating. Cheating on an examination includes using any method intended to defeat the purpose of testing the personal knowledge and competence of the applicant to apply pesticides but is not limited to using electronic devices to communicate with other individuals or devices, using study materials or other unapproved resources during the examination including accessing websites not approved for use during the examination, communicating with other testers in the test session by any means, using copied or stolen examination questions before or during the examination, photocopying, photographing, or otherwise duplicating the test questions in whole or in part, and the use of an electronic device to search for answers to exam questions. If the Department determines that an examinee has cheated, the following shall occur:

(a) The exam results will be invalidated.

(b) Forfeiture of all fees associated with the examination.

(c) Upon the first instance, the examinee will not be permitted to take any pesticide examination offered by the Department for one (1) year from the date of said occurrence. Any subsequent determination that an examinee has cheated shall result in the imposition of a three (3) year ban from taking any pesticide examination offered by the Department.

(4) Licensure. If the certification standards have been met, the department shall provide the appropriate license application, form FDACS-13312, Rev. 05/04, for a private applicator license, form FDACS-13313, Rev. 05/04, for a public applicator license, or form FDACS-13310, Rev. 05/04, for a commercial applicator license, to the individual. The following materials must be received by the department before a pesticide applicator license shall be issued: documentation of certification earned within the previous 12 months; completed application; completed Designation of Registered Agent and Registered Office for a Nonresident Restricted-Use Pesticides Licensee, form FDACS-13711, 03/25, if applicable; copy of pilot’s license (aerial category licensure only); proof of age, if requested; and appropriate fee. License applicants may designate one or more authorized purchasing agents by submitting a completed Authorized Purchasing Agent Designation, FDACS-13352, Rev. 05/04, along with the license application. Applicators must submit the required documents online at: http://www.fdacs.gov or to the Bureau of Licensing and Enforcement, P.O. Box 6710, Tallahassee, Florida 32314-6710. Pesticide applicator licenses shall expire no more than four (4) years from issue date.

(5) License Renewal. It shall be the responsibility of each licensee to renew the license at the time of expiration. Requests for renewal of pesticide applicator licenses shall be made by submitting to the department the following materials: a signed request for license renewal; documentation of recertification; Designation of Registered Agent and Registered Office for a Nonresident Restricted-Use Pesticides Licensee, form FDACS-13711, 03/25, if applicable; proof of age, if requested; and payment of the appropriate license fee. Applicators must submit the required documents online at: http://www.fdacs.gov or to the Bureau of Licensing and Enforcement at the above address and must be received no later than the license expiration date for the license to be renewed with continual licensure. Renewed pesticide applicator licenses shall expire no more than four (4) years from the previous expiration date.

(6) Forms. The following forms may be obtained from the department’s Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650 or online as provided below.

(a) Application for Private Pesticide Applicator License FDACS-13312, Rev. 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17903.

(b) Application for Public Pesticide Applicator License FDACS-13313, Rev. 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17904.

(c) Application for Commercial Pesticide Applicator License FDACS-13310, Rev. 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17902.

(d) Authorized Purchasing Agent Designation FDACS-13352, Rev. 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17905.

(e) Designation of Registered Agent and Registered Office for a Nonresident Restricted – Use Pesticides Licensee, FDACS-13711, 03/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17906.

History

• Rulemaking Authority 487.0435, 487.046, 487.175, 570.07(23) FS. Law Implemented 487.031, 487.044, 487.046, 487.049, 487.175 FS. History–New 6-9-94, Amended 7-2-95, 9-24-98, 9-16-04, 4-6-25.

Fla. Admin. Code R. 5E-9.027 Procedures for Pesticide Dealer Licensure and License Renewal

(1) Licensure. Requests for pesticide dealer licensure shall be made by submitting a completed pesticide dealer license application, form DACS-13337, Rev. 05/04, and the appropriate license fee to the Pesticide Certification Office, P.O. Box 6710, Tallahassee, Florida 32314-6710. Pesticide dealer licenses shall expire at the end of the month one (1) year from issue date.

(2) License Renewal. It shall be the responsibility of the pesticide dealer to renew the license at the time of expiration. Request for renewal of a pesticide dealer license shall be made by submitting a signed request for renewal and the appropriate license fee to the Pesticide Certification Office at the above address. Renewed pesticide dealer licenses shall expire one (1) year from the previous expiration date. Licenses that have not been renewed by the expiration date cannot be renewed.

(3) Forms. The following form is hereby incorporated by reference: Application for Pesticide Dealer License (DACS-13337, Rev. 05/04). This form may be downloaded from the web site http://www.safepesticideuse.com or obtained from the Florida Department of Agriculture and Consumer Services, Pesticide Certification Office, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399-1650, telephone (850)488-3314.

History

• Rulemaking Authority 487.048(1), 570.07(23) FS. Law Implemented 487.048(1) FS. History–New 6-9-94, Amended 7-2-95, 9-24-98, 2-21-02, 9-16-04.

Fla. Admin. Code R. 5E-9.028 License Fees

(1) Private and public pesticide applicator license. The fee for either initial licensure or license renewal is $100, with no additional fee for added categories.

(2) Commercial pesticide applicator license. The fee for either initial licensure or license renewal is $250, with no additional fee for added categories.

(3) Pesticide dealer license. The fee for either initial licensure or license renewal is $250.

(4) Fee submission. All fees shall be submitted to the Pesticide Certification Office, P.O. Box 6710, Tallahassee, Florida 32314-6710. Checks or money orders shall be payable to the Florida Department of Agriculture and Consumer Services.

History

• Rulemaking Authority 487.045, 487.048(1), 570.07(23) FS. Law Implemented 487.045, 487.048(1) FS. History–New 6-9-94, Amended 7-2-95, 9-24-98, 2-21-02, 7-9-08.

Fla. Admin. Code R. 5E-9.029 Procedures for Pesticide Applicator Recertification

(1) Reexamination shall be required for pesticide applicator recertification in the following circumstances:

(a) The license was revoked or suspended for 6 months or longer; or

(b) It is deemed by the department that new information makes reexamination essential for continued certification. In the latter case, the department shall give adequate notice to all applicators affected.

(2) In all other circumstances, applicators shall have two options for recertification as follows:

(a) Reexamination. An applicator may become recertified by successfully retaking the examination(s) required for initial certification as specified in this chapter.

(b) Continuing Education Units (CEUs). An applicator may become recertified by accumulating a specified number of Continuing Education Units (CEUs) during the four (4) year licensure period. CEUs shall be earned by attending department approved professional training meetings and seminars or by completing and receiving passing scores on department approved educational modules.

(3) Effective January 1, 2005, all applicators recertifying by means of CEUs must earn 4 CEUs approved for the general standards of pesticide use and safety (core material) plus the following number of CEUs approved for each specific license category to be renewed:

PRIMARY CATEGORIES

CEU’S REQUIRED

Category 1A1 – Agricultural Row Crop Pest Control

8

Category 1A2 – Agricultural Tree Crop Pest Control

8

Category 1B – Agricultural Animal Pest Control

4

Category 1C – Private Applicator Agricultural Pest Control

4

Category 1D – Soil and Greenhouse Fumigation

4

Category 1E – Raw Agricultural Commodity Fumigation

4

Category 2 – Forest Pest Control

8

Category 3 – Ornamental and Turf Pest Control

12

Category 4 – Seed Treatment

4

Category 5A – Aquatic Pest Control

16

Category 5B – Organotin Antifouling Paint Pest Control

4

Category 6 – Right-of-Way Pest Control

8

Category 7A – Wood Treatment

4

Category 7B – Chlorine Gas Infusion

4

Category 7C – Sewer Root Control

4

Category 9 – Regulatory Pest Control

12

Category 11 – Aerial Application

16

Category 20 – Regulatory Inspection and Sampling

4

Category 21 – Natural Areas Weed Management

16

SECONDARY CATEGORIES

CEU’S REQUIRED

Category 10 – Demonstration and Research

4

(4) Applicators seeking recertification in more than one category by means of CEUs must accumulate the sum of the number of CEUs required for each category in which they hold licensure and seek recertification. As of January 1, 2005, this number of CEUs is in addition to the general standard (core) CEUs required.

(5) Until January 1, 2005, for each primary category renewed by means of CEUs, a minimum of 2 CEUs earned must consist of CEUs approved for general core competency standards and a minimum of half the CEUs earned must consist of CEUs approved specifically for that category. The remainder of the total number of CEUs earned must consist of CEUs approved either for general core competency standards or for that specific category.

(6) For each secondary category renewed by means of CEUs, all CEUs earned must consist of CEUs approved for that specific category.

(7) Categories added to a license after the initial license issue date may be renewed with fewer CEUs per category than stated in subsection (3) above, if the category was added less than two (2) full years before the license expiration date. In this case, the applicator may become recertified in the added category by earning half the required number of CEUs shown for that category above, provided the CEUs were earned between issuance of licensure in the additional category and one year after license expiration. If a licensee adds a category during the last 12 months of licensure, recertification is not required to renew licensure in that category.

(8) CEU program approval. The department shall approve professional meetings or seminars for granting of continuing education units (CEUs) in pesticide use and safety through execution of an agreement between the department and the education provider and provided the seminar or meeting and sponsor comply with the criteria set forth below. The agreement shall clearly stipulate the education provider’s responsibilities and the department’s authority to withhold credits for any seminar or meeting determined not to be in compliance with the approved criteria or the points specified in the agreement. Criteria for allocation of CEUs and procedures for program approval and granting of CEUs to individual licenses are specified below.

(9) CEU program criteria. The following specifications shall be met before a meeting or seminar shall be considered for approval:

(a) The education provider shall submit a written or electronic request for approval to grant CEUs on form DACS-13326, Rev. 05/04, or in an electronic format prescribed by the department. The completed form or electronic request must be received by the department no later than two (2) weeks prior to the date of the program, unless a different time frame is approved by the department on a case by case basis, based on circumstances beyond the control of the education provider.

(b) A program agenda indicating the start time, duration, instructor or speaker, and description of each program segment for which CEU approval is requested shall be submitted with form DACS-13326, Rev. 05/04. The description of each program segment must be sufficient for verification of content and applicability.

(c) The subject matter presented for CEU credit shall relate directly to the certification standards outlined in this chapter for the appropriate licensure types and categories.

(d) Documentation attesting that the instructors or speakers possess the expertise required to impart the specified information to the attendees shall be submitted with form DACS-13326, Rev. 05/04.

(e) The education provider or an authorized designee shall distribute an official record of attendance, form DACS-13325, Rev. 05/04, provided by the department, to each licensee in attendance and shall monitor attendance to ensure these records are accurate. The education provider or an authorized designee shall sign the record of attendance forms to verify each licensee’s attendance.

(f) Authorized department agents may attend any approved CEU session unannounced and without paying any associated registration fee. If such agents desire to earn CEU credit while monitoring approved training programs, they must follow the same protocol as other attendees for registering and paying fees, if applicable.

(10) Allocation of CEUs. Each 50 minutes of applicable lecture time will be allocated 1 CEU. Program segments consisting of only field trips, demonstrations, and other non-lecture instruction will be assigned 0.5 CEUs per 50 minutes of applicable non-lecture instruction. Each applicable program segment or combination of segments will be designated as an approved CEU session and assigned a distinct number of CEUs, with a minimum of 0.5 CEUs assigned per approved CEU session. Program segments of less than 30 minutes duration will not be assigned individual CEUs, but will be combined with other approved segments into approved CEU sessions with assigned CEUs. A program segment shall be approved for CEU credit only in the areas of licensure to which it is directly germane.

(11) Procedure for determining CEUs.

(a) The department shall review CEU program requests and determine the number of CEUs approved.

(b) A written or electronic copy of the program request shall be returned to the education provider with notification of CEU credit approval.

(12) Procedure for granting CEUs to licensees.

(a) A licensee may earn CEUs for license renewal only after the license has been issued and no later than one year after license expiration.

(b) The licensee must complete and sign the appropriate section of the record of attendance form prescribed and furnished by the department for each CEU session for which credit is sought.

(c) The education provider or an authorized designee shall complete and sign the appropriate section of the record of attendance form to verify each licensee’s attendance.

(d) Completed and signed record of attendance forms must be received by the department no later than one year after license expiration.

(e) Record of attendance forms will be reviewed by the department and incomplete forms returned to the licensee. Corrected forms may be resubmitted to the department for reevaluation provided resubmissions are received by the department no later than one year after license expiration.

(f) Licensees must attend an entire approved CEU session to be granted full CEU credit and will be granted CEUs for only those sessions or portions of a session attended. CEUs shall be granted only in multiples of 0.5 credits.

(g) The licensee is responsible for ensuring that the CEUs required for license renewal are earned according to guidelines specified in this chapter. The licensee is also responsible for maintaining the completed record of attendance forms (form DACS-13325, Rev. 05/04) and submitting these records to the department at the time of request for license renewal.

(13) Forms. The following forms are hereby incorporated by reference. These forms may be downloaded from the web site http://www.safepesticideuse.com or obtained from the Florida Department of Agriculture and Consumer Services, Pesticide Certification Office, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399-1650, telephone (850)488-3314.

(a) Request for Granting Continuing Education Units (CEUs) for Renewal of Pesticide Applicator Licenses and Certificates (DACS-13326, Rev. 05/04).

(b) Record of Attendance for Continuing Education Units (CEUs) (DACS-13325, Rev. 05/04).

History

• Rulemaking Authority 487.049, 570.07(23) FS. Law Implemented 487.049 FS. History–New 6-9-94, Amended 7-2-95, 9-24-98, 6-27-99, 2-21-02, 9-16-04.

Fla. Admin. Code R. 5E-9.030 Continuing Education Unit (CEU) Program

History

• Rulemaking Authority 487.049, 570.07(23) FS. Law Implemented 487.049 FS. History‒New 6-9-94, Repealed 7-2-95.

Fla. Admin. Code R. 5E-9.031 Non-resident Licensee Requirements

History

• Rulemaking Authority 487.051, 570.07(23) FS. Law Implemented 487.047 FS. History‒New 6-9-94, Repealed 7-2-95.

Fla. Admin. Code R. 5E-9.032 Pesticide Applicator Records

(1) Licensed pesticide applicators shall maintain records relating to the application of all restricted use pesticides. Such records shall consist of the following information for each application:

(a) Name and license number of the licensee responsible for the pesticide application;

(b) Name of the person who actually applied the pesticide;

(c) Date, start time, and end time of treatment;

(d) Location of treatment site, which may be recorded using any of the following designations:

1. County, range, township, and section;

2. An identification system utilizing maps and/or written descriptions which accurately identify the location and distinguish the treatment site from other sites;

3. The identification system established by the United States Department of Agriculture found at 7 CFR §110 (1994) which utilizes maps and a numbering system to identify field locations;

4. The legal property description; or

5. Global Positioning System (GPS) coordinates or longitude/latitude points that delineate the treated area.

(e) Crop, commodity, or type of target site treated;

(f) Total size (in acres, square feet, acre-feet, number of animals treated, or other appropriate units) of the treatment site;

(g) Brand name and EPA registration number of the pesticide product applied;

(h) Total amount (pounds, gallons, etc.) of formulated product applied;

(i) Application method; and

(j) Name of the person requesting or authorizing the application, or a statement of authority to make such application, if the application was made to property not owned or leased by the licensee.

(2) The required information shall be recorded no later than two (2) working days after the date of application and may be incorporated into other business transaction records.

(3) All records shall be retained for a period of two (2) years and shall be maintained in a manner that is accessible by authorized representatives.

(4) It is not necessary to record repetitive information that applies to all records, provided the required information is recorded one time and there is a written record indicating that this information applies to other designated applications recorded.

(5) A licensed applicator who has made or supervised for another person an application of restricted use pesticide shall, within 30 days of pesticide application, provide a copy of the application records required under this rule for each application of any pesticide requiring licensure to the person for whom the pesticide application was made. This section shall not apply to private applicators if the person for whom the application was made is the licensee’s full time employer and the licensee maintains the original application records at the place of employment. However, if the private applicator terminates employment with said employer, a copy of the records for all applications of restricted use pesticides made or supervised by the private applicator within the scope of employment for said employer in the previous two (2) years shall be provided to the employer within 30 days of termination.

(6) Upon written request by an authorized department representative, a licensed applicator shall make available the records required to be maintained under this rule and shall permit the authorized representative to copy or photograph any of the records. The original records shall be maintained by the licensed applicator.

(7) When the attending licensed health care professional, or an individual acting under the direction of the attending licensed health care professional, determines that any record of the application of a pesticide for which records are required under this rule is necessary to provide medical treatment or first aid to an individual who may have been exposed to the pesticide for which the record is maintained, the licensed applicator required to maintain the record shall promptly provide the record information and any available label information. If it is determined by the attending licensed health care professional, or an individual acting under the direction of the attending licensed health care professional, to be a medical emergency, the record information of the pesticide relating to the medical emergency shall be provided immediately.

(8) The attending licensed health care professional, or an individual acting under the direction of the attending licensed health care professional, may utilize and release the record or record information obtained under subsection (7) of this rule, when necessary to provide medical treatment or first aid to an individual who may have been exposed to the pesticide for which the record is maintained.

(9) The attending licensed health care professional may release the record or record information to appropriate federal or state agencies that deal with pesticide use or any health issue related to the use of pesticides when necessary to prevent further injury or illness.

(10) A licensed health care professional may release the record or record information to submit pesticide poisoning incident reports to appropriate federal or state agencies.

(11) To meet the requirements of Section 487.081(6)(b), F.S., individuals must keep the same record information required in subsection (1). Such records must be maintained in a manner accessible by department representatives and shall be maintained indefinitely by the property owner or leaseholder.

History

• Rulemaking Authority 487.160, 570.07(23) FS. Law Implemented 487.160 FS. History–New 6-9-94, Amended 7-2-95, 9-24-98, 9-16-04.

Fla. Admin. Code R. 5E-9.033 Pesticide Dealer Records

(1) Licensed pesticide dealers shall maintain the following records relating to the sale or exchange of restricted use pesticides:

(a) Date of sale;

(b) Name and license number of licensed applicator making or authorizing the purchase;

(c) Name of authorized purchase agent purchasing the pesticide product, if applicable;

(d) Brand name and EPA registration number of each product sold or exchanged;

(e) Size and number of containers of each product sold or exchanged; and

(f) Date and location where delivery was made if the pesticide dealer delivered the product to a location not on the premises of the dealership.

(2) The information listed in paragraphs (1)(a) through (1)(e), shall be recorded immediately at the time of sale or exchange and may be incorporated into billing invoices or other business transaction records.

(3) The information required in paragraph (1)(f), shall be recorded immediately after product delivery, when applicable, and may be incorporated into billing invoices or other business transaction records.

(4) All required information shall be retained for a period of two (2) years from the date of sale or exchange in a manner that is accessible by authorized department representatives.

(5) Upon written request by an authorized department representative, a licensed dealer shall make available the records required to be maintained under this rule and shall permit the authorized representative to copy or photograph any of the records. The original records shall be maintained by the licensed dealer.

History

• Rulemaking Authority 487.048(2), 570.07(23) FS. Law Implemented 487.048(2) FS. History–New 6-9-94, Amended 7-2-95, 3-21-02.

Fla. Admin. Code R. 5E-9.034 Direct Supervision

(1) Licensed applicators are responsible for the pesticide use activities and actions of individuals under their direct supervision and shall be in a location from which they can physically arrive on site before or during pesticide use, if and when their presence is needed. The licensed applicator must be immediately available for verbal communication with persons under his or her immediate supervision to provide direction and instruction during all times pesticides are being used.

(2) The following instruction and training shall be provided by the licensed applicator to each unlicensed individual prior to such individual engaging in the use of any pesticide for which pesticide applicator licensure is required:

(a) The safety procedures and precautions to be followed in using the product;

(b) The need to properly wear and maintain any personal protective equipment required;

(c) The common signs and symptoms of pesticide poisoning;

(d) The dangers of eating, drinking or smoking while using pesticides;

(e) The need to wash clothing and bathe after working with pesticides;

(f) The name and location of a nearby medical facility that can provide emergency treatment for pesticide poisoning; and

(g) How and under what circumstances to contact the licensed applicator under whose direct supervision the unlicensed individual is working.

(3) Subsection 5E-9.034(2), F.A.C., does not apply to pesticide use subject to regulation under the worker protection standard referenced in Rule 5E-2.039, F.A.C.

History

• Rulemaking Authority 487.1585(1), 570.07(23) FS. Law Implemented 487.1585(1) FS. History–New 6-9-94, Amended 7-2-95, 2-21-02.

Fla. Admin. Code R. 5E-9.035 Warnings

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 487.1585 FS. History‒New 6-9-94, Repealed 7-2-95.

Fla. Admin. Code R. 5E-9.036 Pesticide Aircraft Registration, Liability Insurance/Surety Bond, Security, Inspection, Storage, Recordkeeping, Area-of-Application Information, Transactions, and Forms

(1) Registration. Each aircraft used for aerial application of any pesticide must be annually registered with the department with proof of insurance or surety bond. Application for registration shall be on form DACS-13354, Rev. 05/04, provided by the department. The completed registration form and proof of insurance or surety bond shall be submitted to the Pesticide Certification Office, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399-1650. The registration form shall be submitted to the department on or before June 30 of each year and shall not exceed the time period covered by proof of insurance or surety bond.

(2) Proof of Insurance or Surety Bond. Proof of insurance or surety bond shall consist of:

(a) The deposit with the department of a surety bond in favor of any person or persons who may suffer damage or injury as the result of the aerial application of any pesticide made from the registered aircraft. Said surety bond shall be a minimum of $100,000 and shall be executed by a corporate surety company authorized to conduct business in Florida. The department shall evaluate and determine the adequacy of all such bonds before acceptance. When the aircraft is removed from aerial application operation, a said bond shall be returned after a period of six months following date of notice of withdrawal, provided such withdrawal shall not release said surety from liability existing hereunder during the time of aerial application at the time of the effective date of such withdrawal, or

(b) The filing of a certificate of insurance, verifying insurance in an amount of not less than $100,000 property damage and $300,000 bodily injury coverage per occurrence, insuring the registered aircraft against liability for any damage, loss, or injury, including chemical drift or trespass, suffered by any person or persons, resulting from the aerial application of any pesticide made from the registered aircraft. A deductible clause of $1,000 shall be acceptable. A current certificate of insurance must be filed with each initial and subsequent renewal registration. Current certificates of insurance or copies thereof shall be maintained in the aircraft registrant’s possession from the date the aircraft is registered, until two (2) years after the certificate expires or two (2) years after the registration is withdrawn.

(3) Inspection. Authorized department representatives may inspect aircraft required to be registered with the department as to equipment relating to aerial pesticide application under this rule during normal working hours without prior notification or as determined necessary when an emergency has been declared as contained in subsection (8), herein.

(4) Security. Each aircraft used for aerial application of any pesticide shall be secured when not in use. Secured storage shall include the aircraft being: within a locked building, locked in place securely, mechanically disabled from flying, or any other reasonable method which prevents or deters theft or unauthorized use.

(5) Storage. All pesticides on the premises owned or controlled by any aerial applicator shall be stored and maintained in a manner such that they are not accessible to unauthorized persons. Secured storage shall include: fences with a minimum 6 feet height; door locks; valve locks; electronic security systems; disabling of mobile storage units; blocking of access, ingress or egress; or any other reasonable method which prevents or deters theft or unauthorized use. Buildings used to store pesticides must be of rigid construction so unauthorized entry can not be achieved without the use of heavy machinery or equipment. If a portable building is used for storage of pesticides, the building must be secured in place so it can not be towed or otherwise removed by unauthorized persons.

(6) Transactions. Any person who buys, sells, rents, leases, or transfers ownership of an aircraft that is registered or required to be registered with the department pursuant to subsection (1), above, shall report the transaction to the department within 24 hours of the transaction using one of the following forms: (1) Report of Aircraft Transaction, Form DACS-13355, Rev. 05/04; (2) Ownership Declaration and Sales and Use Tax Report on Aircraft, Form DR-42A, Rev. 03/02; or (3) Aircraft Bill of Sale, Form AC 8050-2 (09/92).

(7) Recordkeeping. Aerial applicators shall maintain records relating to the application of each pesticide during a declared emergency. Such records generated during the emergency shall be retained for a period of two (2) years and shall be maintained in a manner that is accessible by the department upon request. Records shall consist of the following information for each application:

(a) Name, FDACS pesticide applicator license number, and FAA license number of the licensee responsible for the pesticide application;

(b) Date, start time and end time of treatment;

(c) Location of treatment site, which may be recorded using any of the following designations:

1. County, range, township and section,

2. An identification system utilizing maps and/or written descriptions which accurately identify the location and distinguish the treatment site from other sites,

3. The legal property description, or

4. Global Positioning Satellite (GPS) coordinates or Longitude/Latitude points which delineate the treated area.

(d) Name of the person requesting or authorizing the application;

(e) Aircraft manufacturer, make and model;

(f) FAA aircraft registration number; and,

(g) Originating airport/airstrip.

(8) Area-of-Application Information. The information listed in paragraphs (7)(a) through (7)(g), is required only when a declaration of an Executive Order pursuant to the emergency powers granted to the Governor or the Commissioner of Agriculture is made, declaring an emergency in the State of Florida. Such information shall be provided and filed with the department in a manner determined by the department.

(9) Forms. The following forms are hereby incorporated by reference. These forms may be downloaded from the web site http://www.safepesticideuse.com or obtained from the Florida Department of Agriculture and Consumer Services, Pesticide Certification Office, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399-1650, telephone (850)488-3314.

(a) Application for Aircraft Registration (DACS-13354), Rev. 05/04, Florida Department of Agriculture and Consumer Services.

(b) Ownership Declaration and Sales and Use Tax Report on Aircraft (DR-42A), Rev. 03/02, Florida Department of Revenue.

(c) Aircraft Bill of Sale, Form AC 8050-2, (09/92), U.S. Department of Transportation, Federal Aviation Administration.

(d) Report of Aircraft Transaction (DACS-13355), Rev. 05/04, Florida Department of Agriculture and Consumer Services.

(10) Upon written request by an authorized department representative, an aircraft registrant who has aerial insurance as the selected form of financial responsibility shall make available the certificates of insurance or copies thereof required to be maintained under this rule for periods of time when aerial applications are made and shall permit the authorized representative to copy or photograph the documents. The original documents shall be maintained by the aircraft registrant.

History

• Rulemaking Authority 487.046, 570.07(23) FS., Chapter 2001-360, Laws of Florida. Law Implemented 487.046 FS., Chapter 2001-360, Laws of Florida. History–New 6-9-94, Amended 9-24-98, 6-9-02, 9-16-04.

Fla. Admin. Code R. 5E-9.037 Enforcement and Penalties

(1) Denial. The Department will deny application for licensure if:

(a) A person fails to comply with the licensing requirements of Chapter 487, F.S., or Chapter 5E-9, F.A.C., or

(b) A person has cheated on an exam pursuant to subsection 5E-9.026(3), F.A.C., or

(c) All outstanding fines owed to the Department are not paid in full unless the person seeking licensure has entered into a written settlement agreement with the Department to pay the fine, which has been filed with the agency clerk, and the person has made the payments timely as provided in the settlement agreement.

(2) Revocation will be imposed when:

(a) A violator does not comply with a suspension order, or if a licensee or certificate holder has been suspended twice in three years.

(b) A person has obtained licensure of any kind under Chapter 487, F.S., and the Department subsequently determines that the person cheated on an exam.

History

• Rulemaking Authority 487.046, 487.175, 570.07(23) FS. Law Implemented 487.031, 487.046, 487.175 FS. History–New 4-6-25.

Chapter 5E-13 MOSQUITO CONTROL PROGRAM ADMINISTRATION

Fla. Admin. Code R. 5E-13.001 Definitions

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.352, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.01, 10D-54.001, Repealed 1-1-77 (by Ch 20.19 FS.).

Fla. Admin. Code R. 5E-13.002 Eligibility for State Aid

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.261, 388.271, 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.02, 10D-54.002, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.003 Participation Prerequisites

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.03, 10D-54.003, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.004 Project Inspections

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)5., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.04, 10D-54.004, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.005 Project Approval Construction

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.05, 10D-54.005, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.006 Annual Work Plans and Budgets

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.06, 10D-54.006, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.007 Certified Budgets, Filing

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.07, 10D-54.007, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.008 Certified Budgets, Amendments

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.08, 10D-54.008, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.009 Reports of Expenditures, Accomplishments

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.09, 10D-54.009, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.010 State Aid, Basis and Availability

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.10, 10D-54.010, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.011 District or County Use of Funds

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.11, 10D-54.011, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.012 Program Directors, Employment and Classification

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.12, 10D-54.012, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.013 Individual Responsible for the Application of Restricted Pesticides for Arthropod Control Shall Be Required to Pass an Examination

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.13, 10D-54.013, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.014 Penalty for Failure to Comply with Public Law 92-516, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of the U.S. Environmental Protection Agency and Their Rules and with Chapter 388, F.S. and Rule 10D-54.013, F.A.C

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.14, 10D-54.014, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.015 Effective Date

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.15, 10D-54.015, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.016 Intent

History

• Rulemaking Authority 381.031(1)(g)3., (g)4., (g)6., 388.361 FS. Law Implemented 381.031(1)(a), (b), (c), (d), (e), (f), (g)1., (g)2., (g)3., (g)4., (g)6., (3), (4), (4)(c), (d), 381.061(2), (3), (4), (5), (6), (8), (9), (10), 381.071, 381.091, 381.101, 381.241, 381.311, 381.321, 381.331, 381.351, 381.411(1), (2), (3), 386, 386.041(1)(e), 388.011, 388.021, 388.161(1), (2), 388.162, 388.171, 388.181, 388.201(1), (3), (4), 388.231(1), (2), 388.271(1), 388.291(1), (2), 388.331, 388.341, 388.351, 388.381, 388.391, 388.411, 388 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-75, Formerly 10D-54.16, 10D-54.016, Repealed 1-1-77 (by Ch. 20.19 FS.).

Fla. Admin. Code R. 5E-13.021 Definitions

In addition to those terms contained in Section 388.011, F.S., the following terms shall mean:

(1) “Adulticide” – a pesticide intended to affect an adult arthropod.

(2) “Annual Certified Budget” – District or county budget for control of arthropods attested to by the clerk of the circuit court, secretary of the board of commissioners, or any other Person duly authorized by law under the official seal of the District or county.

(3) “Approved Mosquito Control Program”– any county or District in current compliance with ss. 388.101 or 388.241, 388.261(2), 388.271, 388.341, 403.088(1), F.S., and Rule 5E-13.032, F.A.C.

(4) “Arthropods” – those insects of public health or nuisance importance, including all mosquitoes, midges, sand flies, dog flies, yellow flies, and house flies.

(5) “Arthropod control pesticide” – any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any arthropod as defined in ss. 388.011(1), F.S.

(6) “Arthropod control program” – a program organized to control arthropod populations on property other than that exempted under ss. 388.361(4), F.S.

(7) “Arthropod Control Research or Demonstration Projects” – studies, educational/administrative product development, demonstration or training projects that are funded by State funds.

(8) “Beaches and bayshores” – the areas within 1500 feet landward of the high-tide mark.

(9) “Biologically highly productive” – those public lands that make exceptionally high beneficial contributions to the overall ecology of a region or area.

(10) “Department” – the Department of Agriculture and Consumer Services.

(11) “Direct Supervision” – supervision by licensed applicators, who are responsible for the pesticide Use activities and actions of unlicensed individuals. The licensed direct supervisor must be in immediate contact, either directly or by electronic means, including, but not limited to, cell phones, radios and computers.

(12) “Director” – a qualified Person responsible for the planning and direct supervision of a District as defined under ss. 388.011(5), F.S., who directs the execution of a county or District mosquito control program and oversees its day-to-day activities.

(13) “District” – any mosquito control district established in this state by law for the express purpose of controlling arthropods within boundaries of said districts.

(14) “Environmentally sensitive” – public lands that have special ecological values and which values may be lost to a substantial degree by the application of certain pesticides or other practices used in the control of arthropods.

(15) “Labeling” – all labels and all other written, printed, or graphic matter:

(a) Accompanying the pesticide or device at any time; or

(b) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health and Human Service, and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.

(16) “Landing rate count” – a method of determining adult mosquito levels by counting all mosquitoes that land on the visible portion of the body during a one minute period. Results are expressed as numbers of mosquitoes per minute.

(17) “Licensed applicator” – any Person 18 years or older who is licensed to Use or supervise the Use of a pesticide intended for arthropod control.

(18) “Nonparticipating program” – any non-state Approved Mosquito Control Program that does not have a contract or memorandum of agreement with the Department.

(19) “Other public lands” – those lands not identified by a land management agency as environmentally sensitive or biologically highly productive.

(20) “Participating program” – any state Approved Mosquito Control Program that enters into either a contract or memorandum of agreement with the Department.

(21) “Person” – any individual, partnership, trust, association, corporation, organized group of persons, whether incorporated or not, or governmental agency or governmental arthropod control agency’s program Director.

(22) “Public health pest control” – a category or classification of licensure that includes private applicators, federal, state, or other governmental employees using or supervising the Use of general or restricted-use pesticides in public health programs for the management and control of pests having medical and public health and nuisance importance.

(23) “Public land management agency” – any federal, state, or county agency that may be responsible for the management of such public lands as parks, wildlife management areas, preserves, fishing grounds, sea shores, etc., including but not limited to the department, the Florida Department of Environmental Protection, Fish and Wildlife Conservation Commission, and Trustees of the Internal Improvement Trust Fund.

(24)“Public lands control plan” – those plans formulated by a public land management agency and a local Arthropod control program for the purposes of achieving the legislative intent as declared in ss. 388.0101, F.S.

(25) “Source reduction projects” – planned methods to control arthropods through construction designed to alter environmental conditions in arthropod breeding areas.

(26) “State funds” – funds received from the state pursuant to ss. 388.261(1), F.S., expended for any and all types of arthropod control measures approved by the department.

(27) “Temporary control” – planned methods of controlling arthropods for short periods of time through application of repetitive measures.

(28) “Use” – any act of handling or release of a pesticide or exposure to man or the environment of a pesticide through acts including but not limited to:

(a) Application of a pesticide, including mixing and loading and any required supervisory action in or near the area of application;

(b) Storage actions for pesticides and pesticide containers;

(c) Disposal actions for pesticides and pesticide containers and;

(d) Transportation actions for pesticides and pesticide containers.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History–New 1-1-77, Formerly 10D-54.21, Amended 2-10-87, Formerly 10D-54.021, Amended 3-14-94, 6-10-04, 8-9-06, 11-19-23.

Fla. Admin. Code R. 5E-13.022 Eligibility for State Approved Program and/or Aid

(1) Nonparticipating counties shall be admitted to the state aid program only on October 1 of any given year.

(2) On or before July 15 of each year, a district or county seeking approval to participate in the state approved program must must submit the following:

(a) A completed Detailed Work Plan Budget-Arthropod Control, FDACS-13623 Rev.

09/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15997. The Detailed Work Plan Budget-Arthropod Control, FDACS-13623 Rev. 09/23, outlines the tentative use of state and local funds in the upcoming fiscal year necessary to implement or maintain an integrated mosquito management program.

(b) A completed integrated mosquito management plan on the form entitled Integrated

Mosquito Management Plan, FDACS-13666 Rev. 02/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-16000.

(3) After notification by the department of its approval of the Plan and Budget, each District or

county shall submit to the Department, not later than September 30, two (2) copies of the Annual Certified Budget on the form entitled Annual Certified Budget for Arthropod Control, FDACS-13617 Rev. 09/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15996. The Annual Certified Budget shall show all estimated cash carry-over amounts as a beginning cash balance. When the estimated cash carry-over amount in any fund is found to be less than the actual cash carry-over amount, a budget amendment shall be submitted to allocate the additional amount of funds. However, only local fund carry-over re-allocated by October 30 will be matched. The Department shall make an adjustment in funding amounts payable to the District or counties in the last three (3) quarters of current fiscal year and provide notification to each District or county of any distribution changes due to the re-allocation.

The forms referenced above are also available upon request by contacting the Department at Mosquito Control Program, 3125 Conner Blvd, Suite E, Tallahassee, Florida 32399-1650 and MosquitoControlReports@FDACS.gov.

(4) Agreement with the Department:

(a) Participating Districts or counties seeking state aid must enter into a contractual services agreement with the department and sign an acknowledgement of being subject to ss. 215.97, F.S.

(b) Participating Districts or counties that do not want to receive state aid but want to remain or become a state approved program must enter into a memorandum agreement with the Department.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.201, 388.271, 388.361 FS.,. History–New 1-1-77, Formerly 10D-54.22, 10D-54.022, Amended 6-10-04, 8-9-06, 5-21-14, 11-19-23.

Fla. Admin. Code R. 5E-13.023 Source Reduction Prerequisites

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History–New 1-1-77, Formerly 10D-54.23, 10D-54.023, Amended 3-14-94, 7-5-95, Repealed 5-21-14.

Fla. Admin. Code R. 5E-13.024 Project Inspections

History

• Rulemaking Authority 388.361 FS. Law Implemented 381.361 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-77, Formerly 10D-54.24, 10D-54.024, Repealed 7-5-95.

Fla. Admin. Code R. 5E-13.025 Project Approval Construction

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-77, Formerly 10D-54.25, 10D-54.025, Repealed 7-5-95.

Fla. Admin. Code R. 5E-13.026 Annual Work Plans and Budgets

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.27(1) FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-77, Formerly 10D-54.26, Amended 2-10-87, Formerly 10D-54.026, Repealed 3-14-94.

Fla. Admin. Code R. 5E-13.027 Monthly Reporting Requirements and Filing For All State Approved Programs

(1) Not later than thirty (30) days after the end of each month, each approved District or county receiving state aid shall submit a monthly local financial report to the Department on the form entitled Mosquito Control Monthly Report – Local Funds, FDACS-13663 Rev. 09/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-16001, as instructed on the form. These programs shall also submit the form entitled Mosquito Control Monthly Report – State Funds FDACS-13650 Rev. 09/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-16002, as instructed on the form. Supporting documentation of expenditures must accompany the submission of the Mosquito Control Monthly Report – State Funds, FDACS-13650 Rev. 09/23. Supporting documentation can include, but is not limited to, receipts, invoices, county budget reports, transition reports, account summaries/statements, bills, expense reports, purchase orders, charge sheets, expenditure reports and wage statements/payroll. The reports shall be signed by the program Director or Person responsible for administration of the program and funds.

(2) Any county or District withdrawing from participation in state matching funds under Chapter 388, F.S., shall continue to submit the form entitled Mosquito Control Monthly Report – State Funds FDACS-13650 Rev. 09/23, as instructed on the form, until funds received under this program are exhausted.

(3) Budget amendments on the form entitled Arthropod Control Budget Amendment, FDACS-13613 Rev. 09/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15995, shall be prepared and submitted to the Department, as instructed on the form, prior to over-expending state funds in any account or expending state funds in non-budgeted accounts. Department approval of the amendment(s) must be received before such expenditures are made.

(4) A state approved District or county shall submit monthly pesticide usage report by submitting the signed form entitled Mosquito Control Monthly Report - Pesticide Activity, FDACS-13652 Rev. 02/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15999, to the Department, as instructed on the form, not later than thirty (30) days after the end of each month.

The forms referenced above are also available upon request by contacting the Department at Mosquito Control Program, 3125 Conner Blvd, Suite E, Tallahassee, Florida 32399-1650 and MosquitoControlReports@FDACS.gov.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.201, 388.271, 388.341, 388.361 FS. History–New 1-1-77, Formerly 10D-54.27, 10D-54.027, Amended 7-5-95, 6-10-04, 5-21-14, 11-19-23.

Fla. Admin. Code R. 5E-13.028 Certified Budgets, Amendments

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.271 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-77, Formerly 10D-54.28, 10D-54.028, Repealed 7-5-95.

Fla. Admin. Code R. 5E-13.029 Reports of Expenditures, Accomplishments

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.341 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-77, Formerly 10D-54.29, 10D-54.029, Repealed 7-5-95.

Fla. Admin. Code R. 5E-13.030 State Aid Basis and Availability

(1) Distribution for arthropod control research or demonstration projects will be made pursuant to ss. 388.261, F.S.

(2) Pursuant to ss. 388.261(2) and (3), F.S., a district or county shall be eligible to receive state funds on a dollar-for-dollar matching basis not to exceed $120,000 for any one county for any one year provided they meet the requirements of Section 388.261, F.S. Tentative allocations and payments shall be made on the basis of local funds budgeted. Any distribution will be made subsequent to funds distributed pursuant to ss. 388.261(4) and (8), F.S. If appropriated state funds are insufficient to grant each eligible county or District state funds on a dollar-for-dollar matching basis to the amount budgeted in local funds, then funds shall be distributed as follows:

(a) Eighty percent of the remaining appropriated state funds shall be distributed equally to eligible counties and Districts with less than one million dollars of local funds budgeted for arthropod control; and

(b) The remaining twenty percent of the appropriated state funds shall be distributed equally to counties and Districts with between one million dollars and less than three million dollars of local funds budgeted for arthropod control. The state funds shall be budgeted for mosquito control and to support research, education, and outreach. Districts with three million dollars or more of local funds budgeted for arthropod control shall be ineligible to receive state funds.

(3) Counties and Districts with less than one million dollars of local funds budgeted for arthropod control must allocate to arthropod control local funds totaling at least twenty-five percent of the state distribution to be eligible to receive the full distribution of state funds. If a county or District allocates less than the required twenty-five percent of the state distribution in local funds, then the state funds shall be reduced by the percent difference between the required twenty-five percent and the amount of local funds budgeted. Programs and Districts located in fiscally constrained counties as defined in s. 218.67(1), F.S., with less than one million dollars of local funds budgeted for arthropod control are exempt from the twenty-five percent allocation match requirement.

(4) If a District or county has a new mosquito control program that serves an area not previously served by the county or District, it may, without contributing matching funds, receive state funds, supplies, services, or equipment in an amount not to exceed $50,000 per year for up to three (3) years.

(5) For purposes of budgeting state funds in any fiscal year. Districts or counties shall calculate amounts of state funds available to them based on estimates provided by the department. Tentative allocations and payments shall be made on the basis of matching local funds budgeted.

(6) Following receipt and review of a District or county Annual Certified Budget submitted in compliance with subsection 5E-13.022(4), F.A.C. and Section 388.271(1), F.S., the amount of state funds earned by a district or county for that fiscal year, beginning October 1, shall be determined by the Department based on release of funds by the Executive Office of the Governor. Any eligible county or District budgeting an amount less than that calculated, will have its share reduced by the Department by the percent difference between the required twenty-five percent and the amount of local funds budgeted. Additional funds made available by such a reduction will be divided evenly between the remaining counties or Districts. Following the determination of funds available, if necessary, the Department shall make an adjustment in amounts of money payable to the District or counties in the last three (3) quarters of the current fiscal year. District or counties shall be notified of the amount of money payable to them and if necessary shall amend amounts of state funds budgeted.

(7) The amount of state funds available to a District or county for any fiscal year shall be paid in quarterly installments.

History

• Rulemaking Authority 388.261, 388.361 FS. Law Implemented 388.261 FS. History–New 1-1-77, Formerly 10D-54.30, 10D-54.030, Amended 3-14-94, 6-10-04, 5-21-14, 11-19-23.

Fla. Admin. Code R. 5E-13.031 District or County Use of Funds

(1) When purchasing equipment with state funds, the District or county shall jointly determine with the Department the type and size of equipment necessary to perform the work planned. The District or county shall submit complete specifications to the Department for all equipment to be purchased when the cost will exceed twenty-five thousand ($25,000) dollars per unit and the purchase deviates from the approved detailed work plan.

(2) Districts or counties as authorized by law may, upon Department approval, purchase equipment by borrowing funds, time-payment plan or lease-purchase plan. When purchases are made in whole or in part from local funds, amounts paid from local funds in each fiscal year for the purchase price or principal of loan shall be matched with state funds provided interest, carrying charges or other loan costs will not be matched.

(3) Proceeds from sale or rental of property purchased with state funds shall be deposited and credited to State funds.

(4) Proceeds from the sale or rental of property purchased with local funds may be deposited and credited to the local fund account after the Department has:

(a) Reviewed documentation submitted to the Department by the District or County that identifies the type of property, condition of the property, and amount for which the property was sold or rented; and,

(b) Verified that the proceeds of the sale or rental have been received and allocated to the local arthropod control program and documented on the Arthropod Control Budget Amendment (FDACS-13613, Rev. 09/23), incorporated in subsection 5E-13.027(3), F.A.C.

(5) Insecticide spray material shall not be sold by Districts or counties without approval from the Department.

(6) State funds received shall be accounted for separately from local funds received. Disbursements shall be made on prenumbered checks or warrants drawn on proper depository accounts.

(7) Local and state funds shall be deposited in banks designated as depositories of public funds in accordance with provisions of Section 658.60, F.S.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.231, 388.281 FS. History–New 1-1-77, Formerly 10D-54.31, 10D-54.031, Amended 3-14-94, 6-10-04, 5-21-14, 3-13-16, 11-19-23.

Fla. Admin. Code R. 5E-13.032 Program Directors, Employment and Classification

(1) Any program seeking state approval or any Districts or counties budgeting local funds in excess of thirty thousand dollars ($30,000) for arthropod control during a fiscal year shall employ a qualified Director to plan, supervise and direct the execution of county or District arthropod control programs.

(2) Persons seeking position of mosquito control program Director must submit to the board of commissioners a written application setting forth their complete educational background, work experience and three (3) names of Persons as reference to their ability in public or business administration.

(3) The Board of commissioners shall forward to the Department its recommendation for the new Director, along with that individual’s written application, to obtain written confirmation of eligibility from the department, pursuant to subsection 5E-13.032(4), F.A.C.

(4) The following minimum Director classifications are based upon amount of local funds budgeted for the fiscal year in which they are initially employed and for which they assume responsibilities of administration.

(a) Director I (Tier I Program) – Local budget greater than $3,000,000.

Minimum qualifications for Director I position:

1. Possess a public health pest control license; and

2. A graduate of a four (4) year college or university with a degree in the basic sciences and two years work experience in public health arthropod control; or a graduate of a four (4) year college or university and a satisfactory work experience record of five (5) years duration in public health arthropod control.

(b) Director II (Tier II Program) – Local budget between $1,000,000 to $2,999,999.99.

Minimum qualifications for Director II position:

1. Possess a public health pest control license; and

2. A graduate of four (4) year college or university with a degree in the basic sciences or with a High School diploma or completion of the General Education Development (GED) and proof of a satisfactory work experience record of five (5) years duration in public health arthropod control.. The requirements for a college degree in a basic science may be substituted with a four (4) year degree from a college or university and proof of a satisfactory work experience record of two (2) years duration in public health arthropod control.

(c) Director III (Tier III Program) – Local budget of up to $999,999.99.

Minimum qualifications for Director III position:

1. Possess a public health pest control license; and

2. A High School diploma or completion of the General Education Development (GED) with a minimum of two (2) years of training and field experience in public health arthropod control.

(5) Mosquito Control Directors Certification.

(a) Persons applying for a Director I, II, or III position must hold a valid Director’s Certification prior to appointment or obtain the Director’s Certification within six (6) months of employment.

(b) In order to obtain this certification the applicant must pass the department’s Director’s Certification Examination by scoring 70% or better.

(c) Applicants must hold a valid Public Health Pest Control license in order to take the Director’s Certification Exam.

(d) The Director’s Certification expires when the holder’s Public Health Pest Control license expires.

(e) The Director’s Exam may be taken only three times within any six (6) month period.

(f) Persons employed as Directors when they apply for a Director’s position in another Florida approved program are exempt from paragraph 5E-13.032(5)(a), F.A.C.

(6) The Department shall be notified, in writing, when a Director’s position becomes vacant or open.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.162 FS. History–New 1-1-77, Formerly 10D-54.32, Amended 2-10-87, Formerly 10D-54.032, Amended 3-14-94, 7-5-95, 6-10-04, 8-9-06, 9-18-14, 11-19-23.

Fla. Admin. Code R. 5E-13.033 Individual Responsible for the Application of Restricted-Use Pesticides for Arthropod Control Required to Pass an Examination

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-1-77, Formerly 10D-54.33, 10D-54.033, Repealed 2-10-87.

Fla. Admin. Code R. 5E-13.0331 Use of Pesticides for Arthropod Control, Labels, Limitations, Precautions and Storage

(1) Only those pesticides having state registration shall be used for arthropod control. All registered pesticides used for arthropod control, including adulticides or larvicides, must be used in accordance with the registered label and labeling or be otherwise accepted by the United States Environmental Protection Agency or the Department.

(2) Public Health Pest Control applicators shall maintain specimen copies of current registered labels for all pesticides used in arthropod control operations and such labels shall be available for inspection by the Department upon request.

(3) All pesticide concentrates and pesticides mixed for application stored in containers, other than the original container with the original label or application equipment, shall be accurately identified with a permanent, durable label or tag, providing the following information:

(a) Name, address, and telephone number of the county or district program;

(b) Product name (if diluted, preceded by the word “Diluted”);

(c) EPA registration number from product label (if diluted, preceded by the words “Derived from”);

(d) Name and percentage of active ingredient as concentrate or dilution; and

(e) Signal word from the registered product label.

(4) All pesticides shall be stored and maintained in a manner such that they are not accessible to unauthorized persons. Secured storage shall include: a locked and fenced area where the fence height is at least 6 feet, areas protected by door locks, valve locks, or electronic security systems, or any other reasonable method to prevent or deter theft or unauthorized use. Buildings used to store pesticides must be of rigid construction so unauthorized entry cannot be achieved without the use of heavy machinery or equipment. If a portable building is used for storage of pesticides, the building must be secured in place so it cannot be towed or otherwise removed by unauthorized persons.

(5) Application equipment shall be calibrated either once annually, or as required by label directions or manufacturer directions, whichever requires calibration more frequently, to ensure application of the correct particle size and accurate and uniform dosages in accordance with labeling specifications.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History–New 5-21-14.

Fla. Admin. Code R. 5E-13.0332 Inspections and Investigations

(1) The Department is authorized to conduct inspections or for cause investigations, pursuant to ss. 388.361(5), F.S.

(2) The following forms may be used in Department inspections and investigations. Copies of these forms may be obtained from the department’s Bureau of Inspection and Incident Response, 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650 or online as provided below.

(a) Notice of Inspection, FDACS-13656, Rev. 10/15, incorporated in paragraph 5E-14.1025(2)(d), F.A.C., and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07288.

(b) Affidavit, FDACS-13661, Rev. 09/16, incorporated in paragraph 5E-14.1025(2)(f), F.A.C., and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07291.

(c) Pesticide Sample Collection Report, FDACS-13234, Rev. 10/15, incorporated in paragraph 5E-14.1025(2)(p), F.A.C., and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07303.

(d) Pesticide Use Investigation Report, FDACS-13660, Rev. 05/21, incorporated in paragraph 5E-14.1025(2)(q), F.A.C., and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13520.

(e) Mosquito Control Pesticide Use Inspection Report, FDACS-13632, Rev. 02/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15998.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History–New 11-19-23.

Fla. Admin. Code R. 5E-13.034 Penalty for Failure to Comply with Public Law 92-516, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of the U. S. Environmental Protection Agency and Their Rules

(1) The board of commissioners of a county, or mosquito control district, whichever is applicable, shall be notified when it is found that the mosquito control program director is violating the Federal or state laws or rules governing the application of restricted pesticides. The board of commissioners will take whatever action is necessary to prevent future violations.

(2) Licensure of applicators may be suspended, revoked, or renewal thereof denied, by the Department, its successor agency or programs, upon one or more of the following grounds:

(a) Violation of FIFRA, any relevant EPA rule or regulation, or any ordinance or regulation of the Commissioners;

(b) Conviction in any court within this state of the violation of any provision of this Act, or any rule or regulation or ordinance of the Department or the Commissioners;

(c) A final order imposing civil penalties under subsection 14(a), Public Law 92-516, or a criminal conviction under subsection 14(b), of said Public Law;

(d) Knowingly using methods or materials unsuitable for control undertaken;

(e) Performing control in a negligent manner;

(f) Failure to give the Department or Commissioners or authorized representatives thereof, true information upon request regarding methods and materials used, work performed, falsification of records, or other information essential to the administration of this measure;

(g) Failure of the licensed applicators to maintain for a period of at least three (3) years operational records containing information on kinds, amounts, uses, dates, and places of application of restricted use of pesticides.

(3) The Board of Commissioners shall enact appropriate regulations or ordinances within a reasonable time covering discharge or other disciplinary action in at least those areas as designated in subsection 5E-13.034(2), F.A.C.

(4) It shall be the duty of the Board of Commissioners to notify the Department when violations have been brought to the commissioner’s attention and when action under subsection 5E-13.034(3), F.A.C. is instituted.

(5) Should the Board of Commissioners fail to take appropriate action when violations have been brought to their attention, it will be the duty of the Department to present all evidence to the U. S. Environmental Protection Agency (EPA) for such action as that agency may determine is warranted.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS., Section 11, Chapter 91-428, Laws of Florida. History–New 1-1-77, Formerly 10D-54.34, 10D-54.034, Amended 8-9-06.

Fla. Admin. Code R. 5E-13.035 Intent

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS., U. S. Pub. Law 92-516, Section 11, Chapter 91-428, Laws of Florida. History–New 1-1-77, Formerly 10D-54.35, 10D-54.035, Repealed 5-21-14.

Fla. Admin. Code R. 5E-13.036 Demonstrable Increase or Other Indicator of Arthropod Population Level

(1) Mosquito and other arthropod control programs will ensure that the application of pesticides are made only when necessary by determining a need in accordance with specific criteria that demonstrate a potential for a mosquito-borne disease outbreak or numbers of disease vector mosquitoes sufficient for disease transmission or defined levels of, or a quantifiable increase in numbers of pestiferous mosquitoes or other arthropods as defined by Section 388.011(1), F.S. To determine the need for applications of adulticides, at least one of the following criteria shall be met and documented by records:

(a) When a large population of adult mosquitoes is demonstrated by either a quantifiable increase in, or a sustained elevation of, mosquito population level as detected by landing rate counts or trap counts.

(b) Where adult mosquito populations build to levels exceeding twenty-five (25) mosquitoes per trap night or five (5) mosquitoes per trap hour during crepuscular periods or exceeding locally established thresholds which can be verified by documented surveillance records.

(c) When requests for arthropod control have been confirmed by one or more standard surveillance methods, which include:

1. Landing rate counts.

2. Mosquito trap counts.

3. Visual confirmation of the presence of adult or immature mosquitoes by a licensed applicator, or an applicator operating under the Direct Supervision of a licensed applicator.

(d) When a program receives a notification from the Florida Department of Health of a suspected human or animal arbovirus infection that may indicate an increased risk of arbovirus transmission in local mosquitoes.

(e) When a program is following the guidelines set forth in the Interagency Arbovirus Task Force Response Plan for Mosquito-Borne Diseases, Version 1.0 (02/04/2022) incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15994 and available upon request by contacting the Department at Mosquito Control Program, 3125 Conner Blvd, Suite E, Tallahassee, Florida 32399-1650 and MosquitoControlReports@FDACS.gov.

(f) When counts as determined by landing rate counts in the daytime exceed 5 per minute for stable flies (dogflies) on beaches and bayshores.

(2) Aircraft applications of mosquito adulticides along beaches and bayshores shall be justified only when there is a demonstrable three-fold increase over a base population.

(3) Preventative barrier applications of mosquito adulticides are exempt from the requirement to demonstrate an increased mosquito pressure. All applications must be conducted in accordance with label requirements and the requirements of 5E-13.0331, F.A.C., and must be recorded as specified in 5E-13.040(8), F.A.C.

(4) All surveillance and adulticide application records shall be kept on file for at least three (3) years.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361(2)(a) FS. History–New 2-10-87, Formerly 10D-54.036, Amended 3-14-94, 7-5-95, 8-9-06, 11-19-23.

Fla. Admin. Code R. 5E-13.037 Aircraft Application for the Control of Adult Arthropods

(1) Any arthropod control activities conducted under this section by local arthropod control agency on private lands where there is a possibility of deposition of airborne substances on public lands determined to be environmentally sensitive and biologically highly productive under Rule 5E-13.042, F.A.C., will be conducted in a manner to minimize the deposition onto such lands. An adopted public lands control plan approved under Rule 5E-13.042, F.A.C., shall supersede the requirements of this rule when the terms conflict.

(2) Once the decision to apply an adulticide by aircraft is made, the following will apply:

(a) Only specific areas where a need is documented by the criteria outlined in Rule 5E-13.036, F.A.C., will be treated.

(b) Adulticides selected shall be those labeled for aircraft application to provide adequate control of the problem mosquitoes or other arthropods and when used in accordance with widespread and commonly recognized practice, will not cause unreasonable adverse effects on the environment. Adulticide labels will be strictly followed.

(c) Application shall be timed to be most effective during mosquito activity periods. Application shall not be later than 2 hours after sunrise nor earlier than 2 hours before sunset. Other arthropod treatment and treatments for disease epidemics involving Aedes aegypti or Aedes albopictus can be made during daytime hours.

(d) Equipment shall be calibrated to insure correct particle size and accurate and uniform dosages in accordance with labeling specifications.

(e) Pesticide labels prohibit aerial application of adulticides directly to open water of the ocean, gulf, bays or lagoons thereof, therefore, when aircraft release sprays over water targeted to drift over land, wind speed and direction shall be sufficient to carry spray to land.

(f) After an aerial adulticiding operation takes place, records shall be maintained for a minimum of 3 years which will include at least the following:

1. The area treated.

2. The application rate and the material used.

3. The equipment and technique used.

4. The name of the pilot in command.

5. The date, time, temperature, and general wind speed and direction.

6. Pretreatment and post-treatment records of mosquito and other arthropod presence including:

a. Number and type of trapping and surveillance methods used.

b. Trap and surveillance site location.

c. Pretreatment and post-treatment trap catches, landing rates or surveillance levels by mosquito species involved.

7. Apparent non-target effects.

(3) Exemptions – Aerial applications of adulticides made for research purposes that have been properly permitted by federal and state agencies are exempt from this rule.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History–New 2-10-87, Formerly 10D-54.037, Amended 5-21-14.

Fla. Admin. Code R. 5E-13.0371 Mosquito Control Aircraft Registration, Inspection, Security, Storage, Transactions, Recordkeeping, Area-of-Application Information and Forms

(1) Registration. Each mosquito control aircraft used for aerial pesticide application, must be annually registered with the department. Application for registration shall be on the form entitled “Application for Aircraft Registration” (FDACS-13354, Rev. 10/13), as adopted in Rule 5E-9.036, F.A.C. The completed registration form shall be submitted to the Bureau of Licensing and Enforcement, Pesticide Certification Office, 3125 Conner Blvd., Bldg. 8, Tallahassee, Florida 32399-1650. The registration shall be submitted to the Department on or before June 30 of each year.

(2) Inspection. Authorized department representatives may inspect mosquito control aircraft required to be registered with the department as to equipment relating to aerial pesticide application under this rule during normal working hours without prior notification or as determined necessary when an emergency has been declared as contained in subsection (7), herein.

(3) Security. Each mosquito control aircraft used for aerial application of any pesticide shall be secured when not in use. Secured storage shall include the aircraft being: within a locked building, locked in place securely, mechanically disabled from flying, or any other reasonable method which would prevent or deter theft or unauthorized use.

(4) Transactions. Any purchase, sale, rental, leasing, or transfer of ownership of a mosquito control aircraft required to be registered with the department pursuant to subsection (1), above, shall be transmitted to the department on the U.S. Department of Transportation Federal Aviation Administration form entitled “Aircraft Bill of Sale” AC Form 8050-2 (01/12), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-03552 or the form entitled “Report of Aircraft Transaction” (FDACS-13355, Rev. 10/13), as adopted in Rule 5E-9.036, F.A.C., within 24 hours of the transaction. The completed forms shall be submitted to the Bureau of Licensing and Enforcement, Pesticide Certification Office, 3125 Conner Blvd., Bldg. 8, Tallahassee, Florida 32399-1650.

(5) Recordkeeping. Aerial mosquito control applicators shall maintain records relating to each application of pesticide during a declared emergency. Such records generated during the emergency shall be retained and maintained for a period of two (2) years as outlined in paragraphs (a) through (g). Such information shall be provided to the department or its authorized representative upon request for a period of two (2) years and shall be maintained in a manner that is accessible by the department upon request. Mosquito control aircraft operating as public aircraft not regulated by the FAA are exempt from the records referencing FAA numbers.

(a) Name and FAA license number of the licensee responsible for the pesticide application;

(b) Date and time of treatment;

(c) Location of treatment area, which may be recorded using any of the following designations:

1. County, range, township and section;

2. An identification system utilizing maps and/or written descriptions which accurately identify the location and distinguish the treatment area from other sites;

3. The legal property description; or

4. Global Positioning Satellite (GPS) coordinates or Longitude/Latitude points which delineate the treated area.

(d) Name of the person requesting or authorizing the application;

(e) Aircraft manufacturer, make and model;

(f) FAA aircraft registration number; and

(g) Originating airport/airstrip.

History

• Rulemaking Authority 487.051(1)(d), (e), 570.07(23), (39), (40) FS. Law Implemented 388.361(2)(b), 487.051(1)(d), (e), 570.07(39), (40) FS. History–New 2-25-03, Amended 8-9-06, 5-21-14.

Fla. Admin. Code R. 5E-13.038 Use Requirements for All Arthropod Control Pesticides

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361(2)(c) FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 2-10-77, Formerly 10D-54.038, Repealed 7-5-95.

Fla. Admin. Code R. 5E-13.039 Protection of Natural Resources and of the Health, Safety, and Welfare of Arthropod Control Employees and the General Public

(1) Methods of mosquito control performed on private land where natural resources are a major concern shall be conducted in a manner to protect the environmental and ecological integrity of the lands and waters.

(2) To protect the health, safety and welfare of arthropod control employees and the general public, applicators licensed in public health pest control may directly supervise no more than 10 unlicensed employees and shall provide instructions and training to those employees to include the following:

(a) The safety procedures and precautions to be followed in handling or applying arthropod control pesticides as specified by their labeling.

(b) The proper use and care of safety clothing and equipment to be worn or used as may be specified in the label.

(c) The common symptoms of pesticide poisoning.

(d) The dangers of eating, drinking or smoking while handling or applying pesticides and the need to wash clothing worn and bathe after working with pesticides in order to avoid unnecessary prolonged exposure to pesticides residues.

(e) The name and location of nearby medical facility at which emergency treatment for pesticide exposure may be obtained.

(f) Instructions regarding operation of application equipment in or over residential areas to minimize exposure to the general public.

(g) Instructions regarding emergency procedures to be followed in the event of an accidental pesticide spill particularly those relating to a vehicular accident and resultant spill and dumping procedures in the event of an aircraft emergency.

(3) Licensed applicators shall keep on file, and make available to the department upon request, records showing the training required in subsection 5E-13.039(2), F.A.C., was provided to all unlicensed applicators under their direct supervision. These records shall be maintained for a minimum of three years.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361(2)(d) FS., Section 11, Chapter 91-428, Laws of Florida. History–New 2-10-87, Formerly 10D-54.039, Amended 8-9-06.

Fla. Admin. Code R. 5E-13.040 Criteria for Licensure of Applicators

(1) It is a violation of these rules for a person to apply a pesticide intended to control arthropods on property other than his own individual residential or agricultural property unless he is licensed to do so or is working under the direct supervision of a licensed applicator, as allowed under subsection 5E-13.039(2), F.A.C.

(2) All persons who apply an arthropod control pesticide, unless operating under the direct supervision of a licensed applicator, shall be licensed as a Public Health Pest Control applicator by the department whether such pesticides used are classified as general use or restricted use, except those applicators controlling arthropods upon their own individual residential or agricultural property.

(3) Competency standards for licensing of Public Health Pest Control applicators will be determined by applicants passing the Public Health Pest Control examination administered by the department, by obtaining a score of 70 percent or above, which demonstrates a practical knowledge of the principles of mosquito control and vector-disease transmission as it relates to and influences application programs. In addition, applicants shall pass the General Standards (Core) examination administered by the department, by obtaining a score of 70 percent or above, to demonstrate a knowledge of pesticide use and safety.

(4) All persons licensed in Public Health Pest Control shall provide evidence of continued competency prior to license renewal by accruing a minimum of sixteen (16) continuing education units during their four year licensure period. The licensee shall provide proof of continuing education training on the form entitled “Record of Attendance for Continuing Education Units (CEUs)” (FDACS-13325, Rev. 10/13), as adopted in Rule 5E-9.029, F.A.C., prior to license renewal. Failure to meet continuing education requirements shall result in the nonrenewal of the license, and applicators shall retake and pass both the Public Health Pest Control and the General Standards (Core) examinations in order to obtain a new license.

(5) Courses or programs to be considered for continuing education units shall contain one or more of the following topics:

(a) The law and rules of the state pertaining to mosquito control.

(b) Precautions necessary to safeguard life, health, and property in the conducting of mosquito control and the application of pesticides.

(c) Mosquitoes, their habits, identification, and relative importance as nuisance pests and vectors of disease.

(d) Currently accepted practices in the conducting of measures for the control of adult and larval forms of mosquitoes and surveillance techniques.

(e) How to read labels, a review of current state and federal laws on labeling, and a review of changes in or additions to labels on pesticides used in mosquito control.

(6) Licenses shall be valid for 4 years from the date of issuance.

(7) Re-examination will be required if 16 continuing education units in public health are not obtained within 90 days following expiration date.

(8) Public Health Pest Control applicators shall keep accurate records so that monthly activity reports relative to pesticide application, source reduction, water management, biological control and surveillance activities can be assessed by the department. Pesticides use records shall include:

(a) The name of applicator.

(b) The pesticide and amount used.

(c) Method of application.

(d) The location of the application.

(e) The application rate.

(f) Date and time of application.

(g) Surveillance method and data providing justification for any adulticide applications, as required in Rule 5E-13.036, F.A.C.

(h) These reports shall be retained for a period of 3 years and be made available to the department upon request.

(9) All aerial applicators who apply an arthropod control pesticide by aerial means shall be licensed as an Aerial Public Health Pest Control applicator by the department, whether such pesticides are classified as general use or restricted use. The department considers the pilot in command to be the aerial applicator. Licensure shall be obtained by passing the Aerial, Public Health Pest Control, and General Standards (Core) examinations, administered by the department, by obtaining a score of 70 percent or higher.

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History–New 2-10-87, Formerly 10D-54.040, Amended 3-14-94, 8-9-06, 5-21-14.

Fla. Admin. Code R. 5E-13.041 Authorization for the Department to Promulgate Rules and Regulations More Stringent Than EPA

History

• Rulemaking Authority 388.361 FS. Law Implemented 388.361(3) FS., Section 11, Chapter 91-428, Laws of Florida. History–New 2-10-87, Formerly 10D-54.041, Repealed 5-21-14.

Fla. Admin. Code R. 5E-13.042 Criteria for Arthropod Control That May Affect Environmentally Sensitive and Biologically Productive Public Lands and Other Public Lands

(1) It is the intent of this rule to implement Section 388.4111, F.S., by establishing the procedures to be followed to implement arthropod control plans on environmentally sensitive and biologically highly productive public lands.

(2) Land management agencies and local arthropod control agencies are encouraged to work cooperatively to informally achieve agreement on regarding arthropod control on public lands. To that end, local arthropod control agencies shall, upon request of a land management agency, describe alternative arthropod control measures which may be appropriate for particular public land and otherwise upon request provide information relative to arthropod control.

(3) Each public land management agency managing lands in Florida shall:

(a) Determine whether it is managing public lands in Florida that are environmentally sensitive and biologically highly productive.

(b) Give written notice to the department and any affected local arthropod control agencies which lands are environmentally sensitive and biologically productive. A list of the mosquito control agencies shall be provided by the department to all land management agencies. Written notice shall include but not be limited to:

1. Aerial photographs or maps depicting the public lands made subject to the notice;

2. A statement of the purpose for which the lands are managed along with a description of ecological data giving rise to the determination of the land management agency;

3. A specification of the potential ecological harm to be guarded against in planning arthropod control on such land with a detailed statement of what reasonably feasible arthropod control measures, if any, the land management agency believes would be suitable for such lands; and

4. Such other pertinent information relative to such determination that provides a better understanding of the land management agency’s problems that need to be addressed in an arthropod control plan for the land subject to such determinations.

(4) A local arthropod control agency upon receipt of a written notice shall:

(a) Prepare a written plan for arthropod control on the environmentally sensitive and biologically highly productive public lands identified in the notice. Such proposed plan shall be submitted to the public land management agency within 45 days from receipt of the notice.

(b) The proposed Arthropod Control Plan shall include but not be limited to:

1. The need for arthropod control on the identified lands.

2. The areas where arthropod control measures are proposed.

3. The location of any rotary ditching or other land modification activity.

4. Operational schedules for water level fluctuations.

5. Notification of public lands manager before commencement of control measures.

6. Periodic restrictions as applicable, for example peak fish spawning times.

7. The criteria to be used in determining application of pesticides. Such criteria shall not be less restrictive than criteria in Rule 5E-13.036, F.A.C.

8. The common or chemical name of the pesticides expected to be used.

9. The method of application to be used for each specific product.

10. The rate of application to be used for each specific product.

(5) The proposed public lands Arthropod Control Plan shall:

(a) Become effective immediately upon agreement between the public lands management agency, the local arthropod control agency and the department, or

(b) Become effective within 45 days, or such other period of time agreed to by both parties, from receipt by the public lands management agency unless the agency objects to the proposed plan. The objection(s) of the land management agency shall be filed with the local arthropod control agency and the department with a statement of the reasons for the objection(s) and suggested alternatives. Failure to object to a proposed control plan or a portion thereof shall be deemed consent to perform control methods not objected to.

(6) If the land management agency and the local arthropod control agency are unable to agree on an Arthropod Control Plan, either party may, by written notice, request the department initiate the dispute resolution process pursuant to Section 388.4111(2)(c), F.S. The department shall, within 15 days of receipt of such written notice forward the proposed control plan, the land management agency’s objections, and any other pertinent correspondence or information to the Florida Coordinating Council on Mosquito Control for consideration and recommendation.

(7) Lands identified as environmentally sensitive and biologically highly productive shall remain subject to the local arthropod control agency’s general work plan prior to approval of a control plan pursuant to this rule. However, environmentally sensitive and biologically highly productive public lands identified and managed by the Trustees of the Internal Improvement Trust Fund shall not be subject to control measures without the Trustees’ consent.

(8) Approved current Arthropod Control Plans shall be kept on file with the department. If neither the land management agency or the local arthropod control agency give notice of the need to revise an approved plan, the approved plan shall continue in effect until replaced by substitute plan. If either the land management agency or the local arthropod control agency wishes to revise an approved plan, written notice shall be given to the department and the other agency. A response shall be given within 45 days. Agreed upon revisions shall be submitted to the department. In the event the parties are unable to agree, the dispute resolution procedures of subsection 5E-13.042(6), F.A.C. shall be utilized.

History

• Rulemaking Authority 388.361, 388.4111 FS. Law Implemented 388.4111 FS., Section 11, Chapter 91-428, Laws of Florida. History–New 2-10-87, Formerly 10D-54.042, Amended 8-9-06.

Fla. Admin. Code R. 5E-13.045 Determination of Excessive Costs for Transferring Maintenance Spoil

History

• Rulemaking Authority 388.361 FS. Law Implemented 403.813(2)(g) FS. History‒New 5-26-80, Formerly 10D-54.45, 10D-54.045, Repealed 3-1-94.

Fla. Admin. Code R. 5E-13.046 Alternate State Water Quality Permitting Program for Insect Control Agencies

History

• Rulemaking Authority 388.361, 403.088(1) FS. Law Implemented 403.088(1) FS., Section 11, Chapter 91-428, Laws of Florida. History‒New 1-20-81, Amended 2-10-87, Formerly 10D-54.046, Repealed 3-14-94.

Chapter 5E-14 ENTOMOLOGY - PEST CONTROL REGULATIONS

Fla. Admin. Code R. 5E-14.001 Purpose

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482, 482.032, 482.051(1), 482.061 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.01, 10D-55.001, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.002 Definitions

History

• Rulemaking Authority 482.051(1), 482.061 FS. Law Implemented 482.051 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.02, 10D-55.002, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.003 Licensee Identification – Vehicles, Equipment

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482, 482.051(1), 482.161, 482.191 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.03, 10D-55.003, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.004 Prohibited Acts

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(13), (15), 482.051(1), 482.071, 482.091, 482.111, 482.152, 482.161, 482.191, 482.241 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.04, 10D-55.004, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.005 Contractual Agreements in Public’s Interest- Wood-Infesting Organisms Control and Preventive Treatments

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482, 482.021(15), 482.051(1), 482.061, 482.191, 482.241 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.05, 10D-55.005, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.006 Use of Pesticides – Labels, Limitations, Precautions

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 487 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.06, 10D-55.006, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.007 Sodium Fluoroacetate (Compound 1080) Rodenticide – Use Restrictions and Precautions

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.07, 10D-55.007, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.008 Fumigation Requirements – General Fumigation

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(6), (19), 482.051(1), 482.111(3), (4), 482.151, 482.152 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.08, 10D-55.008, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.009 Fumigation Requirements – Safety, Safety Equipment, Crews

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.152, 482.241 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.09, 10D-55.009, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.010 Fumigation Requirements – Notices

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.071, 482.152, 482.241 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.10, 10D-55.010, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.011 Fumigation Requirements – Application, Restrictions and Precautions

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.152, 482.241 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.11, 10D-55.011, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.012 Fumigation Requirements – Pre-fumigation Inspections, Evacuation, warning Notices (Signs), Special Safety Precautions and Responsibilities

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.111(3), (4), 482.151, 482.152 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.12, 10D-55.012, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.013 Fumigation Requirements – Final Post-fumigation Clearance Inspection

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.152, 482.241 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.13, 10D-55.013, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.014 Fumigation Requirements – Fumigation Vaults, Chambers

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(6), 482.151(1), 482.152 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.14, 10D-55.014, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.015 Fumigation Requirements – Fumigation, Sub-slab Fumigation, Soil Fumigation

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.152 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.15, 10D-55.015, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.016 Fumigation Restrictions and Exemptions

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.16, 10D-55.016, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.017 Qualifications of Applicants for Pest Control Examination

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.132, 482.133, 482.141(2) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.17, 10D-55.017, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.018 Pest Control Categories

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(4), 482.151(1), 482.141(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.18, 10D-55.018, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.019 Proof of Practical Experience

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.133, 482.141(1), (2) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.19, 10D-55.019, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.020 Qualifications for Special Identification Card Examination

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.20, 10D-55.020, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.021 Qualifications for Reexamination

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.141(2), 482.151(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.21, 10D-55.021, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.022 Qualifications for Certificate

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.132 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.22, 10D-55.022, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.023 Time for Reexaminations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.141(1) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.23, 10D-55.023, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.024 Time for Filing Applications for Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.141(2), (5) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.24, 10D-55.024, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.025 Examination Fees

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.141(2), 482.151(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.25, 10D-55.025, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.026 Time Allotted for Completing Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.141(2), (3), 482.151(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.26, 10D-55.026, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.027 Scope of Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.133(2), 482.141(1), (3), 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.27, 10D-55.027, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.028 Submission of Specimens

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.133(2), 482.141(1), (3), 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.28, 10D-55.028, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.029 Grading Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.141(1), 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.29, 10D-55.029, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.030 Review of Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.141, 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.30, 10D-55.030, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.031 Categories

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(4), (6), (8), (11), (18), (22), 482.141(4) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.31, 10D-55.031, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.032 Certificate Issuance and Renewal Fees

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.111(2), (6), (7) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.32, 10D-55.032, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.033 Renewal Forms

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.111(2) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.33, 10D-55.033, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.034 Certified Operator in Charge of Pest Control Activities of a Licensee; Proof of Control, Direction and Supervision

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.071(1), 482.111(2), (3), 482.141(4) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.34, 10D-55.034, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.035 Responsibilities, Duties of Certified Operators

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.141(4), 482.152, 482.161 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.35, 10D-55.035, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.036 Categories

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.151(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.36, 10D-55.036, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.037 Special Identification Card Issuance and Renewal Fees

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.151(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.37, 10D-55.037, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.038 Renewal Forms

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.151(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.38, 10D-55.038, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.039 Duties, Functions and Privileges

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(19), 482.051, 482.151(2) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.39, 10D-55.039, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.040 Application for Emergency Certificate

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.111(10) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.40, 10D-55.040, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.041 Duration of Emergency Certificate

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.111(10) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.41, 10D-55.041, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.042 Responsibilities and Duties – Records, Reports, Advertising, Applications

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.061, 482.071, 482.091, 482.111(10), 482.161(7), (8) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.42, 10D-55.042, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.043 Identification Cards – Application, Issuance, Renewal

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(9), 482.051, 482.091(1), (2), (3), (4) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.43, 10D-55.043, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.044 Identification Card Holders – Responsibilities, Duties

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.09(1), (2), (3), (4) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-20-66, Amended 5-2-74, Formerly 10D-55.44, 10D-55.044, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.045 Notice of Hearing

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.45, 10D-55.045, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.046 Purpose

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.162, 482.171, 120.24, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.46, 10D-55.046, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.047 Definitions

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021, 120.23, 120.25, 120.26, 120.27 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.47, 10D-55.047, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.048 Form of Charges

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171(1), 120.23 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.48, 10D-55.048, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.049 Attorneys

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 120.23, 120.25, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.49, 10D-55.049, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.050 When Action Commenced

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171(1), 120.23 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.50, 10D-55.050, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.051 Service of Pleadings and Papers

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171(1), 120.23, 120.25, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.51, 10D-55.051, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.052 Time

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.25 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.52, 10D-55.052, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.053 Defenses

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.25, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.53, 10D-55.053, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.054 Amended and Supplemental Pleadings

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.25, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.54, 10D-55.054, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.055 Pre-trial Disclosure

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.25, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.55, 10D-55.055, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.056 View of Scene

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.25, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.56, 10D-55.056, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.057 Consolidation: Separate Trials

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.25, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.57, 10D-55.057, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.058 Depositions

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.25, 120.26 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.58, 10D-55.058, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.059 When Action Commenced

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.24, 120.25, 120.26, 120.27 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.59, 10D-55.059, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.060 Continuances

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 120.23, 120.25 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.60, 10D-55.060, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.061 Reinstatement

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.171, 482.181, 120.23, 120.25 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-4-69, Amended 5-2-74, Formerly 10D-55.61, 10D-55.061, Repealed 1-1-77 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.101 Purpose

PART I PUBLIC HEALTH AND SAFETY

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482, 482.032, 482.051(1), 482.061 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 8-11-93, Formerly 10D-55.101, 10D-55.101, Repealed 7-5-95 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.102 Definitions

In addition to those terms contained in Section 482.021, F.S., the following terms shall apply:

(1) “Access device” as used in subsection 5E-14.108(5), F.A.C., is defined as a lockbox or other onsite device that stores the key or controls access, either physically or electronically, to the fumigated structure. This is not a secondary locking device.

(2) “Active aeration” is Step (1) of the aeration procedure on the label.

(3) “Aeration” – Period from the breaking of the seal until the time required by the fumigant label to complete the aeration before the clearance is allowed.

(4) “Barricade and Barring” secures the entrances to a structure against unauthorized entry during the fumigation exposure period and must be demonstratively effective in preventing an exterior door or doorway from being opened from the exterior. Electronic keycard and “keyless” locks, including push button locks, can be used if the access code can be changed so that only trained fumigation employees have the access code, and the code used by the owner/occupants are not functional during the fumigation.

(5) “Breathing Zone” is defined as the area of space in each room of a fumigated structure where persons typically stand, sit, or lie down.

(6) “Classroom” – A student or students studying a subject in a setting conducive to learning, other than field training as required by Section 482.091(3), F.S., with an instructor or other multimedia instructional tools, computer instruction, or correspondence courses.

(7) “Connected Structure” is defined as any structure physically connected with the structure to be fumigated by construction elements (e.g., pipes, conduits, drains, ducts, etc.), which may allow passage of fumigant between the structures.

(8) “Fumigation operation” – All details prior to the application of fumigant(s), the introduction of fumigant(s), fumigation period and post fumigation details as herein outlined.

(9) “Fumigation period” – Period of time from introduction of fumigant(s) until the ventilation of structure is completed, and the structure is declared safe for occupancy.

(10) “General fumigation” – Introduction of fumigant(s) to one (1) or more rooms or their contents in a structure or to entire structure; or to commodities under gas-tight sheets or tarpaulins.

(11) “Introduction of fumigant(s)” – Release of fumigant(s) into structure or enclosed space.

(12) “Multi-unit dwelling” is defined as a multi-unit structure whose primary function is to serve as living quarters for people, such as apartment buildings, condominiums, duplexes, and townhomes.

(13) “Multi-unit structure” – A structure, consisting of one or more stories, composed of functionally distinct units, such as stores and offices, in which units share a common wall of wood or metal studs or single masonry walls, including fire walls.

(14) “Permissible Clearance Device” – Devices listed in Registrant’s current Stewardship Policy designated for use during the structural fumigation process and post fumigation clearance inspection.

(15) “Preventive treatment” – Application of measures for the purpose of preventing infestation(s) or infection(s) of structures by wood-infesting organisms.

(16) “Residential area” – Any area other than an agricultural area or as otherwise specifically exempted by Chapter 482, F.S.

(17) “Residential Fumigant” means a registered pesticide labeled for structural fumigation including or encompassing a residential area in the state of Florida.

(18)“Residential structures” - Is where people typically live (temporarily or permanently) and sleep, such as single-family residences, mobile homes, apartments, townhouses, condominiums, hotels, motels, assisted care facilities, nursing homes, hospitals, barracks, dormitories.

(19) “Secondary Locking Device” is defined as any device, method or barricade, in addition to existing locking mechanisms, that is demonstratively effective in preventing an exterior door or entrance from being opened or entered by normal means by anyone other than the certified operator in charge or his special fumigation identification cardholder.

(20) “Spot fumigation” – Introduction of fumigant to localized harborage or infestation within, on or under a structure or enclosed space, or to a lawn under tarpaulins.

(21) “Spot treatment” – Treatment restricted to specific area(s) of a structure to control or prevent pests.

(22) “Stewardship Policy” means a written plan that addresses the education and training of all fumigation employees and includes requirements for continued sale and use of the registrant’s residential fumigant, instructions to follow the residential fumigant’s label requirements and submission to quality assurance inspections conducted by the registrant or designated representative such as distributors and contractors.

(23) “Trained Fumigation Employee” means any of the following persons who is an employee of a licensee conducting fumigation at the direction of a licensee and Certified Operator in Charge of fumigation and is in compliance with a Stewardship Policy:

(a) Certified Operators in the fumigation category;

(b) Special Identification Cardholders;

(c) Employee Identification Cardholders with the Fumigation Identification Card endorsement.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.021, 482.051 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.102, Amended 8-11-93, 6-12-02, 4-17-03, 9-17-08, 5-7-17, 5-18-26.

Fla. Admin. Code R. 5E-14.1025 Inspections and Investigations

(1) The department will conduct routine inspections or for cause investigations of licensees, certified operators, special identification cardholders, employee identification cardholders, all limited certificate holders, and any other person, pursuant to Section 482.061, F.S., in order to ensure:

(a) The protection of the health, safety, and welfare of pest control employees and the general public.

(b) Compliance with Chapter 482, F.S., and Chapter 5E-14, F.A.C.

(2) The following forms will be used in department inspections and investigations. Copies of these forms may be obtained from the department’s Bureau of Inspection and Incident Response, 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650 or online as provided below.

(a) Pest Control Business Inspection, FDACS-13630, Rev. 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13517.

(b) Pest Control and Limited Landscape Maintenance Service Vehicle Inspection, FDACS-13655, Rev. 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13519.

(c) Notice of Inspection, FDACS-13656, Rev. 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07288.

(d) Affidavit – Pretreatment, FDACS-13658, Rev. 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07290.

(e) Affidavit, FDACS-13661, Rev. 09/16, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07291.

(f) Licensee Inspection Termites and Other Wood-Destroying Organisms Category, FDACS-13672, Rev. 09/16, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07292.

(g) Licensee Inspection Pesticide Product Review, FDACS-13673, Rev. 03/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17957.

(h) Licensee Inspection Fumigation Category, FDACS-13674, Rev. 11/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-19189.

(i) Company Response To Consumer Allegation, FDACS-13620, Rev.10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07300.

(j) Request for Information, FDACS-13678, Rev. 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07301.

(k) Pesticide Sample Collection Report, FDACS-13234, Rev. 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07303.

(l) Pesticide Use Investigation Report, FDACS-13660, Rev. 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13520.

(m) Request for Investigation, FDACS-13701, 11/25 which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-19190.

History

• Rulemaking Authority 482.051, 570.07(22), 570.07(23) FS. Law Implemented 482.032, 482.051, 482.061 FS. History–New 1-9-17, Amended 9-21-21, 4-29-25, 5-18-26.

Fla. Admin. Code R. 5E-14.103 Licensee Identification – Vehicles, Equipment

To assist the Department in enforcement of Chapter 482, F.S., and all regulations thereunder, the licensee shall identify all units or equipment used by him or in his behalf for pest control as follows:

(1) All motor vehicles and all trailers used in behalf of or by any licensee or licensee’s employees in the conduct of pest control shall be marked for easy identification with the licensee’s name or trade name, as registered with the Department. Vehicles shall be permanently marked except as provided below. The term “permanently marked” shall mean paint or decals applied to the vehicle body itself. Only those vehicles used exclusively for the purpose of sales and soliciting of business may be temporarily marked, including the use of magnetic signs, provided that no pesticides or pesticide application equipment are carried in the vehicle. All vehicles used in the conduct of pest control that carry or contain pesticides or pesticide application equipment, shall be permanently marked.

(2) The licensee’s name or trade name shall appear conspicuously on both sides of each motor vehicle and each trailer, and shall be in bold lettering at least one and one-half (1 1/2) inches high, distinctly contrasting in color with the background, and shall be in plain view of the public.

Exception: Personal motor vehicles of principal owner(s) and of certified operator(s) in charge of pest control activities of a licensee, as registered with the Department are exempt from the requirements of subsections 5E-14.103(1) and (2), F.A.C., when such vehicles are not actively, constantly and regularly used in the conduct of pest control for the licensee.

History

• Rulemaking Authority 482.051(2) FS. Law Implemented 482.051(2), 482.161, 482.191 FS., Section 1, Chapter 92-203, Laws of Florida. History–New 1-1-77, Joint Administrative Procedures Committee Objection Withdrawn – See FAW Vol. 3, No. 30, July 29, 1977, Amended 6-27-79, Formerly 10D-55.103, 6-2-04.

Fla. Admin. Code R. 5E-14.104 Prohibited Acts

(1) In solicitation of pest control business, no licensee or its employees shall claim that inspections or treatment are required, authorized or endorsed by the Department.

(2) No reference shall be made in any manner suggesting approval, endorsement or recommendation by the Department.

(3) No licensee, certified operator or identification card holder shall advertise or hold himself out in any manner in connection with pest control as an entomologist, horticulturist, public health engineer, sanitarian, and the like, unless such persons qualified in such field by required professional and educational standards for the title used.

(4) No licensee or its employees shall represent to any property owner or occupant of any structure that any specific pest is infesting said property, structure, or lawn or ornamental thereof, or that it requires a specific treatment for pest control when an infestation, or strongly supporting evidence of such infestation, does not exist. Exception: This prohibition shall not apply to bona fide preventive treatments which imply no infestation per se.

(5) Pesticides shall not be given or sold to the public except in unbroken, original and labelled containers in accordance with Section 487.031, F.S.

(6) No employee of a licensee shall perform pest control or “moonlight” pest control independently.

(7) Licensees shall not purchase a residential fumigant or perform fumigation using a residential fumigant unless the licensee and their fumigation employees have agreed to and are in compliance with the label requirements and Stewardship Policy requirements for the residential fumigant as defined in Rule 5E-2.0312, F.A.C.

(8) A licensee’s fumigation employee shall not perform or assist in a fumigation unless the employee has completed all training required by the Stewardship Policy for the residential fumigant to be used in the fumigation, as set forth in rule Chapters 5E-14 and 5E-2, F.A.C.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.021(13), (15), 482.051(1), 482.071, 482.091, 482.111, 482.152, 482.161, 482.191 FS. History–New 1-1-77, Amended 6-27-79, Formerly 10D-55.104, Amended 8-11-93, 5-7-17.

Fla. Admin. Code R. 5E-14.105 Contractual Agreements in Public’s Interest – Control and Preventive Treatment for Wood-Destroying Organisms

(1) Each licensee must enter into a written contract with the property owner or his authorized agent for each treatment for control or prevention of wood-destroying organisms. The licensee must first obtain specific written consent signed by the property owner or authorized agent using the Consumer Notice Form, FDACS-13692, Rev. 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13400, or at 3125 Conner Boulevard, Bldg. 8, Tallahassee, Florida 32399-1650.

(2) Such contract, except as provided in subsection (3) of this section, or an exact copy thereof must be given to the property owner or the property owner’s authorized agent for acceptance or rejection before any portion of the work is done and before payment, in part or in full, is received by the licensee. The contract shall clearly set forth the following information:

(a) The complete name and address of the property owner or authorized agent and the complete address of the property to be treated.

(b) All buildings or structures on the property to be included for treatment.

(c) The complete name and business address of the licensee.

(d) The date upon which the written contract is entered into, the period of time covered by the contract, and renewal option, if any.

(e) The complete common name(s) of the wood-destroying organism(s) to be controlled or for which preventive treatment is intended under the contract. Any contract for the treatment or prevention of termites must clearly state on the first page if the contract covers subterranean termites, dry wood termites, or both. If Formosan termites (Coptotermes formosansus), or other invasive termite species, are to be excluded from coverage, the species must be named as excluded.

(f) If an existing infestation is known to be present at the time of treatment, the treatment is for control of existing infestation.

(g) Whether or not inspections are to be made under the contract and, if so, approximate time intervals between inspections, and fees other than renewal fees for same, if any.

(h) The conditions under which retreatments (for reinfestation) will be made; and conditions under which repairs will be made, if any.

(i) The total maximum price to be charged for treatment service, the exact annual renewal fees to be charged under the contract, if any; and the total maximum price to be charged for structural repairs, if any, shown separately.

(j) The signature of the licensee or his authorized representative, and the signature of the property owner or the property owner’s authorized agent.

(3) Contracts covering treatments for the prevention of subterranean termites for new construction:

(a) Shall clearly set forth that additional treatment(s) shall be performed to control an infestation should subterranean termite infestation occur to the structure treated during the warranty period. The warranty shall show either the date of initial or final treatment and shall be issued to the property owner or agent within 30 days of the date of initial or final treatment, whichever is specified on the contract, and shall be for a period no less than one year from date of treatment specified on the contract, and

(b) The property owner at the time of each renewal, if a previous renewal was purchased, shall have the option of extending the warranty annually after the first year for no less than 4 additional years. The contract shall conform with Section 482.227, F.S., and contain information required by paragraphs 5E-14.105(2)(a), (b), (c), (d), (e), (f), (g), (h), and (i), F.A.C., and

(c) For treatment of multiple properties for a single owner, if individual contracts are not issued prior to treatment, a licensee shall either enter into a master agreement with the owner or authorized agent prior to treatment that provides for the fulfillment of the requirements of paragraphs (a) and (b), above, or issue an assignable contract on the property on completion of the treatment.

(d) This section applies only to treatment for the prevention of subterranean termites for new construction which does not physically attach to or adjoin existing structures.

(4) In contracts covering spot treatments for wood-destroying organism(s), the requirements of subsections 5E-14.105(1) and (2), F.A.C. shall apply. In addition to these, specific areas in, on or under the structure to be treated shall be listed in the written contract and a statement that a spot treatment only was performed shall be made on the treatment notice posted as required by Section 482.226(5), F.S.

(5) If no responsibility is to be assumed by the licensee for retreatment of the specific area(s) of a structure where spot treatment is to be made, the licensee shall furnish the property holder or his authorized agent with a signed statement to this effect, prior to treatment.

(6) When periodic an inspection specified in wood-destroying organisms preventive or control contracts is conducted or any treatment covered by the wood-destroying organisms preventative or control contracts is performed, the licensee shall furnish the property owner or the property owner’s authorized agent, a signed report indicating the presence or absence of wood-destroying organisms covered by the contract, whether treatment was made, and the common or brand name of the pesticide used. Such report need not be on a form prescribed by the department. A copy of the report shall be retained by the licensee for a period of not less than three (3) years.

(7) If a licensee performs an inspection not specified in the wood-destroying organisms preventive or control contract, and the presence of wood-destroying organisms covered by the contract is identified, the licensee must provide the property owner or property owner’s authorized agent with a signed report notifying her or him of the presence of wood-destroying organisms. A copy of the report shall be retained by the licensee for a period of not less than three (3) years.

(8) A structure shall not be knowingly placed under a second contract for the same wood-destroying organism control or preventive treatment in disregard of the first contract, without first obtaining specific written consent signed by the property owner or the property owner’s authorized agent using the Consumer Consent Form, FDACS-13671, Rev. 09/16, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07325, and on the department’s website under the header “Forms” at https://www.FDACS.gov or at 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650.

(9) Each licensee shall comply with the terms of each pest control contract it issues. All contracts for wood destroying organism protection must comply with the following:

(a) A licensee must inspect for an infestation that is the subject of a re-treatment provision of a contract within thirty calendar days of written notification by the property owner or property owner’s authorized agent to which the contract applies, and must perform a re-treatment required under a contract within ninety days of discovery of an infestation subject to the re-treatment provision of a contract, unless;

1. Access to the property is prevented by the property owner, or

2. The treatment is waived or postponed in writing by the property owner or the property owner’s authorized agent, or

3. The subject property is a commercial or multiunit structure, in which case, the treatment must be performed within 180 days, unless subparagraphs 1. or 2., above applies.

(b) In the event a contract expires before a re-treatment, subject to paragraph (9)(a), above, can be accomplished, the licensee shall make a written offer to perform the re-treatment in accordance with the terms of the contract within ninety days at no additional cost.

(c) A licensee may not use a limitation, exclusion, or condition clause of a contract to deny treatment of a termite infestation or repair of termite damage to the holder of a contract, unless the termite infestation or damage was primarily caused by the subject of the limitation, exclusion, or condition clause in the contract, and, if the licensee was aware of the condition that is subject to a limitation, exclusion, or condition clause in the contract, the licensee provided written notice to the property owner or agent of that condition within sixty days of discovery and provided the property owner the opportunity to correct that condition. If the property owner did not correct the condition within sixty days of the written notice, then the licensee may use the limitation, exclusion, or condition clause in the contract to deny repair or re-treatment.

(10) A licensee acting as a primary contractor who may subcontract the performance of the work to another licensee shall notify the customer that the performance of the work may be assigned to another licensee other than the primary contractor. This written notification shall be part of the contract as a separate statement itself or attached to the contract as a separate document, and must be signed or initialed by the consumer.

(a) When a primary contractor subcontracts the performance of the work to another licensee (subcontractor), the primary contractor must obtain approval from the customer and identify the subcontracted licensee’s name and licensee number prior to the performance of the work. In the instance that there is a change in the previously agreed upon subcontractor, the primary contractor must follow the same requirements.

(b) The notification and approval requirements listed in 5E-14.105(10)(a), F.A.C., shall be memorialized on the Notice of Subcontracting, FDACS-13712, 03/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17958.

PART I PUBLIC HEALTH AND SAFETY

History

• Rulemaking Authority 482.051, 570.07(22), 570.07(23) FS. Law Implemented 482.051(3), 482.226 FS. History–New 1-1-77, Joint Administrative Procedures Committee Objection Withdrawn – See FAW Vol. 3, No. 30, July 29, 1977, Amended 6-27-79, 10-25-90, Formerly 10D-55.105, Amended 8-11-93, 4-17-03, 6-1-06, 9-17-08, 11-26-08, 1-9-17, 8-8-21, 4-29-25.

Fla. Admin. Code R. 5E-14.106 Use of Pesticides – Labels, Limitations, Precautions

(1) Only those pesticides having state label registration clearance shall be used. It shall be unlawful to use any registered pesticide in a manner inconsistent with its label and labeling, except as provided by the United States Environmental Protection Agency, the United States Department of Agriculture, or the Department.

(2) Licensees and certified operators shall maintain at the licensed business locations copies (hard or digital) of current registered labels for all pesticides used in their pest control operations which labels shall be available for inspection upon request.

(3) All pesticide concentrates used in the field shall be kept under lock when in unattended service vehicles. They shall be kept in leakproof containers legibly tagged or labelled for identification and providing information required by EPA regulations or recommendations.

(4) Pesticides kept in containers other than application equipment shall be accurately identified by permanent, durable label or tag, showing the common or chemical name(s) of principal active ingredient(s) and providing information required by EPA regulations or recommendations.

(5) Spray tanks in which pesticides are mixed or from which pesticides are dispensed in pest control operations and to which water is added shall not be filled through direct fill-pipe or hose connections protruding into the spray tank. Fill-pipes or hoses must terminate at least two inches above spray tank intake fill opening or be equipped with an effective anti-siphoning device to prevent back siphonage into water supply.

(6) Pesticides used as the primary treatment for the prevention of subterranean termites for new construction shall be applied in the specific amounts, concentration, and treatment areas designated by the label.

(7) Each pesticide used for the primary preventive treatment of new construction for the prevention of subterranean termites, in its original formulation, shall be mixed at the treatment site immediately prior to application.

(8) For each pesticide used for preventive treatment for new construction, a copy of the label of the registered pesticide being used shall be carried in the vehicle from which the application is performed. The licensee shall maintain records for 3 years of each treatment for the prevention of subterranean termites for new construction indicating the date of treatment, address of property treated, total square footage of structure treated, pesticide used, percent concentration of mixture applied and total volume applied as well as maintaining records of all termiticides purchased, obtained, or available for its use; the total amount of the area treated; and the total number of sites treated using this and any other method of treatment for the prevention of subterranean termites.

(9) When a pesticide registered as a preventive treatment for new construction has been applied as the primary preventive treatment for a structure in accordance with subsection 5E-14.106(6), F.A.C., or will be applied prior to completion of construction, a secondary treatment using a second pesticide registered for preventive treatment for new construction may be applied in accordance with label directions.

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.106, Amended 7-5-95, 4-17-03, 6-30-05, 7-11-07, 4-29-25.

Fla. Admin. Code R. 5E-14.107 Sodium Fluoroacetate (Compound 1080) Rodenticide – Use Restrictions and Precautions

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.107, Repealed 6-27-79 (by 20.19 FS.).

Fla. Admin. Code R. 5E-14.108 Fumigation Requirements – General Fumigation

(1) Each general fumigation shall be personally directed, supervised and performed by a certified operator in fumigation or personally by a special fumigation identification card holder authorized by the Department and designated by and under the direction and supervision of the certified fumigation operator in charge. Such certified operator in fumigation or the designated special fumigation identification card holder shall be available and on call at all times during the fumigation period of each general fumigation job in progress.

(2) Whenever the presence of two (2) persons trained in the use of the fumigant is required by the fumigant label, at least one of these persons must be either a certified operator in fumigation or a designated special identification fumigation cardholder. The second person shall be a certified operator in fumigation, a special identification cardholder, or an identification cardholder with a Fumigation Identification Card endorsement on the employee identification card, which may be obtained as provided in subsection 5E-14.1421(7), F.A.C. Two (2) trained persons shall be present at each fumigation site for the introduction of the fumigant, entry during fumigation, and from the start of aeration (first opening of the seal) until the active aeration period with all operable doors and windows open, if required by the fumigant label, is completed and the structure is secured for the remaining aeration period. When fumigating a residential structure, after the first hour of active aeration, a certified operator in fumigation or a special identification cardholder may test the fumigant concentration level with a permissible clearance device within the breathing zone of a residential structure and if determined to be 1 ppm or less, a second trained fumigation employee would not be required to be onsite for the remaining active aeration period. However, the active aeration period shall not be shortened under any circumstances, and either a certified operator in fumigation or the designated special identification fumigation cardholder must remain onsite for the entire duration of active aeration. The date and time, the clearance device reading (ppm), the permissible clearance device’s model and serial number used and name of certified operator or special identification card holder who conducted the fumigant concentration level test must be documented on the Fumigation Log, FDACS-13000, Rev. 03/26, as adopted in subsection 5E-14.142(3), F.A.C. A certified operator in fumigation or a special identification cardholder shall be present at those times required by the fumigant label or by subsections 5E-14.108(1), 5E-14.111(3), 5E-14.112(1) and 5E-14.113(1), (2), F.A.C.

(3) It shall be the duty of the certified operator in charge of fumigation to carry out the following:

(a) Train and/or verify training to each special fumigation identification cardholder in proper fumigation procedures as required by regulations and fumigant label directions, and to know the location, purpose, use and maintenance of personal protective equipment and fumigant detection and safety devices and when and how to use this equipment.

(b) Train each identification cardholder, assigned to fumigation work, in basic fumigation procedures, SCBA (self contained breathing apparatus) use and the proper use of fumigant safety equipment and to report immediately to the certified operator in charge or his special fumigation identification cardholder any irregularities or emergencies.

(4) The department shall issue an immediate stop-use or stop-work order by utilizing the department’s electronic fumigation notification website at https://aeslicensing.fdacs.gov or issuance of a Fumigation Stop-work or Use Order, pursuant to subsection 482.051(6), F.S., for fumigation performed in a manner that presents an immediate serious danger to the health, safety or welfare of the public or employees of a pest control company. Fumigant use or work shall not be resumed until corrections are made, verified, and either the release section of the stop order is completed by department personnel or the stop order is removed from the electronic fumigation notification system at https://aeslicensing.fdacs.gov.

(5) Fumigators must have in their possession any keys or an access device necessary to gain the immediate access to a structure, including secondary locking devices, during the entire time that the structure is under fumigation (fumigant release, exposure period, aeration and until properly determined clear of all fumigant), unless a waiver is issued for specialized structures by the Department of Agriculture and Consumer Services.

(6) When crew members are present on the fumigation site, two properly functioning, positive pressure, self-contained breathing apparatus (SCBA) must be available at the fumigation site at all times when the structure is under fumigation (fumigant introduction, exposure period, active aeration and at other times when state law or the fumigant label requires the use or presence of a SCBA). Two SCBA do not need to be present at the fumigation site for activities that do not involve worker exposure to fumigant concentrations above thresholds permitted by the fumigant label or after the first hour of active aeration when fumigating a residential structure, if a certified operator in fumigation or a special identification cardholder determines that the fumigant concentration level within the breathing zone is 1 ppm or less. Such activities that do not involve worker exposure to fumigant concentrations above thresholds permitted by the fumigant label could include, but would not be limited to, using a high-level concentration monitoring device, using a leak detection device, job site cleanup, FDACS inspections, and Quality Assurance Reviews. If a SCBA is not in use, a permissible clearance device is required to be used while in the enclosed space fumigated until the required aeration period is completed.

(7) Each business licensee location performing fumigation must own at least two permissible clearance devices, so that at all times, a licensee has access to a properly functioning clearance device, which must be calibrated in accordance with the clearance device manufacturer’s instructions.

(8) Licensees performing fumigations using a residential fumigant must ensure that all functioning and non-functioning fumigant clearance devices being used by the licensee are recorded within the department’s electronic fumigation notification website at https://aeslicensing.fdacs.gov. Information recorded must include the name of the manufacturer, serial number, last date of calibration and operational status of each device. The department shall grant access to third parties for the purpose of verifying that the records maintained on the fumigation notification website are accurate. It is solely the licensee’s obligation to ensure that all data submited to the deparment is accurate.

(9) Licensees performing fumigations with a residential fumigant must agree to, in writing, and be in compliance with the Stewardship Policy requirements for the residential fumigant used, including having completed all training and quality assurance review(s) required under the relevant Stewardship Policy. New trained fumigation employees must receive Initial Stewardship Training on the residential fumigant(s) used by the licensee within 60 days of their first day of employment by the licensee, if the new fumigation employee did not receive that stewardship training earlier in the calendar year. Current employees of the licensee who transition to working as fumigation employees must receive Initial Stewardship Training on residential fumigant(s) used by the licensee within 60 days of receiving their new identification cards (e.g. as a certified operator for fumigation, a special identification cardholder, or an ID cardholder with a fumigation endorsement) if they did not receive that stewardship training earlier in the calendar year.

(10) A licensee (primary contractor) subcontracting a fumigation job to another licensee (subcontractor) shall inform the subcontractor of the residential fumigant to be used based on the residential fumigant fact sheet provided to the customer. If a subcontractor further subcontracts any fumigation job, they must notify the new subcontractor of what fumigant was designated to be used by the primary contractor. The subcontractor shall use the residential fumigant as designated by the primary contractor and must provide proof of stewardship training for the residential fumigant designated by the primary contractor upon request.

(11) A subcontracted licensee cannot further subcontract to another licensee without first notifying the primary contractor and allowing for compliance with subsection 5E-14.105(10), F.A.C.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.032, 482.051(1), 482.051(6), 482.061, 482.152, 482.163 FS. History–New 1-1-77, Amended 6-22-83, Formerly 10D-55.108, Amended 7-5-95, 6-12-02, 4-17-03, 5-7-17, 5-18-26.

Fla. Admin. Code R. 5E-14.109 Fumigation Requirements – Safety, Safety Equipment, Crews

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.152, 482.241 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, Formerly 10D-55.109, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.110 Fumigation Requirements – Notices

(1) Each licensee, before performing general fumigation, shall notify the department at least twenty-four (24) hours in advance of the fumigation period. Notification shall be made utilizing the department’s electronic fumigation notification website https://aeslicensing.fdacs.gov or by submitting via electronic mail to biirfumigation@FDACS.gov, a completed Notification of Fumigation, FDACS-13667, Rev. 11/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-19188. The notice shall accurately state the following:

(a) Company name, license number, email address and business location address.

(b) Trade name and active ingredients of fumigant to be used.

(c) Name of certified operator in charge, together with their day and night telephone numbers.

(d) Location (address), county, type of structure (residential, non-residential, vault or other), and number of structures to be fumigated.

(e) Date of fumigation.

(f) Target pest.

(g) Primary Contractor’s name and address (if subcontracted).

(h) Reason for less than 24 hour notification.

(2) Any change(s) in information required in notices by this regulation shall be reported via https:/aeslicensing.fdacs.gov or in writing via electronic mail to biirfumigation@FDACS.gov in advance of the fumigation period.

(3) Exceptions: Notification of less than 24 hours is allowed only for verifiable situations affecting the health, safety, and welfare of the public or if a Notice of Fumigation, FDACS-13667, Rev. 11/25, was previously submitted and a verifiable severe weather condition is forecast. Licensees must maintain weather reports (ie: print out from a local news weather report, The Weather Channel or the National Weather Service) of the forecasted severe weather condition for twenty-four months. Notification shall be made immediately before the fumigation period by advance electronic submission via https://aeslicensing.fdacs.gov, or electronic mail to biirfumigation@FDACS.gov.

(4) A licensee that performs chamber or vault fumigations on the premises of the licensee’s licensed business location shall notify the department annually in writing. This notice may be submitted using the electronic notification system at https://aeslicensing.fdacs.gov. Information required in the written notification shall include the type (or description) of chamber being used on the property (such as shipping containers, trucks, PODS, tarpaulin areas, etc.), and the days of the week and hours during which these fumigations may be performed during the year of notification. The licensee shall provide the department at least 24 hours notice of any changes in the days of the week and hours during which fumigations may be performed.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.051(4) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.110, Amended 7-5-95, 9-17-08, 9-6-10, 5-7-17, 8-8-21, 5-18-26.

Fla. Admin. Code R. 5E-14.111 Fumigation Requirements – Application; Restrictions and Precautions

(1) The structure nor the enclosed space to be fumigated nor any part or parts thereof shall be occupied by persons during the fumigation period. In addition, structures or enclosed spaces which are physically connected with the structure to be fumigated shall not be occupied by persons during the fumigation period. (See subsections 5E-14.111(2) and (3), F.A.C.)

(2) In the event one or more units in a multi-unit structure are to be fumigated, the entire multi-unit structure must be vacated prior to fumigation and individually tested for clearance in accordance with label instructions following fumigation. If these requirements cannot be met, the fumigation shall not be performed.

(3) It shall be the duty of the certified operator in fumigation or the designated special fumigation identification card holder to be present and personally make a careful examination of all parts of the structure to be fumigated, such as locked rooms, compartments, closets, enclosed spaces and any connected structures, to verify that no persons have remained therein.

(4) Fumigation of structures shall be performed in strict accordance with the Stewardship Policy, registered label and manual and precautions for the intended use and type of structure, provided there is sufficient distance along the entire length of the passageway between the structure(s) to be fumigated and all adjacent occupied structure(s) to allow visible inspection, with or without egress, for connected structures as defined in subsection 5E-14.102(7), F.A.C., and inspection for and sealing of exterior openings, such as vents, windows, etc., that require sealing for adequate fumigant confinement. If these requirements cannot be met, the fumigation shall not be performed unless the adjacent structure(s) is vacated.

(5) When using a residential fumigant to fumigate structures, technical chloropicrin shall be used separately as a warning agent immediately prior to release of the residential fumigant at the rate of not less than one fluid ounce per 15,000 cubic feet of space to be fumigated or as otherwise directed by fumigant label.

Exceptions: This section shall not apply to the fumigation of common carriers (trucks, box cars, refrigerator cars), the fumigation of tobacco warehouses and factories, the fumigation in tanks, vaults or chambers, or the fumigation of commodities in industrial areas when it has been determined by prior inspection by the certified operator in charge that no danger to human life or health exists unless required by the fumigant label.

(6) The structure or enclosed space must be made as gas-tight as is practicable. Structures or enclosed spaces which cannot be made reasonably gas-tight by sealing or tenting shall not be fumigated.

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.152 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.111, Amended 8-11-93, 9-17-08, 9-6-10, 5-18-26.

Fla. Admin. Code R. 5E-14.112 Fumigation Requirements – Prefumigation Inspections, Evacuation, Warning Notices (Signs), Special Safety Precautions and Responsibilities

(1) Final pre-introduction of fumigant and evacuation inspection: Before the fumigant(s) is to be applied, the certified operator in fumigation or the designated special fumigation identification card holder must make a final, personal inspection of the structure and shall ensure that:

(a) All preparations for fumigation as directed by the label have been completed.

(b) No unauthorized person is present within the structure or enclosed space to be fumigated or in any adjacent structures or spaces that are required by these regulations to be vacated because of danger from the fumigation operation.

(c) No open fires, flames, pilot lights or oil lamps are burning.

(d) The final inspection must be conducted immediately before the fumigant is to be applied, unless the structure is a multi-unit dwelling, in which case, the following special provision shall apply:

On multi-unit dwellings, the certified operator in fumigation and/or the designated special fumigation identification cardholder shall conduct a thorough, systematic inspection of each room in every unit to ensure that all provisions specified above have been completed. Then, exterior doors and/or entrances of each inspected unit shall be secured against unauthorized re-entry while preparations and inspection of other units or areas of the structure are completed. This may require the temporary use of secondary locks on entrances that are to be left unattended between the time of inspection and the introduction of the fumigant. If an individual unit or units cannot be safely secured while preparations of other areas are taking place, then those units must be re-inspected immediately before the fumigant is to be applied.

(2) Prior to the introduction of fumigant(s), suitable warning signs of stiff, weather-proof material must be securely affixed and conspicuously posted as follows:

(a) In tape-and-seal fumigation operations: at or on all doors and entrances to the structure or enclosed space, and at least one (1) warning sign on all sides of the structure or enclosed space not having a door or entrance which must be clearly visible from all accessible sides, and from any direction from which the site may be approached;

(b) In tent fumigation operations and also including commodity fumigations: at least one (1) warning sign posted at or on all doors and entrances to the structure or enclosed space and at least one (1) warning sign on all sides of the outside of the tents or sealing covers of the structure, enclosed space or commodities being fumigated which must be clearly visible from all accessible sides, and from any direction from which the site may be approached;

(c) At all doors and entrances to common carriers or enclosed space fumigated;

(d) Upon all gangplanks, ladders, etc. from the dock, pier or land to vessel.

(e) On multi-unit dwellings, warning signs must be posted at or on all exterior doors or entrance(s) of the structure which, depending on construction, might require sign(s) on all exterior doors or entrances of each individual unit or apartment.

(3) Warning signs shall conform in design and information set forth as follows:

(Skull and Crossbones Symbol)

Danger/PELIGRO

(Skull and Crossbones Symbol)

Area under fumigation, DO NOT ENTER/NO ENTRE

Brand Name of fumigant used

Deadly Poison

Date and time fumigant was introduced ___

Company Name ___

Company Business Address ___

Certified Operator in Charge ___

Fumigant Introduced by ___

Day Telephone ______

Night Telephone ______

(4) Signs required must be printed, painted or made in indelible red ink or paint insoluble in water, on white background. The words “DANGER/PELIGRO” and “Deadly Poison” shall be in block lettering at least two (2'') inches high. The name of the fumigant shall be at least five-eighths (5/8'') inch high. The skull and crossbones symbol shall be at least one (1'') inch high. All other lettering on the sign must be not less than one-half (1/2'') inch high.

(5) All information displayed on warning signs must be accurate and legible. The name and day and night telephone number of the certified operator in charge of fumigation, or a certified fumigation operator, or a special fumigation identification cardholder who introduced the fumigant at the fumigation site must be displayed on the warning sign. Additional numbers and other contact information may be placed on the sign. All emergency phone numbers must be a phone number, mobile/cell phone number or beeper number in the possession of a person familiar with the job and trained to respond to fumigation emergencies and equipped with label required respiratory protection and gas detection equipment. Answering machines, beepers or voice mail systems that do not provide a mechanism for immediate notification to an individual as described above are prohibited. A 24 hour manned answering service that can immediately contact a certified fumigation operator or a special fumigation identification cardholder of the company who can respond to the emergency is acceptable.

(6) Such warning signs posted on the outside of tents or sealing covers shall not be removed prior to commencement of aeration and such warning signs posted on or at entrances to the structure (itself), enclosed space or commodities being fumigated shall not be removed until the end of the fumigation period, when aeration has been completed and the premises declared safe for reoccupancy as required by subsections 5E-14.113(1) and (2), F.A.C. Aeration shall be conducted with due regard for the public safety.

(7) Special safety precautions, responsibilities.

(a) When conditions involving abnormal hazards exist, it shall be the responsibility of the person exercising direct and personal supervision of the fumigation operation to take such safety precautions additional to those prescribed by this chapter as are reasonably necessary to protect the public and employee health and safety.

(b) All exterior doors and entrances to the fumigated structure(s) shall be posted with a warning sign on or at each door or entrance prior to the release of the fumigant, locked, and secured with a secondary locking device(s) or barred or otherwise secured against entry until the end of the exposure period, then opened for aeration and relocked, barred or otherwise secured against reentry, including the reinstallation of the secondary locking device(s), until declared to be safe for reoccupancy by the person exercising direct and personal supervision of the fumigation operation as required by subsections 5E-14.113(1) and (2), F.A.C. A door or entrance, that, once locked from the interior with a lock that is not accessible from the exterior, does not require a secondary locking device or barricade.

(c) Entrances which do not have existing locking mechanisms or are inoperable must still be secured with a secondary locking device.

(d) If multi-unit dwellings with internal stairwells accessing each floor can be secondarily locked or secured, barred or barricaded at all ground level entrances, then no other secondary locking devices are necessary, provided that the requirements of subsection 5E-14.112(1), F.A.C., are met. Multi-unit dwellings with exterior stairwells or fire escapes must be secured or otherwise barricaded or barred to prevent entry from both ground and first floor levels and from any entrance to the structure accessed from the stairwell or fire escape. If neither of these conditions can be met, then all entrances to individual units and all exterior entrances must be locked or secured, barricaded or barred with secondary locking devices.

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.152 FS. History–New 1-1-77, Amended 6-27-79, Formerly 10D-55.112, Amended 4-17-03, 9-17-08, 5-18-26.

Fla. Admin. Code R. 5E-14.113 Fumigation Requirements – Final Post-fumigation Clearance Inspection

(1) The certified operator in fumigation or the designated special fumigation identification card holder shall personally determine by using a permissible clearance device, which is calibrated as required by either the device manufacturer or the registrant’s Stewardship Policy, whichever is more restrictive, that the entire structure or enclosed space fumigated, has been safely aerated as required by fumigant label directions, to permit safe human entry and occupancy. No person, other than the certified operator in fumigation, the designated special fumigation identification cardholder, or trained identification cardholder, utilizing the label-approved respiratory protective equipment or a permissible clearance device, may enter, occupy or reoccupy the fumigated structure for any reason prior to completion of the aeration procedure(s) and declaration of clearance. All warning agent containers shall be removed from the structure during active aeration. In no instance shall aeration time be less than required by the fumigant label.

(2) Declaring structure or enclosed space fumigated safe for entry and occupancy: A certified operator in fumigation or the designated special fumigation identification card holder shall not permit or allow any unauthorized person to enter or occupy or reoccupy the structure or enclosed space fumigated until the aeration procedures as required by the fumigant product label are completed, and he has personally checked the breathing zone of each room within the fumigated structure for fumigant levels with a permissible clearance device and found the structure to be safe for human entry and occupancy, and he shall personally certify by his own signature as a result of his final personal inspection and monitoring examination of the entire structure or space fumigated that the same and adjacent vacated structures are safe for human entry, occupancy. Such notice of clearance shall be in writing and shall be conspicuously posted by the certified operator in fumigation or the designated special fumigation identification cardholder on all entrances of the fumigated structure or enclosed space. Clearance notices may not be posted prior to performing the clearance inspection with the permissible clearance device. The signature of the certified operator in fumigation or the designated special fumigation identification card holder and the exact date and hour of release for reentry shall be set forth in all notices. In no case shall the notice of clearance be post-dated.

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.152 FS. History–New 1-1-77, Formerly 10D-55.113, Amended 4-29-02, 4-17-03, 5-18-26.

Fla. Admin. Code R. 5E-14.114 Fumigation Requirements, Fumigation Vaults, Chambers

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.021(6), 482.151(1), 482.152 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.114, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.115 Fumigation Requirements – Spot Fumigation, Sub-slab Fumigation, Soil Fumigation

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.151(1), 482.152 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.115, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.116 Fumigation Restrictions and Exemptions

PART II APPLICATION FOR EXAMINATION

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.116, Repealed 8-11-93.

Fla. Admin. Code R. 5E-14.117 Application for Department Credentials

(1) Applications for examination must be made within one year after the applicant’s employee identification card expiration date. To apply for examination or reexamination for a pest control operator’s certificate and special identification card, the applicant shall complete the process online at https://www.aeslicensing.fdacs.gov, or submit the following forms to 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650. All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650.

(a) Pest Control Examination Application, FDACS-13607, Rev. 03/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17959.

(b) Employment Service, FDACS-13627, Rev. 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07306.

(c) Documented Pesticide Application for Certification Exam Qualification, FDACS-13653, Rev. 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07307.

(2) An applicant having three years documented service employment with a licensee who performs pest control in all categories, as defined in Section 482.021(3), F.S, is qualified for examination in all categories, provided the applicant has a minimum of nine (9) months service employment in each category for which he makes application for examination.

(3) An applicant having three years service employment with a licensee who performs pest control in less than all categories is qualified for the examination in those categories only, unless an applicant, already certified, qualifies for examination in an additional category after having nine (9) months service employment with a licensee who performs pest control in such additional category.

(4) A department identification card held for three years as a service employee will constitute proof of experience with respect to the time requirement in subsection (2) or (3). A maximum of two (2) years of documented out-of-state experience will be credited on an equivalent basis. The department will accept the following documents as proof of out-of-state experience: payroll records; notarized letters of experience; and certifications regulating pest control issued by an out-of-state agency. Agricultural pesticide applicator licenses/licensing do not apply toward the credit or equivalent basis.

(5) Any applicant for examination whose license, identification card, pest control operator’s certificate or special identification card has been denied (issuance stopped), suspended, revoked or is on probation by the department, shall not be permitted to take any examination while under such denial, suspension, revocation or probation.

(6) Applicants may be examined for certification in one or more of the following categories of pest control:

(a) Fumigation;

(b) General household pest control, which includes rodent control;

(c) Termite or other wood-infesting organism control;

(d) Lawn and ornamental pest control.

(7) Prior to application for examination:

(a) An applicant for examination for Termite/Wood Destroying Organism Pest Control, Lawn and Ornamental Pest Control, or General Household Pest Control certification must:

1. Participate in a minimum of 45 jobs in Florida under the supervision of a certified operator in each category that the applicant seeks certification.

2. Document all 45 jobs on the Documented Pesticide Application for Certification Exam Qualification, (FDACS-13653, Rev. 10/15), and the supervising certified operator shall certify the documented jobs were participated in by the applicant under their supervision and that the applicant has demonstrated the requisite knowledge to perform and supervise such work.

(b) An applicant for the Fumigation certification and a Special Identification Card must:

1. Participate in a minimum of 15 jobs in Florida under the supervision of a certified operator prior to application for examination.

2. Document their participation in 15 general fumigations (as defined by subsection 5E-14.102(4), F.A.C.), on the Documented Pesticide Application for Certification Exam Qualification, (FDACS-13653, Rev.10/15), as adopted in paragraph 5E-14.117(1)(c), F.A.C., and the supervising certified operator shall certify that the documented jobs were participated in by the applicant under their supervision and that the applicant has demonstrated the requisite knowledge to perform and/or supervise such work.

3. Applicants for special identification card examination are not required to be high school graduates.

(c) For purposes of this section, a “job” shall mean the active participation in all aspects of a complete individual pesticide application or inspection, specific to a target pest at a designated location and address, in the pest control category for which the applicant has applied for examination. If seeking to be examined in the Termite and Other Wood Destroying Organism Pest Control Category, an applicant shall not submit more than 15 wood-destroying organism inspections as described in paragraph 5E-14.142(5)(c), F.A.C., as part of the 45 job requirement.

(8) An applicant for limited certification in Commercial Landscape Maintenance shall complete the initial exam application or renewal process online at https://www.aeslicensing.fdacs.gov or submit the following by mail to the address as instructed on the form:

(a) For initial applicants:

1. The initial examination fee of $150.

2. Application for Limited Certification, FDACS-16043, Rev. 03/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17960.

3. Proof of insurance using the Certificate of Insurance, FDACS-13688, Rev. 09/16, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07309.

(b) For renewal applicants:

1. The annual recertification fee of $75.

2. Renewal Application Limited Certification, FDACS-16044, Rev. 03/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17961.

3. Documentation of obtaining 2 hours of General Standards (Core) approved continuing education and 2 hours of approved continuing education in the appropriate certificate category in accordance with paragraph 5E-14.132(4)(g), F.A.C.; and,

4. Proof of insurance using form, Certificate of Insurance, FDACS-13688, Rev. 09/16, as referenced in subparagraph 5E-14.117(8)(a)3., F.A.C.

(9) An applicant who fails to pass one or more category or special identification card examinations may reapply for examination upon filing the prescribed application accompanied by a fee of $300 for each category examination or $200 for each special identification card examination.

(10) An applicant for limited certification for governmental pesticide applicators or private applicators shall complete the initial application for examination on line at https://www.aeslicensing.fdacs.gov or submit the following by mail to the address as instructed on the form.

(a) For initial applicants:

1. The examination fee is $150.

2. Application for Limited Certification, FDACS-16043, Rev. 03/25, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17960; and,

(b) For renewal applicants:

1. The renewal fee for the limited government/private certificate of $25.00.

2. Applicants can renew on line at https://www.aeslicensing.fdacs.gov, or submit a Renewal Application Limited Certification FDACS- 16044, Rev. 03/25; and,

3. Proof of having obtained 2 hours of General Standards (Core) approved continuing education and 2 hours of approved continuing education in the appropriate certificate category in accordance with paragraph 5E-14.132(4)(g), F.A.C.

(11) Any person applying commercial fertilizer to an urban landscape must have a limited certification for urban landscape commercial fertilizer as provided herein. Applicants shall complete the initial application or renewal process online at https://www.aeslicensing.fdacs.gov or submit the following by mail to the address as instructed on the form:

(a) For initial applicants:

1. The application fee of $25.00,

2. A copy of the training certificate issued pursuant to Section 403.9338, F.S.,

3. Application for Limited Certification, FDACS-16043, Rev. 03/25; and,

(b) For renewal applicants:

1. The renewal fee of $25.00,

2. Renewal Application Limited Certification, FDACS 16044, Rev. 03/25; and,

3. Proof of having obtained four (4) classroom hours of acceptable continuing education training in accordance with paragraph 5E-14.132(4)(g), F.A.C. At least two (2) hours of this training must address fertilizer best-management practices.

(12) An applicant for limited certification for commercial wildlife management shall complete the initial application for examination or renewal process online at https://www.aeslicensing.fdacs.gov or submit the following by mail to the address as instructed on the form:

(a) For Initial applicants:

1. The initial examination fee of $150,

2. Application for Limited Certification, FDACS-16043, Rev. 03/25; and,

3. Proof of insurance using the Certificate of Insurance, FDACS-13688, Rev. 09/16, as referenced in subparagraph 5E-14.117(8)(a)3., F.A.C.

(b) For renewal applicants:

1. The annual recertification fee of $75.00,

2. Renewal Application Limited Certification, FDACS-16044, Rev. 03/25,

3. Proof of having obtained four (4) classroom hours of acceptable continuing education training in accordance with paragraph 5E-14.132(4)(g), F.A.C.; and,

4. Proof of insurance, using the Certificate of Insurance, (FDACS-13688, Rev. 09/16), as referenced in subparagraph 5E-14.117(8)(a)3., F.A.C.

(13) All applicants for all certifications and identification cards must be 18 years of age or older.

History

• Rulemaking Authority 482.051, 482.151, 482.1562, 570.07(23) FS. Law Implemented 112.011(1), 482.111, 482.132, 482.141, 482.151, 482.152, 482.155, 482.156, 482.1562, 482.157 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.117, Amended 8-11-93, 7-5-95, 5-28-98, 4-29-02, 7-11-07, 2-24-09, 5-12-10, 5-20-12, 1-9-17, 8-8-21, 10-24-23, 4-29-25.

Fla. Admin. Code R. 5E-14.118 Pest Control Categories

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(4), 482.051(1), 482.132(3), 482.141(2), (3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-22-83, Formerly 10D-55.118, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.119 Proof of Practical Experience

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.132, 482.141(1), (2), 482.151(1) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-22-83, Formerly 10D-55.119, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.120 Application for Examination for Special Identification Card

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.132(1), 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.120, Amended 8-11-93, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.121 Application for RE-examination

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.132, 482.141(2), 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.121, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.122 Qualifications for Certificate

PART III EXAMINATIONS

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.132 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.122, Repealed 6-27-79.

Fla. Admin. Code R. 5E-14.123 Examinations

(1) An application for examination and a fee of $300 for each category of pest control in which the applicant desires to be examined must be paid by each applicant at the time of application submission. Checks or money orders shall be made payable to the Department. Applications received without the required fees will be considered incomplete and will not be processed. Checks returned by the bank will invalidate the application for non-payment of fees.

(2) The fee for special identification card examination shall be $200 for each category in which the applicant desires to be examined.

(3) Four (4) hours will be allotted for completing examinations in each category.

(4) Three (3) hours will be allotted for completing special identification card examinations.

(5) All examinations shall consist of theoretical questions, and practical questions. All applicants for examination for certification or special identification card will be examined on or required to demonstrate satisfactory knowledge of the following:

(a) Pest Control Act, Chapter 482, F.S.

(b) Rules of the Department, Chapter 5E-14, F.A.C., Pest Control Regulations, Parts No. 1 through 6.

(c) Precautions necessary and required by law, rules and good industry practice for the safeguard of life, health and property in the conduct of pest control.

(d) Pests, their habits, recognition of damage caused, and identification by accepted common names.

(e) Building construction terminology.

(f) Accepted good industry methods and practices founded upon recognized publications of the industry.

(6) In order to receive a passing grade on any examination, the following must be attained:

A total point score, equal to or exceeding seventy-five (75) percent of the total number of examination questions.

(7) Examinations shall be hand or machine scored and graded by or under the direction of the Department, and examinees notified that they either passed or failed.

(8) Examination procedures and violations. In-person and remote-proctored examination rules and procedures shall be published and presented to each examinee prior to examination. If the Department determines that an examinee has violated examination rules and procedures, the following shall occur:

(a) The exam results will be invalidated.

(b) Forfeiture of all fees associated with the examination.

(c) An examinee who has had three (3) remote-proctored exams invalidated due to violation of examination rules and procedures will not be permitted to utilize the remote testing platform and must test in-person.

(9) Cheating. Cheating on an examination includes using any method intended to defeat the purpose of testing the personal knowledge and competence of the applicant to apply pesticides but is not limited to using electronic devices to communicate with other individuals or devices, using study materials or other unapproved resources during the examination including accessing websites not approved for use during the examination, communicating with other testers in the test session by any means, using copied or stolen examination questions before or during the examination, photocopying, photographing, or otherwise duplicating the test questions in whole or in part, and the use of an electronic device to search for answers to exam questions. If the Department determines that an examinee has cheated, the following shall occur:

(a) The exam results will be invalidated.

(b) Forfeiture of all fees associated with the examination.

(c) Upon the first instance, the examinee will not be permitted to take any pesticide examination offered by the Department for one (1) year from the date of said occurrence. Any subsequent determination that an examinee has cheated shall result in the imposition of a three (3) year ban from taking any pesticide examination offered by the Department.

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.141(2), 482.151(4) FS. History–New 1-1-77, Formerly 10D-55.123, Amended 8-11-93, 7-5-95, 5-28-98, 4-29-02, 4-17-03, 8-4-08, 4-29-25.

Fla. Admin. Code R. 5E-14.124 Time for Filing Application for Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.141(2), (5) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, Formerly 10D-55.124, Amended 8-11-93, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.125 Examination Fees

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.141(2), 482.151(4) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.125, Amended 8-11-93, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.126 Time Allotted for Completing Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051, 482.141(2), (3), 482.151(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.126, Amended 8-11-93, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.127 Scope of Examination

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.133(2), 482.141(1), (3), 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.127, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.128 Submission of Specimens

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.133(2), 482.141(1), (3), 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.128, Repealed 8-11-93.

Fla. Admin. Code R. 5E-14.129 Grading Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.041(1), 482.151(1) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.129, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.130 Review of Examinations

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.141, 482.151 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, Formerly 10D-55.130, Amended 8-11-93, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.131 Categories

PART IV CERTIFIED OPERATOR

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.021(4), (6), (8), (11), (18), (22), 482.141(4) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.131, Repealed 6-27-79.

Fla. Admin. Code R. 5E-14.132 Certificate Issuance and Renewal Fees

(1) The fee for issuance of each original certificate, and the fee for renewal thereof, shall be $150. All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650.

(2) Each certified pest control operator shall be certified as provided by this rule.

(3) A certificate expires 1 year after the date of issuance. The Department will notify the certified pest control operator not less than 60 days prior to the expiration of a certificate.

(a) A certified pest control operator may renew their certificate annually by completing the renewal application process online at: https://www.aeslicensing.fdacs.gov or submitting the renewal fee as referenced above in subsection (1), with the Renewal Notice, FDACS-13638, Rev. 03/25, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17962, to the address as instructed on the form.

(b) After a grace period of 30 calendar days following the anniversary date of each year, there shall be a late renewal charge of $50, which shall be assessed and paid in addition to the renewal fee. If a certificate holder fails to renew their certificate and provide proof of completion of the required continuing education units within 60 days after the certificate’s expiration date, the certificateholder may be recertified only after reexamination.

(4) Standards for approval of continuing education providers:

(a) Providers seeking approval shall apply to the department online at https://www.aeslicensing.fdacs.gov or submit the Request For Granting Continuing Education Units, FDACS-13326, Rev. 05/04, as adopted in Rule 5E-9.029, F.A.C., as instructed on the form.

(b) All education offerings conducted by the provider shall contain one or more of the topics set forth in Section 482.111(10), F.S.

(c) All offerings shall be at least 50 minutes in length or one contact hour. Partial contact hours will not be accepted.

(d) Providers shall adhere to the Terms for Approval established by the department in Request For Granting Continuing Education Units, FDACS-13326, Rev. 05/04, as adopted in Rule 5E-9.029, F.A.C.

(e) Providers must have a method to verify attendance of participants.

(f) Records of individual offerings shall be maintained by the department for one year after the next certificate renewal date.

(g) Upon successful completion of each course, the provider shall furnish each participant with the Record of Attendance for Continuing Education Units (CEUs), FDACS-13325, Rev. 05/04, as adopted in Rule 5E-9.029, F.A.C., or the provider will upload the earned training record to the attendee’s licensing portal via https://www.aeslicensing.fdacs.gov. The Department will accept either of the following as a verifiable training record as part of a renewal application:

1. Record of Attendance for Continuing Education Units (CEUs), FDACS-13325, Rev. 05/04, as adopted in Rule 5E-9.029, F.A.C., or

2. Electronic training verification of CEUs available on the Department’s licensing portal located at https://www.aeslicensing.fdacs.gov. Attendees can view earned training verification records via their licensing portal https://www.aeslicensing.fdacs.gov.

(h) Providers shall designate a person to be responsible for the continuing education program.

(i) Provider approval shall be subject to periodic review and shall be withdrawn if adherence to standards and guidelines is not maintained or if information submitted by the provider is found to be a material misrepresentation of fact.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011(1), 482.111, 482.132(1) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, Formerly 10D-55.132, Amended 8-11-93, 7-5-95, 5-28-98, 4-29-02, 1-9-17, 8-8-21, 10-24-23, 4-29-25.

Fla. Admin. Code R. 5E-14.133 Renewal Forms

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.111(2) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-22-83, 1-20-87, Formerly 10D-55.133, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.134 Certified Operator in Charge of Pest Control Activities of a Licensee; Proof of Control, Direction and Supervision

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.071(1), 482.111(2), (3), 482.141(4), 482.152 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.134, Repealed 6-27-79.

Fla. Admin. Code R. 5E-14.135 Responsibilities, Duties of Certified Operators

PART V SPECIAL IDENTIFICATION CARD

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.151(1) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, Formerly 10D-55.135, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.136 Fumigation Special Identification Card Examination, Renewal Fees, Forms, and Duties

(1) The examination fee for each fumigation special identification card and for each renewal there of shall be $100. All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650.

(2) An applicant shall apply for examination by completing the application process online at https://www.aeslicensing.fdacs.gov or submit the examination fee with the Pest Control Examination Application FDACS-13607, Rev. 03/25, as referenced in paragraph 5E-14.117(1)(a), F.A.C., as instructed on the form.

(3) A special identification card expires 1 year after the date of issuance. The Department will notify the cardholder not less than 60 days prior to the expiration the special identification card.

(a) A cardholder may renew their certificate annually by completing the renewal application process online at: https://www.aeslicensing.fdacs.gov or submitting the renewal fee as referenced above in subsection (1), with the Renewal Notice, FDACS-13638, Rev. 03/25, which is incorporated by reference in subsection 5E-14.132(3), F.A.C., to address as instructed on the form.

(b) After a grace period of 30 calendar days following the anniversary date of each year, there shall be a late renewal charge of $25, which shall be assessed and paid in addition to the renewal fee.

(c) If a cardholder fails to renew their card and provide proof of completion of the continuing education units within 60 days after the expiration date, the cardholder may be reissued a special identification card only after examination.

(4) Each special identification cardholder shall notify the department in writing within ten (10) days of any change of his employment status or mailing address.

(5) No person shall use a special identification card in any category for which the certified operator in the charge of the pest control activities of the licensee is not properly certified.

(6) While performing pest control duties a special identification cardholder shall carry on his person a special identification card issued by the department.

(7) A special identification cardholder shall always perform his functions under the direction and supervision of his certified operator. No special identification cardholder shall perform any pest control work independently of or without the knowledge and direction of his certified operator.

History

• Rulemaking Authority 482.051, 482.151, 570.07(23) FS. Law Implemented 112.011(1), 482.151 FS. History–New 1-1-77, Formerly 10D-55.136, Amended 7-5-95, 5-28-98, 4-29-02, 1-9-17, 8-8-21, 10-24-23, 4-29-25.

Fla. Admin. Code R. 5E-14.137 Special Identification Card Issuance and Renewal Fees

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.151(2), (3), (4), (5), (6) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, Formerly 10D-55.137, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.138 Renewal Forms

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.051(1), 482.151(6) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-22-83, 1-20-87, Formerly 10D-55.138, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.139 Duties, Functions and Privileges

PART VI LICENSEES

History

• Rulemaking Authority 482.051(1) FS. Law Implemented 482.021(20), 482.051(1), 482.151(2) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, Formerly 10D-55.139, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.140 Emergency Pest Control Certificate – Qualifications, Applications, Restrictions

(1) An emergency pest control certificate, if issued, shall take effect on the exact date the loss or other emergency occurred.

(2) An initial 30 day emergency certificate shall be issued by the department upon verbal or written request of a licensee or his duly authorized agent. Requests for issuance of additional emergency certificates for periods not to exceed 30 days must be made in writing.

(3) For the purpose of this chapter “loss of a certified operator in charge or other emergency” means the unforeseen and unplanned parting or separation of his services from the licensee. The intentional or forced transfer or shifting of a certified operator in charge from one licensed business location to another owned by the same licensee shall not constitute a “loss of a certified operator in charge or other emergency.”

(4) No emergency certification referred to in this chapter shall carry with it authorization for use of restricted-use pesticides. Restricted-use pesticides may only be used under emergency certification where one or more individuals have taken and passed the examination for certification of applicators to apply restricted-use pesticides, as may be given by the Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, or an equivalent examination given by the Department.

(5) An emergency certificate shall not be issued in the category of fumigation.

(6) In issuing an emergency certificate or renewal thereof, the Department may require interim reports from the licensee at reasonable intervals and also including but not limited to what specific action is being taken to fill the vacancy.

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.111(9) FS., Section 1, Chapter 92-203, Laws of Florida. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.140.

Fla. Admin. Code R. 5E-14.141 Duration of Emergency Certificate

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.111(10) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, Formerly 10D-55.141, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.142 Responsibilities and Duties – Records, Reports, Advertising, Applications

(1) Records: Pest control records of the licensee pertaining to pest control activities and including contracts shall be kept at the licensed business location or at the exact Florida address specified in the application for business license for inspection by department inspectors for a minimum of two years. Additionally, routine operational records containing information on product brands (names), amounts, uses, dates, and places of application of restricted-use pesticides shall be kept at the licensed business location for a minimum of two years. Records kept electronically must be provided to the department upon request. Licensees operating in the category of fumigation shall record this information along with the individual fumigant cylinder identification number utilized to fumigate a structure. Records for preventive treatment of subterranean termites in new construction shall be maintained for a minimum of three years pursuant to Section 482.051(5), F.S.

(2) Pest control business licensees, certified operators, or employees of the licensee must supply any information that supports application(s) or form(s) filed with the department and shall permit authorized department representatives to view any such records upon written request.

(3) Licensees performing fumigation with a residential fumigant, their employees, certified operators, and special identification cardholders shall comply with the label requirements and Stewardship Policy requirements of the residential fumigant being used.

(a) In addition, the following safety procedures shall be followed to enhance safety in the clearance of structures fumigated with a residential fumigant. The certified operator in fumigation or the special fumigation identification card holder conducting a structural fumigation shall record on the Fumigation Log, FDACS-13000, Rev. 03/26, which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-19186, the included elements for each fumigation. The certified operator in fumigation or the special fumigation identification card holder conducting a structural fumigation may use an alternative fumigation log form only if it incorporates all information required to be recorded in the current Fumigation Log, FDACS-13000, Rev. 03/26. All information recorded on the Fumigation Log shall be legible and accurate.

(b) All licensees performing fumigation shall retain any records relating to the fumigation required by this rule for a period of two (2) years from the date of the fumigation. Upon request by the department, the licensee or certified operator in charge shall provide the records required to be maintained under this rule within 3 business days of the request. The original records shall be maintained by the licensee.

(4) The sections of the Fumigation Log, FDACS-13000, Rev. 03/26, designated by a (B) must be documented before the initiation of the fumigation; information designated by a (*) shall be completed on site during the fumigation process, if not before. The required information shall be recorded no later than one (1) working day after the date of application.

(5) Reports:

(a) Each licensee shall immediately notify the department in writing of any loss or change of certified operator in charge of pest control activities, giving effective date. This shall also include notification of change while operating under an emergency certificate.

(b) Each licensee shall notify the department in writing within ten (10) working days of any change in firm name, business address, mailing address, telephone number, ownership status, termination or suspension or resumption of business activities, sale or transfer of any valid pest control contract(s) and change of certified operator’s home address or telephone number.

(c) Termite or other wood-destroying organism inspection report:

Pursuant to Sections 482.226(1), (2), (4) and (5), F.S., each licensee having a certified operator certified in the category of termite or other wood-destroying organism control and who makes and reports the findings of a wood-destroying organism inspection in writing shall provide the party requesting the inspection with the inspection findings on the Wood-Destroying Organisms Inspection Report, FDACS-13645, Rev. 05/21, which is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13518, or the department’s website under the header “Forms” at http://www.FDACS.gov. The licensee shall not place any disclaimers or additional language on the Wood-Destroying Organisms Inspection Report as incorporated by reference and adopted above. The licensee shall inspect for all wood-destroying organisms as defined in Section 482.021(28), F.S., in accordance with the following inspection standards:

1. The inspection will include all areas accessible by normal means but does not cover those areas that are enclosed or inaccessible, areas concealed by wall coverings, floor coverings, furniture, equipment, stored articles, insulation, or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure.

2. The inspection will be visual but may include probing and sounding of structural members as deemed necessary by the inspector, based upon a preliminary finding of visual evidence of infestation or damage.

3. The inspection shall include an examination for visual evidence of wood-decaying fungi and damage caused by wood-decaying fungi. Wood-decaying fungi are fungi that can cause damage to wood, such as those that produce white rot, brown rot, poria, and cubical rot, but not surface molds that do not cause damage to sound wood.

(6) Advertising:

(a) Pest control advertising on service vehicles, in telephone directories or other advertising media shall in all cases be factual and shall be set forth only under the licensee’s name or trade name registered with the Department. Unregistered fictitious names are prohibited.

(b) All pest control telephone directory advertising, including long distance lines shall in all cases show the licensee’s name or trade name registered with the Department, complete licensed business location address from where services will be performed and telephone numbers.

(c) Solicitation and acceptance of pest control must be performed by an identification card holder whether performed in person or by telephone.

(7) A licensee shall notify its contract holders of any change in business location within thirty (30) days after the change and a sample copy of such notice shall be furnished to the Department.

(8) When a licensee acquires and becomes responsible for the pest control contracts of another licensee or former licensee he shall give written notice to all such contract holders within thirty (30) days, and shall furnish the Department with a list of the individual contracts acquired, or if applicable, a statement that all contracts of the other licensee or former licensee have been acquired.

(9) Business license application: In accordance with Section 482.071(1), F.S., the following shall be submitted online at http://www.FDACS.gov or via the Pest Control Business License Application, FDACS-13605, Rev. 02/26, which is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-19192.

(a) A statement signed by the certified operator(s) in charge that all information given in Department business license application is true and correct and that he will promptly notify the Department in writing of any subsequent changes thereof, except change of home address and primary duty of identification card holders other than certified operators.

(b) The issuance fee for each original license shall be $300. An applicant may request his application to be immediately expedited and processed by paying a special handling fee in the amount of $50.

(c) The renewal fee for each original license shall be $300.

(d) Either the licensees or the licensee’s certified operator in charge must also submit an Application for Pest Control Employee-Identification Card, FDACS-13606, Rev. 03/26, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-19187, with each original or renewal business license application, or any business license change (Change of Address, Change of Name or Change of Owner), or within 30 days of employment of that employee in accordance with Section 482.091(1)(b), F.S.

(10) Any licensee who performs wood-destroying organism inspections in accordance with Sections 482.226(1) and (6), F.S. shall show proof of meeting minimum financial responsibility at the time of license application or renewal thereof. Documented proof shall be in the form of an insurance certificate showing coverage for professional liability (errors and omissions), specifically covering wood-destroying organism inspection reports, in an amount no less than $500,000 in the aggregate and $250,000 per occurrence or proof of bond on a form acceptable to the State of Florida issued by the insurer in an amount no less than $500,000 in the aggregate and $250,000 per occurrence or a certified public accountant’s notarized statement that a review or audit was performed on the licensee within one year of the license application and that the licensee’s net worth or equity on the date of the audit or review was no less than $500,000. No licensee shall perform wood-destroying organism inspections in accordance with Sections 482.226(1) and (6), F.S. without meeting the required financial responsibility.

(11) Personal protective measures: All licensees shall provide their employees with personal protective clothing and equipment as directed on the registered label, and shall instruct employees to use such clothing and equipment while engaged in the application of pesticides.

(12) During the temporary absence of the certified operator currently in charge, the licensee may designate another certified operator, certified in the same categories as the certified operator in charge, to perform the duties that require the physical presence of a certified operator for a period of time not to exceed thirty (30) days. For the purpose of this chapter, temporary absence shall mean any absence whereupon the certified operator in charge would reasonably be expected to return to his duties. The licensee shall notify the department in writing of any such temporary absence giving the name of the substituting temporary certified operator jointly responsible with the licensee, and the dates of the temporary absence.

(13) All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011(1), 482.021(21), 482.032, 482.051(1), (5), 482.061, 482.071, 482.091, 482.111(5), (9), 482.161(1)(g), (h), 482.163, 482.226(1), (6), 482.2265 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.142, Amended 8-11-93, 5-28-98, 4-29-02, 4-17-03, 6-2-04, 6-1-06, 7-23-08, 9-17-08, 1-4-09, 5-20-12, 1-9-17, 5-7-17, 2-27-19, 9-21-21, 10-24-23, 5-18-26.

Fla. Admin. Code R. 5E-14.1421 Identification Card – Training Verification

(1) The licensee shall maintain written training records for both the initial five (5) day (40 hour) training required in Section 482.091(3), F.S., and the continuing training required in Section 482.091(10), F.S., on all identification cardholders within their employ and make those records available during routine inspection or upon request of the department. Licensees must maintain the training record for at least a two year period. The training required for Section 482.091(3), F.S., must be conducted by a certified operator or a person under the supervision of the certified operator in charge who has been designated in writing as responsible for training. The 40 hour initial training shall be verified by:

(a) Completion of the Verification Record of Initial Employee Training, FDACS-13665, Rev. 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13521, or

(b) A written record of 40 hours of attendance in a training course with a written course syllabus and copies of all training materials used in the course available for department inspection.

(2) The department will accept either of the following as documentation of verifiable training as required under Section 482.091(10), F.S.:

(a) Written record of attendance on Identification Cardholder Training Verification, (FDACS-13662, Rev. 10/15), which is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07323; and provided by the licensee or trainer, with a complete copy of all training materials used during the training session that covers the training topics required by Section 482.091(10), F.S., or

(b) Written record of attendance at a department approved certified operator continuing education course on the Record of Attendance for Continuing Education Units (CEUs), (FDACS-13325, Rev. 05/04), as adopted in Rule 5E-9.029, F.A.C., and provided by the trainer, only if the course content covers the training topics as required by Section 482.091(10), F.S.

(3) Employees whose job duties include fumigation sales must have at least two of the 40 hours required by Section 482.091(3), F.S., cover the topics of contract regulations, fumigant fact sheet information, consumer preparation requirements, fumigant and warning agent properties including health risks, use of secondary locks, signage, re-entry notices, key/access provisions, subcontracting procedures, safety precautions, measuring the structure, and proper clearance testing.

(4) For the purposes of complying with Section 482.091(10), F.S., each classroom training session shall be at least 50 minutes in length or one contact hour. Partial contact hours will not be accepted. “Pesticide safety” deals with any aspect of pesticide formulation, handling and use. Example topics would include: pesticide types and formulations, human poisoning symptoms, routes of exposure and protective equipment, pesticide storage, transport and use, spray drift and groundwater runoff. “Integrated pest management” deals with any aspect of pest management. Example topics would include: inspection (locating and monitoring pests), establishing treatment thresholds, sanitation/habitat modification, trapping, biological and use of pesticides, and pesticide application equipment. “Applicable federal and state laws and rules” deal with any aspect of government regulation of the pest control industry. Example topics would include: reviewing federal FIFRA requirements, reviewing or discussing modifications to Chapter 482, F.S. and/or Chapter 5E-14, F.A.C., and reviewing other regulatory agencies or legislative bodies regulations dealing with pesticide use, hazardous waste storage/disposal and/or transportation.

(5) Licensees or certified operators applying for Wood-Destroying Organism Inspector Identification cards for employees in compliance with Section 482.091(9), F.S., may complete the application process online at http://www.FDACS.gov, or shall submit the Special Training to Perform Wood-Destroying Organisms Inspections and Control Training Verification Record, FDACS-13642, Rev. 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07324, to the address as instructed on the form.

(6) Trained fumigation employees that participate in fumigations using a residential fumigant must complete Initial and Annual Stewardship Training as required by the label and Stewardship Policy for the residential fumigant(s) used as defined in rule Chapter 5E-2, F.A.C. Information verifying Continuing Education Units for Stewardship Training (Initial or Annual) for all residential fumigant(s) used by the trained fumigation employee must be submitted to the department annually in accordance with paragraph 5E-14.132(4)(g), F.A.C.

(7) The licensee or certified operator in charge of fumigation must apply for an identification card that identifies that employee as having received the training specified in paragraph 5E-14.108(3)(b), F.A.C., to assist as the second trained person during the use of a residential fumigant as described in subsection 5E-14.108(2), F.A.C. The application for such identification card with a fumigation endorsement must be accompanied by an affidavit, signed by the prospective identification cardholder and by the licensee or certified operator in charge for fumigation, which states that the prospective identification cardholder has received the training required by paragraph 5E-14.108(3)(b), F.A.C. Application shall be made online at https://www.aeslicensing.fdacs.gov, or by submitting the Special Training to Perform Fumigation Affidavit FDACS-13002, Rev. 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13513, to the address as instructed on the form in order to receive a Fumigation Identification Card endorsement on the employee’s identification card as required by Section 482.091, F.S. The identification cardholder must complete stewardship training as required by the label and Stewardship Policy for the residential fumigant(s) used within 60 days of receiving an identification card with a fumigation endorsement.

History

• Rulemaking Authority 482.051, 482.091, 570.07(23) FS. Law Implemented 482.051, 482.091, 482.151, 570.07(22) FS. History–New 6-12-02, Amended 2-24-09, 1-9-17, 5-7-17, 9-21-21, 4-29-25, 5-18-26.

Fla. Admin. Code R. 5E-14.143 Identification Cards – Application, Issuance, Renewal

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.021(9), 482.051(1), 482.091(1), (2), (3), (4) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Amended 6-27-79, 6-22-83, Formerly 10D-55.143, Amended 8-11-93, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.144 Identification Card Holders – Responsibilities, Duties

History

• Rulemaking Authority 482.051 FS. Law Implemented 482.051(1), 482.091(1), (2), (3), (4) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 1-1-77, Formerly 10D-55.144, Repealed 6-27-79.

Fla. Admin. Code R. 5E-14.145 Exemptions

History

• Rulemaking Authority 482.051, 482.211 FS. Law Implemented 482.211 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 10-25-90, Formerly 10D-55.145, Repealed 8-11-93.

Fla. Admin. Code R. 5E-14.146 Inspectors

History

• Rulemaking Authority 482.051, 482.2265(3) FS. Law Implemented 482.2265(3) FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 10-25-90, Formerly 10D-55.146, Amended 8-11-93, Repealed 5-28-98.

Fla. Admin. Code R. 5E-14.147 Notice of Pesticide Application

(1) In accordance with Section 482.2265(2), F.S., a notice shall be posted in a conspicuous location at the time of application of a pesticide to a lawn or to exterior foliage. The following example represents the required physical makeup of the notice.

(2) In addition to the example of notice the following requirements shall apply:

(a) Minimum size 4''  5''.

(b) Constructed of rigid durable weatherproof material.

(c) Background and lettering shall be of contrasting color.

(d) The size of print and symbol shall be in conformity with the example.

(e) The business name of the licensee making the pesticide application shall be clearly set forth on the notice.

(f) The notice may be made part of a larger sign containing additional information.

History

• Rulemaking Authority 482.051, 482.2265(2) FS. Law Implemented 482.2265(2) FS., Section 1, Chapter 92-203, Laws of Florida. History–New 10-25-90, Formerly 10D-55.147, Amended 8-11-93.

Fla. Admin. Code R. 5E-14.1471 Registry of Persons Requiring Prior Notification of the Application of Pesticides

(1) In accordance with Section 482.2267, F.S., the department shall maintain a current registry of persons requiring prior notification of the application of pesticides.

(2) The Application for Prior Notification of Pesticide Applications, FDACS-13609, Rev. 03/25, is hereby adopted and incorporated by reference and available online at https://flrules.org/Gateway/reference.asp?No=Ref-17963.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.051, 482.151, 482.2267 FS. History–New 4-29-25.

Fla. Admin. Code R. 5E-14.148 Inspectors

History

• Rulemaking Authority 482.051, 482.061 FS. Law Implemented 482.061 FS. Section 1, Chapter 92-203, Laws of Florida. History‒New 8-11-93, Repealed 7-5-95.

Fla. Admin. Code R. 5E-14.149 Enforcement and Penalties

(1) List of Penalties. The Department will apply one or more of the following penalties for violation of Chapter 482, F.S., or Chapter 5E-14, F.A.C., or as provided in Section 482.161, F.S.

(a) Denial of an application for licensure or license renewal and/or permits or refusal of a pest control registration, license, and/ or permit.

(b) Revocation or Suspension of any license including permits.

(c) Warning Letter.

(d) Probation for a specified period of time not to exceed two years subject to conditions.

(e) Administrative fine not to exceed $5,000 for each violation.

(f) Criminal prosecution by referral to the State Attorney under Sections 775.082 and 775.083, F.S.

(g) Injunctive relief.

(h) Issuance of a Cease and Desist Order, Immediate Stop Use or Stop Work Orders.

(i) Institution of an action under Chapter 501, Part II, Sections 501.204, .207, .2075, .2077, .209, .211, .2105, .212, and .213, F.S., for violations involving deceptive and unfair trade practices where the legal remedies provided under Chapter 501, Part II, F.S., are needed to further protect consumers or recover damages associated with identified violations.

(2) Violation and Repeat Violation. Each and every breach of Chapter 482, F.S., and related rules, or part thereof, is a violation. A repeat violation is a violation for which the person has been previously disciplined within the last three (3) years.

(3) Stop Use or Stop Work Orders.

(a) Use of Stop Use, Stop Work Orders shall be issued in accordance with subsection 5E-14.108(4), F.A.C., for:

Fumigation activities performed in violation of fumigant label requirements or department rules, or in a manner that presents an immediate serious danger to the health, safety, or welfare of the public, including but not limited to, failure to use required personal protective equipment, failure to use required warning agent, failure to post required warning signs, failure to secure a structure’s usual entrances as required, or using a fumigant in a manner that will likely result in hazardous exposure to humans, animals, or the environment.

(b) The Department shall issue a release of a Stop Use or Stop Work Order when the deficiencies cited have been corrected and the violator is in compliance with the provisions of Chapter 482, F.S., and associated rules.

(4) Default. A violator’s failure to respond to an administrative complaint may result in a waiver of rights to a hearing and the Department may enter a Final Order imposing up to the maximum penalties as authorized by Florida law, including suspension of the violator’s license and/or permit.

(5) Denial. The Department will deny application for licensure if:

(a) A person fails to comply with the licensing and/or permit requirements of Chapter 482, F.S., or Chapter 5E-14, F.A.C., or

(b) All outstanding fines owed to the Department are not paid in full unless the person seeking licensure has entered into a written settlement agreement with the Department to pay the fine, which has been filed with the agency clerk, and the person has made the payments timely as provided in the settlement agreement, or

(c) A person has been convicted of a crime under state or federal law that is directly related to standards determined by the Department, for which denial of licensure is necessary and reasonably related to the protection of the public health, safety, and welfare, including the following:

1. A felony or first degree misdemeanor conviction under any state or federal law involving dishonesty, violence, destruction of property, sexual misconduct or which directly relates to the practice of pest control within the past three years.

2. A felony or first degree misdemeanor conviction under any state or federal law, which is more than three (3) years old, involving dishonesty, violence, destruction of property, sexual misconduct, or which directly relates to the practice of pest control, where the applicant has not completed any term of probation or parole and the conditions thereof.

3. A felony or first-degree misdemeanor conviction of any offense that serves as a predicate to registration as a sexual offender in accordance with Section 943.0435 or 491.0112, 784.049(3)(b), 794.08, 796.08, 800.101, 826.04, 847.012, 872.06(2), 944.35(3)(b)2., 951.221(1), F.S. or similar laws of any other state.

4. A felony or first-degree misdemeanor conviction under Section 775.33(4), 782.04(1), (2), (3), or 782.09, F.S., which resulted in the actual killing of a human being, or similar laws of any other state.

5. A felony or first degree misdemeanor conviction at any time under any state or federal law and the person has been classified as a sexual predator pursuant to Section 775.21, F.S. or similar laws of any other state

(d) A person has cheated on an exam pursuant to subsection 5E-14.123(9), F.A.C.

(6) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a notice of noncompliance as the department’s first response to the minor violation. The following violations shall result in the issuance of a notice of noncompliance:

(a) Failure to comply with Rule 5E-14.103, F.A.C.

(b) Failure to comply with Rule 5E-14.105, F.A.C.

(c) Failure to comply with 5E-14.110(1)(a)-(i), (2), (3), F.A.C.

(d) Failure to comply with Rule 5E-14.142, F.A.C.

(e) Failure to comply with Rule 5E-14.1421, F.A.C., as it relates to the requirement that the licensee maintain written verification of all ID cardholder’s initial and annual training.

(f) Failure to comply with Rule 5E-14.147, F.A.C.

(g) Failure to comply with Section 482.091(2)(c), F.S.

(h) Failure to comply with Section 482.226(5), F.S.

(i) Failure to comply with Section 482.227, F.S.

(7) Warning Letters. After failure to comply with a notice of noncompliance, a warning letter shall be issued for any violations classified in this rule as minor violations. A warning letter shall be issued for any first-time intermediate violation.

(8) Intermediate violations are all violations other than those classified as minor or major violations. Major violations are violations where:

(a) Death or serious bodily harm requiring medical attention to humans or veterinary attention to animals occurs as a result of misuse of a pesticide or mismanagement of another pest control method, and the injury or death is attributable to the misuse or mismanagement.

(b) Misuse of a highly toxic pesticide (Category I, Danger signal word) as established in 40 CFR 156.64(a), is documented and such a misuse could result in death or serious bodily harm to humans or animals, but where the death or injury did not occur.

(c) The licensee, certificate holder, permit holder or applicator causes serious harm to an ecological system, or contamination of water or soil requiring corrective action or monitoring to protect human or animal health or the environment as a result of misuse of a pesticide or mismanagement of another pest control method.

(d) The licensee, certificate holder, permit holder or applicator deliberately makes false or fraudulent claims with respect to pest control, deliberately misrepresents the effects of materials or methods used in pest control, or deliberately fails to use materials or methods suitable for the pest control undertaken.

(e) The licensee, certificate holder, permit holder or applicator performs pest control in a manner that causes harm due to carelessness or failure to exercise proper care in the use of a pesticide or other pest control technique; fails to comply with subsection 5E-14.106(6), (7), or (8), F.A.C.; or uses a fumigant in a manner that is inconsistent with its label directions or the requirements of Rule 5E-14.108, 5E-14.110, 5E-14.111, 5E-14.112, or 5E-14.113, F.A.C.

(f) The licensee, certificate holder, permit holder or applicator fails to give the Department or department representative true information in response to a written request within 14 business days regarding methods and materials used, work performed, or other information essential to the administration of Chapter 482, F.S.

(g) The licensee, certificate holder, permit holder or applicator performs or causes fraudulent or misleading advertising relative to pest control or advertises in an unauthorized category of pest control.

(h) The licensee, certificate holder, permit holder or applicator misuses a pesticide, performs a faulty inspection for wood destroying organisms, or fails to comply with the terms of a wood destroying organism protection contract, and such action results in property damage exceeding $2,500.

(i) The licensee, certificate holder, permit holder or applicator violates any Immediate Final Order, Emergency Suspension Order, Stop Use, Stop Work, Settlement Agreement, Consent Order, Final Order, or any other order of the Department, issued under the authority of Chapter 120 or 482, F.S., or Chapter 5E-14, F.A.C.

(j) The licensee, certificate holder, permit holder or applicator commits fraud or deceptive trade practices.

(k) An individual or business performs pest control without holding a valid license from the Department.

(l) A licensee or certified operator fails to submit a notice required by Subsection 482.051(4), F.S.

(m) A licensee or certified operator fails to comply with Section 482.091(1) or (2)(a), (d), and (e), F.S.

(n) A licensee or certified operator fails to comply with Section 482.121, F.S.

(9) Fines. For repeat minor or intermediate violations, multiple violations including at least one major violation, and all major violations, including those violators who do not respond to an administrative complaint, the Department will impose an administrative fine not to exceed $5,000 per violation plus any other penalty allowed by law including suspension or revocation. When imposing a fine, the Department will consider the degree and extent of harm, or potential harm, that was or could have been caused by the violation, the cost of rectifying the damage minus the actions taken by the licensee or certified operator or applicator to correct the violation or remedy complaints, whether the violation was committed willfully, the compliance record of the violator, and the costs to the Department of investigating the violation. The Department will use the Fine Guide as set out in subsection (15) to assist in determining the appropriate amount of the fine.

(10) Suspension and Revocation.

(a) Suspension will be imposed when:

1. The violation results in death of humans or domestic animals or pets, or injury requiring hospitalization to humans.

2. The violation results in serious harm to an ecological system, or contamination of water or soil requiring corrective action or monitoring to protect human health or the environment.

3. The compliance record of the violator shows two or more prior violations for similar major violations within the last three (3) years.

4. The licensee, certificate holder, permit holder or applicator has habitual intemperance or addiction to narcotics to the extent that it contributes substantially to the occurrence of violations of Chapter 482, F.S.

5. A licensee or certificate holder has been found by the Department to be in violation of Section 482.121, F.S.

6. When a permit holder pursuant to Section 482.0815(4) or (6), F.S., meets the conditions therein.

(b) Revocation will be imposed when:

1. A violator does not comply with a suspension order, or if a licensee or certificate holder has been suspended twice in three years.

2. A person has obtained licensure of any kind under Chapter 482, F.S., and the Department subsequently determines that the person that is the holder of the licensure falls into any of the categories set forth in subsection (5), above, that would be grounds for denying licensure under Chapter 482, F.S.

(11) Quarterly List. All disciplinary actions taken by the Department pursuant to Chapter 482, F.S., or the rules adopted pursuant to it, shall be published in the next available quarterly list published as required in Section 482.161(9), F.S., and on the Department’s website and shall include the identity of each individual or entity against which disciplinary action was taken, and a brief description of the offense and the disciplinary action, whether it was a warning letter, fine, probation, suspension or revocation. If the violator operated an unlicensed pest control business the name of the unlicensed business will also be listed.

(12) Resolution of Violations, Settlement, and Additional Enforcement Remedies. The Department and the violator may agree to resolve violations prior to administrative action, or to enter into settlement pursuant to Section 120.57(4), F.S. The willingness of a violator to resolve violations prior to initiation of administrative action, or to settle will be considered in determining the appropriate penalty because early resolution of violations furthers compliance and results in savings of time, costs, and expenses for the Department. The Department will enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement as authorized by law. These enforcement guidelines shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department may utilize all available remedies to ensure voluntary compliance including administrative action, civil actions, referrals for criminal prosecution, and deceptive and unfair trade practices actions pursuant to Chapter 501, F.S.

(13) Follow-Up Compliance Inspections. If the violator agrees to corrective actions and subsequent inspection reveals that corrective actions have not been taken or that good faith efforts to undertake these corrective actions have not been made, then the Department will enforce the penalties and remedies provided in the agreement and as authorized by law.

(14) Notification of Licensees, Certificate Holders, and Identification Card Holders of Complaint. When the Department receives a written complaint from a consumer regarding a licensee, certificate holder, permit holder or applicator, the Department will send a notice to the responsible person and to the licensee, stating the complaint, identifying the complainant and requesting a written response within 10 working days.

(15) Fine Guide. FINE GUIDE = A(B+C+D+E+F)G. This guide shall apply for each violation for which a fine is imposed. The maximum fine is $5,000 per violation. The terms and values used in the fine guide calculation shall be:

A

=

Degree & Extent of Harm – Human, animal and environmental hazards occur as a result of pesticide misuse or mismanagement of another pest control method:

1

Human, animal or environmental harm not identified

5

Death of animals or injury to humans or animals requiring hospitalization, or serious harm to an ecological system, or contamination of water or soil requiring corrective action or monitoring to protect human health or the environment

7

Human death

B

=

Toxicity of the pesticide for which a pesticide misuse or violation, of label directions which could result in human or animal hazards:

0

No pesticide involved in complaint

1

Category III or IV – Signal Word “Caution”

2

Category II – Signal Word “Warning”

3

Category I – Signal Word “Danger”

C

=

Estimated cost of rectifying the damage to consumer minus any mitigation provided by the violator

1

Unknown or under $1,000

2

Over $1,000 and under $5,000

3

Over $5,000 and under $10,000

4

Over $10,000

D

=

Whether the violation was committed deliberately

1

No evidence violation was committed deliberately

5

Evidence violation was committed deliberately

E

=

Compliance record of the violator

0

No prior violations

1

One prior violation for a dissimilar violation

2

Two or more prior violations dissimilar to current violation

3

One prior violation for a similar violation

4

Two or more prior violations for similar violations

F

=

Investigative Costs

0

Routine investigation or Payment of all investigative costs

2

Violation documented as a result of more than one inspection or requiring investigation by multiple inspectors, or by department personnel outside of the division of Agricultural Environmental Services

G

=

Entity Category

500

Business licensee responsible for violation, or person operating a pest control business without a valid business license

250

Certified Operator or Special Identification Cardholder responsible for violation

100

All others

Compliance record. The compliance record is established by prior disciplined violations, within the three (3) years preceding the date of the current violation, of Chapter 482, F.S., or of Chapter 5E-14, F.A.C., or of federal or other Florida law addressing pest control or pesticide use or disposal. Violations will be considered final on acceptance of the applicable penalty, or the date of final agency action or the conclusion of any appeals thereof.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011, 120.695, 482.121, 482.161, 482.163 FS. History–New 7-13-06, Amended 7-11-07, 8-4-08, 5-20-12, 2-27-19, 12-26-22, 4-29-25.

Fla. Admin. Code R. 5E-14.150 Customer Contact Centers

(1) Customer Contact Center business license application: In accordance with Section 482.072(2)(a), F.S., an applicant for a customer contact center business license shall submit a completed Pest Control Customer Contact Center License Application form, FDACS-13686 Rev 03/12, and application fee of $600 in the form of a check or money order payable to the Florida Department of Agriculture and Consumer Services (FDACS) to the address indicated on the form. Form FDACS-13686 Rev 03/12, is hereby adopted and incorporated by reference and may be obtained by visiting http://www.flrules.org/Gateway/reference.asp?No=Ref-01051.

(2) In accordance with Section 482.072(3)(a), F.S., the following requirements and procedures for recordkeeping and monitoring of customer contact center operations are established.

(a) Each licensed customer contact center shall maintain a digital audio, compact disk, or tape recording of inbound and outbound telephone calls between the customer contact center and consumers located in Florida. These records must be retained for a minimum period of 6 months and are subject to inspection by Department representatives upon request.

(b) A licensed customer contact center premises shall be made available to Department representatives upon request for inspection purposes during normal business hours and to monitor live calls from consumers located in Florida.

(c) A licensed customer contact center shall have a procedure in place to identify a specific telephone call by consumer name, date of call, or customer address and identify which customer contact center employee handled a telephone call with a specific consumer identified by a Department representative.

(d) A licensed customer contact center shall have a procedure in place to provide records relating to customer contacts and the required procedures set forth in paragraphs (a), (b), and (c), above, to Department representatives upon request and provide an accounting of inbound and outbound calls with Florida consumers and identify the number of outbound center initiated calls.

(e) Each licensed customer contact center shall designate a “Primary Contact Person” at the licensed location for purposes of communication with the Department. The name, email address (if any), and telephone number of the primary contact person shall be provided to the Department as part of the license application adopted by subsection (1). If the Primary Contact person changes prior to license renewal, the new contact information shall be submitted to the Department by calling (850)617-7997.

(3) A Customer Contact Center License Renewal date shall be two years from the date of the original license issuance or renewal thereof. The renewal fee for each original license shall be $600.

(4) After a grace period of 30 days following the renewal date, a late fee of $150 shall be assessed in addition to the renewal fee.

History

• Rulemaking Authority 482.051, 482.072 FS. Law Implemented 482.072 FS. History–New 5-20-12.

Fla. Admin. Code R. 5E-14.151 Removal and Relocation of Bees from Structures, Lawns or Ornamentals

(1) Bees fall within the definition of “pest” in Section 482.021(21), F.S., and also the definition of “agriculture” in Section 570.02(1), F.S. The removal and relocation of bees by a beekeeper registered pursuant to Section 586.045, F.S., from a structure, lawn, or ornamental for the production of honey and related products or the pollination of plants or crops shall not be considered pest control.

(2) The use of foam or soapy water, pheromone lures, attractants, repellants, and glue boards to control bees by a registered beekeeper when he or she is removing and relocating bees from a structure, lawn, or ornamental for the production of honey and related products or the pollination of crops shall not be considered pest control.

(3) It shall be considered pest control if bees are removed from a structure, lawn, or ornamental for the purpose of eliminating bees as a pest or if the removal is conducted by a person not a beekeeper registered pursuant to Section 586.045, F.S.

(4) The use of any “pesticide or economic poison” as defined in Section 482.021(23), F.S., other than those described above in subsection (2), to control or eliminate bees in, on or under a structure, lawn, or ornamental shall be considered pest control.

History

• Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 570.02(1), 482.021(21), (22), 586.045 FS. History–New 7-2-13.

Division 5M Division of Agricultural Water Policy

Chapter 5M-1 Office of Agricultural Water Policy

Fla. Admin. Code R. 5M-1.001 Definitions

(1) “Applicable Best Management Practices” or “Applicable BMPs” means best management practices (BMPs) that have been adopted by Department rule in a BMP checklist and identified by the Enrollee and the Department for implementation on an Enrolled parcel.

(2) “Basin Management Action Plan” or “BMAP” means a plan adopted by the Florida Department of Environmental Protection pursuant to Section 403.067(7), F.S.

(3) “DEP” means the Florida Department of Environmental Protection.

(4) “Department” means the Florida Department of Agriculture and Consumer Services (FDACS).

(5) “Enrolled” means the status of a Producer or Landowner who has an active Notice of Intent for implementation of the Applicable BMPs identified during a site visit with Department representatives or pursuant to an Equivalent Program set forth in subsection 5M-1.001(7), F.A.C., or one whose operation qualifies and is classified as a Temporarily Inactive Operation in accordance with Rule 5M-1.010, F.A.C. If the Producer is not the Landowner, the Department will notify the Landowner of the date of enrollment and Applicable BMPs that are required to be properly implemented on the subject parcel(s).

(6) “Enrollee” means a Producer or Landowner who has Enrolled and has an active Notice of Intent.

(7) “Equivalent Program” means the following programs that provide water quality protection equal to or more stringent than the adopted and applicable Department BMPs:

(a) A permit or license issued by DEP under Chapter 62-670, F.A.C.;

(b) A permit or license issued by the South Florida Water Management District under Chapter 40E-63, F.A.C.;

(c) Conservation easements, leases, or other binding agreements with a state agency or water management district that require implementation of the Department’s BMPs and include an onsite verification performed at least every two years by the state agency or water management district issuing the easement, lease or other binding agreement; or

(d) A Conservation Plan developed in accordance with Chapter 5M-12, F.A.C.

(8) “Landowner” means the owner of real property of record in the county where a parcel of land is situated, whose property is used in agriculture as defined in Section 570.02(1), F.S. Landowners may also be Producers, as defined herein.

(9) “Notice of Intent” or “NOI” means a form provided by the Department to be submitted by an agricultural Producer or Landowner to indicate intent to enroll in and properly implement the Department’s program of best management practices in accordance with the manual under which they enroll. A Notice of Intent to Implement Best Management Practices form (FDACS-04002, rev.06/24), hereby adopted and incorporated by reference, shall be submitted for all new enrollments to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399. The NOI may be obtained from FDACS or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17087. Except as provided in subsection 5M-1.004(3), F.A.C., submittal of an NOI shall not result in enrollment until such time as a site visit is completed by the Producer or Landowner and Department representatives to identify the Applicable BMPs to be implemented on the subject parcel. A Producer or Landowner that has submitted an NOI but has not undertaken the required site visit will not be reported as unenrolled to the Florida Department of Environmental Protection unless they fail to undertake the required site visit after notification by the Department of scheduling availability.

(10) “Producer” means any person or other legal entity engaged in agriculture as defined in Section 570.02(1), F.S.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c. FS. History‒New 11-1-17, Amended 9-12-21, 10-30-24.

Fla. Admin. Code R. 5M-1.004 Notice of Intent to Implement Best Management Practices

(1) Producers and Landowners in a BMAP area are required by Section 403.067, F.S., to either implement BMPs or other management strategies or to demonstrate their compliance with state water quality standards by conducting water quality monitoring prescribed by DEP or a water management district. The Department provides Producers and Landowners in a BMAP area the opportunity to enroll and implement BMPs and will notify DEP of any Producers and Landowners that do not enroll in accordance with Department rules. Producers and Landowners whose properties are outside a BMAP area may also enroll and avail themselves of the presumption of compliance found in Sections 403.067(7)(c), or 576.045(6), F.S., by enrolling and implementing BMPs pursuant to the requirements of this rule chapter.

(2) An Enrollee in the BMP programs as provided in any of the Chapters 5M-2 through 5M-14 or 5M-16 through 5M-19, F.A.C., must also comply with Chapter 5M-1, F.A.C.

(3) A Producer or Landowner that holds a permit or license issued for one of the programs listed in paragraphs 5M-1.001(7)(a) or (b), F.A.C., is required to complete the Notice of Intent to Implement Best Management Practices form (FDACS-04002, Rev. 06/24, incorporated in Rule 5M-1.001, F.A.C.) but is not required to complete a BMP manual checklist nor to conduct a site assessment visit for the enrolled lands subject to the permit or license. These NOIs shall remain in effect for the duration of the permit or license and any update or renewal thereof. A Producer or Landowner who has an active permit, license or other instrument for an Equivalent Program must submit a copy of the permit, license, or other instrument to the Department as part of their BMP enrollment. Any renewal or modification of the permit, license, or other instrument must be provided to the Department prior to or as part of the next implementation verification site visit.

(4) Any NOI for property being operated pursuant to a Conservation Plan developed in accordance with Chapter 5M-12, F.A.C., shall remain in effect so long as the Enrollee maintains the Conservation Plan.

(5) NOIs, excepting those enrolled pursuant to subsection (3) or (4) of this rule, remain in effect until:

(a) The manual under which the NOI is enrolled or the rule incorporating the manual is repealed through the rulemaking process;

(b) Production or operation on the site subject to the NOI changes such that the manual or checklist are no longer applicable, such as a change in the produced commodity type or agriculture on the site becomes temporarily inactive. These NOIs shall remain in effect until the conditions of subsection (8) of this rule are met so long as the agricultural activity on the site is eligible for enrollment in accordance with any of Chapters 5M-2 through 5M-14 or 5M-16 through 5M-19, F.A.C., or classified as a Temporarily Inactive Operation under Rule 5M-1.010, F.A.C.;

(c) There is a change in ownership of an enrolled parcel that terminates the Enrollee’s property control;

(d) Land use is no longer agricultural; or

(e) The Enrollee is conducting water quality monitoring prescribed by DEP or a water management district.

(6) If only a portion of the enrolled lands are affected by the conditions listed in subsection (5), the NOI shall remain in effect for the unaffected portion.

(7) When a manual or rule incorporating the manual is revised through the rulemaking process, existing NOIs enrolled in accordance with that manual will remain in effect under the manual and rule that were in effect prior to the effective date of the new manual or rule. Enrollees in the prior superseded manual or rule must update their enrollment to the most recent version, by submitting the updated BMP Checklist, at the time of the next BMP implementation verification site visit or the next time an Enrollee enters a cost share agreement with the Department for assistance with BMP implementation, whichever occurs first. Upon updating enrollment in the most recent version of the manual, the NOI remains in effect and retains the initial enrollment date. If the Enrollee does not update their enrollment as provided in this subsection, the NOI will be terminated. For those portions of an NOI enrolled as an Equivalent Program listed under subsection 5M-1.001(7), F.A.C., the NOI remains in effect as provided in subsection 5M-1.004(3), F.A.C.

(8) When an NOI is subject to conditions identified in paragraph (5)(b), the existing NOI will remain in effect until the Enrollee can meet with FDACS staff to update the status or enroll in the appropriate manual or rule.

(9) With the exception of updating an enrollment pursuant to subsections (7) or (8) of this rule, Enrollees are required to use the Request Change to Notice of Intent to Implement BMPs form (FDACS-01985, rev. 07/24), hereby adopted and incorporated by reference, to request a revision of their existing NOI. The Request Change to Notice of Intent to Implement BMPs form may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17089.

(10) An NOI on which the enrolled property does not include any portion that is located within a BMAP area can be terminated if:

(a) The Enrollee submits a request in writing to the Department and there are no:

1. Outstanding contractual obligations to the Department for cost share related to the NOI;

2. Unresolved enforcement actions related to the NOI; or

3. Conditions of a permit, license or other agreement issued by FDEP or a water management district that require enrollment in an FDACS BMP program.

(b) The Department is unable, after two separate contact attempts, to confirm whether the Enrollee is implementing Applicable BMPs. For purposes of this subsection, a contact attempt will provide notice using all methods by which the Enrollee has provided contact information in the NOI, including mail, telephone and email. The Enrollee will be given at least 30 days to respond following each contact attempt.

(11) A Producer or Landowner enrolling a parcel(s) of land under a manual for the first time or an Enrollee updating their enrollment to a revised rule or manual must implement any new BMP requirements within 18 months of enrollment or update.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 10-30-24.

Fla. Admin. Code R. 5M-1.008 Implementation Verification

(1) Agricultural Best Management Practices (BMPs) are individual practices or combinations of practices that, based on scientific research, field-testing, and expert review, have been identified as the most effective and practicable means for improving water quality and water conservation, which include nutrient management, irrigation management, and water resource management. The Department has adopted in this Rule Title BMP manuals for many of Florida’s agricultural commodities. At least every two years, the Department will perform an implementation verification site visit of each Enrollee to verify the proper implementation of all Applicable BMPs or, in the case of Equivalent Programs pursuant to subsection 5M-1.001(7), F.A.C., confirmation of the criteria in subsection (7) below. The Department will use the data from the site visit, supplemented as needed, by information from other sources including county property appraisers, DEP, and water management districts. The Department will provide the Enrollee any materials needed to complete the implementation verification site visit at least seven days prior to the date of the visit. The Department will notify DEP of any Enrollee that fails to cooperate with the Department to complete an implementation verification site visit.

(2) Upon completion of the implementation verification site visit, the Department will provide the Enrollee notice as to the requirement of any changes in Applicable BMPs to be implemented on the subject parcel(s) through issuance of an updated NOI. Other updates to the NOI, such as changes to contact information, the enrollment area, or parcel information must also be documented on the updated NOI form at the time of the implementation verification site visit. The Department will provide the Enrollee a separate, written notice of any necessary corrective or remedial measures pursuant to the requirements of Rule 5M-1.009, F.A.C.

(3) During the implementation verification site visit, the Department will collect and review any records required by this rule or the manual under which the parcel(s) is enrolled to verify the proper implementation of the Applicable BMPs. All required records, including nutrient source and application records, shall be maintained for a minimum of five years and must be presented to a Department representative upon request.

(4) The Department will collect and retain records regarding the application of nitrogen and phosphorus on the Enrolled parcel(s) as part of any implementation verification site visit conducted to confirm proper implementation of Applicable BMPs as described in subsection (3). Enrollees shall provide the required nutrient application records for the preceding two years to the Department by completing and submitting a Nutrient Application Record Form (FDACS-04005, rev. 06/24), adopted herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17088. Unless it is demonstrated that utilization of an electronic version is technically infeasible, Enrollees shall utilize and submit an electronic version of the form or a substantially similar form to Department representatives during the implementation verification site visit or within ten days after completion of the visit. Any substantially similar form must include the following information for the Enrolled parcel(s):

(a) Manual of Best Management Practices in which the Enrollee is enrolled, including the identification of separate commodities if there are multiple enrollments under a specific manual;

(b) Month(s) and year(s) that nutrient application occurred;

(c) Type of nutrient source utilized;

(d) Total amount of nitrogen applied in pounds;

(e) Total amount of phosphorus as P2O5 applied in pounds; and,

(f) Total acreage over which nitrogen or phosphorus as P2O5 was applied.

(5) Enrolled areas subject to a permit or license for biosolids application issued by DEP in accordance with Chapter 62-640, F.A.C., must comply with the nutrient limitations in the permit or license. The Department will utilize DEP’s nutrient records regarding those areas of any enrollment subject to a biosolids application permit or license.

(6) Section 403.067(7)(c)6., F.S., provides that agricultural records, defined therein, are confidential and exempt from public records disclosure.

(7) For Enrollees participating in any of the Equivalent Programs described in subsection 5M-1.001(7), F.A.C., the Department’s implementation verification regarding the area(s) of the NOI property subject to the Equivalent Program instrument will consist of confirming that the Enrollee is:

(a) Maintaining a valid permit or license for programs identified in paragraphs 5M-1.001(7)(a) or (b), F.A.C., as determined by the issuing agency, pursuant to its statutory and/or rule authority.

(b) Upholding the terms of the easements, leases or binding agreements identified in paragraph 5M-1.001(7)(c), F.A.C., including an annual onsite verification by the state agency or water management district issuing the easements, leases or binding agreements.

(c) Maintaining compliance with the Conservation Plan for the program identified in paragraph 5M-1.001(7)(d), F.A.C.

(8) In the event of an emergency declared in a Governor-issued Executive Order, Enrollees are authorized to apply replacement fertilizer on enrolled areas located within a county identified in the Executive Order.

(a) Replacement fertilizer may be applied when:

1. Re-establishing, re-planting, or reconditioning crops rendered unmarketable or destroyed by the emergency event;

2. There is onsite field or grove flooding; or

3. Rainfall exceeds three inches in three days or four inches in seven days.

(b) A replacement application of fertilizer may not exceed the amount of N or P that was applied to the initial crop prior to the Executive Order, that was based upon the rate established in the applicable commodity BMP Manual:

(c) For nutrient reporting and implementation verification purposes, the Enrollee must provide documentation of the initial application of N or P and documentation of the replacement application. When conducting the implementation verification, the Department will consider only the replacement application to determine whether an Enrollee is properly implementing the applicable BMP.

(d) The replacement application authorized by this rule shall not constitute improper implementation of any applicable BMP for implementation verification purposes, provided the Enrollee:

1. Applies replacement fertilizer within 90 days of the effective date of the initial Executive Order addressing the emergency event; and

2. Applies replacement fertilizer in accordance with the NOI and BMP Checklist submitted by the Enrollee during enrollment, or the most recent BMP Checklist if revised during an implementation verification site visit; and

3. Maintains all application records and other records required by the BMP Checklist and provides the required documentation to the Department during their next implementation verification site visit.

(e) The conditions for the application of replacement fertilizer pursuant to this rule are not required for the application of supplemental fertilizer under the applicable BMP Manual.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History‒New 11-1-17, Amended 9-12-21, 10-30-24.

Fla. Admin. Code R. 5M-1.009 Best Management Practices Implementation Assistance

(1) The Department will provide implementation assistance to Enrollees as follows:

(a) If the implementation verification site visit described in subsection 5M-1.008(1), F.A.C., indicates that an Enrollee has not achieved proper implementation of Applicable BMPs, the Department will work in cooperation with the Enrollee to identify corrective measures to be taken as soon as practicable to achieve proper implementation of Applicable BMPs. The identification of corrective measures will include the setting of expectations and the time required to complete them. If the Enrollee is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Producer’s implementation.

(b) If the Enrollee does not fully implement the identified corrective measures within the established timeframe, the Department will issue the Enrollee a letter of non-compliance identifying remedial measures to be taken by the Enrollee and, if necessary, the Landowner to achieve proper implementation of Applicable BMPs. The identification of remedial measures will include setting of expectations and the time required to complete them. An Enrollee that fails to implement the identified remedial measures will be subject to subsection (2).

(c) Department representatives will verify the completion of corrective or remedial measures within the established timeframes. In no case shall the overall timeframe for completion of corrective and remedial measures extend beyond the date of the next implementation verification site visit.

(d) An Enrollee that does not cooperate with the Department to identify or implement corrective or remedial measures will be subject to subsection (2).

(2) The Department will notify DEP after the date of scheduled completion of remedial measures identified pursuant to paragraph (1)(b), of any Enrollee that refuses or fails to properly implement Applicable BMPs.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History‒New 11-1-17, Amended 9-12-21, 10-30-24.

Fla. Admin. Code R. 5M-1.010 Temporarily Inactive Operations

(1) To qualify as a Temporarily Inactive Operation under the best management practices (BMP) programs listed in subsection (2) or (3) of this rule, an Enrollee must:

(a) Have been engaged in active agricultural production on parcels for which temporarily inactive status is being sought within the preceding five (5) years or, if in citrus production, ten (10) years of the date of notification required in paragraph 5M-1.010(1)(d), F.A.C.;

(b) Be enrolled in the BMP programs as provided in any of Chapters 5M-2 through 5M-14 or 5M-16 through 5M-19, F.A.C., on applicable parcels and production activities;

(c) Maintain the land as fallow for more than one year; and

(d) Notify the Department in writing to AgBmpHelp@FDACS.gov or the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 407 South Calhoun Street, Tallahassee, FL 32399, and request classification as a Temporarily Inactive Operation. Such notification shall include:

1. Identification of the parcel to be classified as a Temporarily Inactive Operation, including the existing Notice of Intent to Implement BMPs (NOI) numbers, parcel numbers and geographic extent of those areas to be classified as temporarily inactive;

2. Confirmation that the Enrollee meets the requirements of paragraphs 5M-1.010(1)(a) and 5M-1.010(1)(b), F.A.C.; and

3. Statement that the Enrollee intends to return to active agricultural production on those parcels subject to temporarily inactive status within a time period not to exceed five (5) years from the date of notification, unless the production areas are verified as still inactive by the Department prior to the expiration of the five-year period.

(2) For Temporarily Inactive Operations, the following BMPs shall be applicable and constitute the basis for verification of the status of implementation:

(a) No fertilizer is applied to the inactive parcel in any form;

(b) Installed or constructed surface water management systems and structures are operated in accordance with a permit issued pursuant to Section 373.4131, F.S. In the absence of such a permit, the system and structures are maintained in working order and operated consistent with the practices below:

1. For ditch systems that contain water control structures, remove boards only when necessary to prevent adverse hydrologic impacts to adjacent parcels; and

2. During the inactive period, fixed weirs or other means of outfall shall be maintained, or repaired if necessary, to achieve the same level of service as when the operation was enrolled or the infrastructure was constructed.

(c) During the inactive period, the primary infrastructure for irrigation or water table management systems shall be maintained at the same condition as when the operation became inactive. Primary infrastructure does not include secondary distribution pumps;

(d) Implement measures to prevent or control woody exotic and invasive vegetative species listed in Rule 5B-57.007, F.A.C.; and

(e) Manage and store chemicals, fuels, and other regulated materials on the property as required by state and federal law.

(3) Enrollees who have executed, or expect to be under, a contract, easement, or other agreement with the Florida Department of Environmental Protection, a water management district, or the Department to operate a water resource project shall operate in compliance with the terms of such contract, easement, or other agreement. The Enrollee must return to active agricultural production within five (5) years of the expiration or termination of the contract, easement, or other agreement, including any extensions and amendments. If the operations are terminated prior to the expiration due to lack of funding, the time period to return to active agricultural operation shall begin from the last date of operating the system.

(4) Those areas within an existing NOI that are not subject to classification as Temporarily Inactive Operations shall remain subject to the conditions of the existing NOI.

(5) An Enrollee who has a parcel(s) classified as a Temporarily Inactive Operation must notify the Department in writing to AgBmpHelp@FDACS.gov or the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 407 South Calhoun Street, Tallahassee, FL 32399, and request re-classification or enroll in BMPs specific to their commodity within 60 days of starting production.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c. FS. History‒New 5-12-20, Amended 10-30-24.

Fla. Admin. Code R. 5M-1.011 Record Keeping

Enrollees must keep records for a period of at least five years after they are generated to document implementation and maintenance of the practices identified in the NOI and Applicable BMPs. All documentation is subject to inspection by Department representatives.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 576.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 10-30-24.

Chapter 5M-2 BEST MANAGEMENT PRACTICES (BMPS) FOR INDIAN RIVER AREA CITRUS GROVES

Fla. Admin. Code R. 5M-2.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 6-24-02, Repealed 11-19-25.

Fla. Admin. Code R. 5M-2.002 Approved BMPs

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 6-24-02, Amended 10-6-05, Repealed 11-19-25.

Fla. Admin. Code R. 5M-2.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 6-24-02, Amended 1-29-06, Repealed 11-19-25.

Fla. Admin. Code R. 5M-2.004 Notice of Intent to Implement

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 6-24-02, Amended 5-23-07, Repealed 11-19-25.

Fla. Admin. Code R. 5M-2.005 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 6-24-02, Repealed 11-19-25.

Chapter 5M-3 BEST MANAGEMENT PRACTICES FOR AGRICULTURAL OPERATIONS IN THE NORTHERN EVERGLADES

Fla. Admin. Code R. 5M-3.001 Purpose

History

• Rulemaking Authority 373.4595(3)(c)1.a., 8., (4)(a)2.a., g., (b)2.a., g, 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., 8., 373.4595(4)(a)2.a., g., (b)2.a., g., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06, 8-15-11, Repealed 11-19-25.

Fla. Admin. Code R. 5M-3.002 Definitions

History

• Rulemaking Authority 373.4595(3)(c)1.a., 8., (4)(a)2.a., g., (b)2.a., g, 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., 8., 373.4595(4)(a)2.a., g., (b)2.a., g., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06, 8-15-11, Repealed 11-19-25.

Fla. Admin. Code R. 5M-3.003 Required Best Management Practices

History

• Rulemaking Authority 373.4595(3)(c)1.a., 8., (4)(a)2.a., g., (b)2.a., g, 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., 8., 373.4595(4)(a)2.a., g., (b)2.a., g., 403.067(7)(c)2, F.S. History–New 10-23-03, Amended 6-28-06, 8-15-11, Repealed 11-19-25.

Fla. Admin. Code R. 5M-3.004 Land Application of Animal Wastes

History

• Rulemaking Authority 373.4595(3)(c)1.a., 8., (4)(a)2.a., g., (b)2.a., g, 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., 8., 373.4595(4)(a)2.a., g., (b)2.a., g., 403.067(7)(c)2, FS. History–New 10-23-03, Amended 6-28-06, 8-15-11, Repealed 11-19-25.

Fla. Admin. Code R. 5M-3.005 BMP Record Keeping

History

• Rulemaking Authority 373.4595(3)(c)1.a., 8., (4)(a)2.a., g., (b)2.a., g, 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., 8., 373.4595(4)(a)2.a., g., (b)2.a., g., 403.067(7)(c)2. FS. History‒New 10-23-03, Amended 6-28-06, 8-15-11, Repealed 11-19-25.

Fla. Admin. Code R. 5M-3.006 Access to Properties

History

• Rulemaking Authority 373.4595(3)(c)1.a., 8., (4)(a)2.a., g., (b)2.a., g, 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 373.4595(3)(c)1.a., 8., 373.4595(4)(a)2.a., g., (b)2.a., g., 403.067(7)(c)2. FS. History‒New 10-23-03, Amended 6-28-06, 8-15-11, Repealed 11-19-25.

Fla. Admin. Code R. 5M-3.007 Record Keeping

History

• Rulemaking Authority 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. History–New 10-23-03, Amended 6-28-06, Repealed 8-15-11.

Fla. Admin. Code R. 5M-3.008 Land Use Changes

History

• Rulemaking Authority 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. History–New 10-23-03, Repromulgated 6-28-06, Repealed 8-15-11.

Fla. Admin. Code R. 5M-3.009 Preservation of Authority

History

• Rulemaking Authority 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. Law Implemented 373.4595(3)(c)1.a., 403.067(7)(c)2. FS. History–New 10-23-03, Repromulgated 6-28-06, Repealed 8-15-11.

Chapter 5M-4 INTERIM MEASURES FOR TRI-COUNTY AGRICULTURAL AREA FARMS

Fla. Admin. Code R. 5M-4.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Amended 3-22-12, Repealed 11-20-25.

Fla. Admin. Code R. 5M-4.002 Approved Guidance on the Implementation of Best Management Practices

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Amended 3-22-12, Repealed 11-20-25.

Fla. Admin. Code R. 5M-4.003 Recordkeeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Amended 3-22-12, Repealed 11-20-25.

Fla. Admin. Code R. 5M-4.004 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Repealed 3-22-12.

Fla. Admin. Code R. 5M-4.005 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-16-03, Repealed 3-22-12.

Chapter 5M-5 BEST MANAGEMENT PRACTICES (BMPS) FOR THE PEACE RIVER MANASOTA BASIN AREA AND CITRUS GROWN IN OTHER FLATWOODS SOILS

Fla. Admin. Code R. 5M-5.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-27-05, Repealed 11-20-25.

Fla. Admin. Code R. 5M-5.002 Approved Citrus BMPs

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-27-05, Amended 5-3-11, Repealed 11-20-25.

Fla. Admin. Code R. 5M-5.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-27-05, Repealed 11-20-25.

Fla. Admin. Code R. 5M-5.004 Notice of Intent to Implement

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-27-05, Amended 5-23-07, Repealed 11-20-25.

Fla. Admin. Code R. 5M-5.005 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-27-05, Repealed 11-20-25.

Chapter 5M-6 Best Management Practices for Florida Nursery Operations

Fla. Admin. Code R. 5M-6.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07, Repealed 6-26-14.

Fla. Admin. Code R. 5M-6.002 Approved Best Management Practices

Statewide best management practices for nursery operations are in the manual titled Florida Nursery Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01267, rev. 11/24), adopted and hereby incorporated by reference. Copies of the document may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17889.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 5-31-06, Amended 8-2-07, 6-26-14, 3-12-25.

Fla. Admin. Code R. 5M-6.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07, 6-26-14, Repealed 3-12-25.

Fla. Admin. Code R. 5M-6.004 Notice of Intent to Implement Best Management Practices

An Enrollee under the Florida Nursery Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices manual (FDACS-P-01267, rev. 11/24), as incorporated by reference in Rule 5M-6.002, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 5-31-06, Amended 8-2-07, 6-26-14, 3-12-25.

Fla. Admin. Code R. 5M-6.005 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 8-2-07, 6-26-14, Repealed 3-12-25.

Fla. Admin. Code R. 5M-6.006 Previously Submitted Notices of Intent to Implement

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 8-2-07, Amended 6-26-14, Repealed 3-12-25.

Chapter 5M-7 Best Management Practices for Gulf Citrus

Fla. Admin. Code R. 5M-7.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Repealed 11-20-25.

Fla. Admin. Code R. 5M-7.002 Approved BMPs

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 5-23-07, Repealed 11-20-25.

Fla. Admin. Code R. 5M-7.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Repealed 11-20-25.

Fla. Admin. Code R. 5M-7.004 Notice of Intent to Implement

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Amended 5-23-07, Repealed 11-20-25.

Fla. Admin. Code R. 5M-7.005 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-31-06, Repealed 11-20-25.

Chapter 5M-8 Best Management Practices for Florida Vegetable and Agronomic Crop Operations

Fla. Admin. Code R. 5M-8.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-8-06, Repealed 10-7-15.

Fla. Admin. Code R. 5M-8.002 Documents Incorporated by Reference

The following documents are hereby adopted and incorporated by reference. Copies of the documents may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399 or online as indicated.

(1) Florida Vegetable and Agronomic Crop (VAC) Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01268, rev. 12/24) accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17309.

(2) Dade County Department of Environmental Resources Management document Handbook for the Voluntary Retrofit of Open, Uncased Agricultural Wells (1997) accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05852.

History

• Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 2-8-06, Amended 10-7-15, 2-27-25.

Fla. Admin. Code R. 5M-8.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-8-06, Amended 10-7-15, Repealed 2-27-25.

Fla. Admin. Code R. 5M-8.004 Notice of Intent to Implement Best Management Practices

An Enrollee under the Florida Vegetable and Agronomic Crop (VAC) Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01268, rev. 12/24), as incorporated by reference in Rule 5M-8.002, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 2-8-06, Amended 5-23-07, 10-7-15, 2-27-25.

Fla. Admin. Code R. 5M-8.005 Notice of Intent to Implement Best Management Practices for Everglades Agricultural Area or C-139 and Western Basins Area

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 2-8-06, Amended 10-7-15, Repealed 2-27-25.

Fla. Admin. Code R. 5M-8.006 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-7-15, Repealed 2-27-25.

Fla. Admin. Code R. 5M-8.007 Notices of Intent to Implement Submitted Prior to October 7, 2015

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-7-15, Amended 1-18-18, Repealed 2-27-25.

Chapter 5M-9 Best Management Practices for Florida Sod

Fla. Admin. Code R. 5M-9.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-9-08, Repealed 9-23-24.

Fla. Admin. Code R. 5M-9.002 Approved Best Management Practices

Statewide best management practices (BMPs) for sod growing operations are in the manual titled Florida Sod Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01330, rev. 10/24), hereby incorporated and adopted by reference. Copies of the document may be obtained from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17128.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 10-9-08, Amended 11-12-24.

Fla. Admin. Code R. 5M-9.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)3. FS. History–New 10-9-08, Repealed 9-23-24.

Fla. Admin. Code R. 5M-9.004 Notice of Intent to Implement Best Management Practices

A Landowner or Producer enrolled under Florida Sod Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01330, rev. 10/24), is also subject to the requirements of Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 10-9-08, Amended 11-12-24.

Fla. Admin. Code R. 5M-9.005 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2. FS. Law Implemented 403.067(7)(c)2. FS. History–New 10-9-08, Repealed 9-23-24.

Chapter 5M-10 Manure Application in the Caloosahatchee and St. Lucie River Watersheds

Fla. Admin. Code R. 5M-10.001 Purpose and Applicability

History

• Rulemaking Authority 373.4595(4)(a)2.g., (b)2.g. FS. Law Implemented 373.4595(4)(a)2.g, (b)2.g. FS. History–New 2-5-09, Repealed 2-15-12.

Fla. Admin. Code R. 5M-10.002 Definitions

History

• Rulemaking Authority 373.4595(4)(a)2.g., (b)2.g. FS. Law Implemented 373.4595(4)(a)2.g., (b)2.g. FS. History–New 2-5-09, Repealed 2-15-12.

Fla. Admin. Code R. 5M-10.003 Land Application Requirements

History

• Rulemaking Authority 373.4595(4)(a)2.g., (b)2.g. FS. Law Implemented 373.4595(4)(a)2.g., (b)2.g. FS. History–New 2-5-09, Repealed 2-15-12.

Fla. Admin. Code R. 5M-10.004 Record Keeping

History

• Rulemaking Authority 373.4595(4)(a)2.g., (b)2.g. FS. Law Implemented 373.4595(4)(a)2.g., (b)2.g. FS. History–New 2-5-09, Repealed 2-15-12.

Chapter 5M-11 Best Management Practices for Florida Cattle Operations

Fla. Admin. Code R. 5M-11.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 4-23-09, Repealed 12-22-24.

Fla. Admin. Code R. 5M-11.002 Approved Best Management Practices

Statewide best management practices (BMPs) for cattle operations are in the manual titled Florida Cattle Operations , 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01280, rev. 11/24) hereby adopted and incorporated by reference. Copies of the manual may be obtained from the Florida Department of Agriculture and Consumer Services (FDACS), Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17136.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 4-23-09, Amended 12-22-24.

Fla. Admin. Code R. 5M-11.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 4-23-09, Repealed 12-22-24.

Fla. Admin. Code R. 5M-11.004 Notice of Intent to Implement Best Management Practices

An Enrollee under Florida Cattle Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01280, rev. 11/24), incorporated by reference in Rule 5M-11.002, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 4-23-09, Amended 12-22-24.

Fla. Admin. Code R. 5M-11.005 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 4-23-09, Repealed 12-22-24.

Chapter 5M-12 Conservation Plans for Specified Agricultural Operations

Fla. Admin. Code R. 5M-12.001 Purpose

The purpose of this rule is to effect, under incentive-based programs, agricultural nonpoint source pollutant reduction in Florida through the implementation of approved conservation plans containing best management practices (BMPs) that have been verified to be effective by the Florida Department of Environmental Protection (FDEP).

History

• Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New 6-16-10.

Fla. Admin. Code R. 5M-12.002 Definitions

(1) “Conservation plan” means a record of the decisions and supporting information for treatment of a unit of land or water, approved by USDA/NRCS or certified by a Technical Service Provider, which meets the requirements of Rule 5M-12.004, F.A.C.

(2) “Department” means the Florida Department of Agriculture and Consumer Services.

(3) “Land use” means the producer’s intended use of the land for agricultural purposes.

(4) “Technical service provider” means an individual or entity certified by the United States Department of Agriculture Natural Resources Conservation Service (USDA/NRCS) and placed on its approved list to provide technical services to program participants.

(5) “Notice of Intent” means a form provided by the Department to be submitted by the producer to enroll in BMPs.

History

• Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New 6-16-10.

Fla. Admin. Code R. 5M-12.003 Eligible Agricultural Operations

The following operations may develop and implement site-specific conservation plans, as provided in this rule, to ensure that agricultural discharges have minimal individual or cumulative adverse impacts to the water resources of the state:

(1) Commercial livestock operations.

(2) Operations conducting multiple agricultural land uses on properties within the same county or on contiguous properties that cross county boundaries.

History

• Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New 6-16-10.

Fla. Admin. Code R. 5M-12.004 Plan Development and Revision

(1) The conservation plan shall be developed in accordance with the USDA/NRCS National Planning Procedures Handbook Amendment 4, December 2006 (hereby adopted and incorporated by reference), and shall be consistent with quality criteria for soil, water quality, and water quantity contained in Florida’s Quality Criteria, Section III (A), of the USDA/NRCS Field Office Technical Guide (FOTG), April 2005 (hereby adopted and incorporated by reference). These documents may be obtained from USDA/NRCS, Post Office Box 141510, 2614 Northwest 43rd Street, Gainesville, Florida 32614-1510, or accessed online at: http://www.floridaagwaterpolicy.com/bestmanagementpractices.html; http://www.nrcs.usda.gov/Technical/efotg/.

(2) The conservation plan shall include:

(a) As listed in Section III B of the FOTG, March 2005 (hereby adopted and incorporated by reference), all the essential conservation practices for the identified land uses on the operation, and the applicable facilitating conservation practices that support quality criteria for soil, water quality, and water quantity contained in Section III A of the USDA/NRCS FOTG, April 2005. Section III B of the FOTG, March 2005, may be obtained from USDA/NRCS, Post Office Box 141510, 2614 Northwest 43rd Street, Gainesville, Florida 32614-1510, or accessed online at: http://www.nrcs.usda.gov/Technical/efotg/ or http://www.floridaagwaterpolicy.com/bestmanagementpractices.html

(b) A completed copy of the BMP checklist contained in each manual adopted by the Department under Title 5M, F.A.C., that is applicable to the operation;

(c) The schedule of operations and activities needed to address all identified soil and water quality and water quantity issues, which provides for implementing:

1. As soon as practicable within one year after submitting the Notice of Intent (NOI), the applicable non-structural nutrient and irrigation management practices.

2. As soon as practicable within two years after submitting the NOI, the remaining applicable practices, except for practices that require more time to implement, as specified in the plan.

(d) All applicable record-keeping requirements, including the relevant requirements in Rule 5M-12.006, F.A.C.; and,

(e) The date of plan completion or revision.

(3) The plan shall be reviewed at least every five years, and updated as necessary to continue to meet the requirements of this rule. If the Department adopts or revises any BMP manuals applicable to the operation subsequent to plan completion, the producer shall include in the plan a completed copy of the BMP checklist contained in the new or revised manual.

History

• Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New 6-16-10.

Fla. Admin. Code R. 5M-12.005 Notice of Intent to Implement

To enroll in the BMP program, the participant must submit an Notice of Intent to Implement (NOI) to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, 1203 Governors Square Boulevard, Suite 200, Tallahassee, Florida 32301. The Notice of Intent to Implement Conservation Plans for Specified Agricultural Operations (DACS-01539, Rev. 01/10), hereby adopted and incorporated by reference, may be obtained from the Office of Agricultural Water Policy or accessed online at http://www.floridaagwaterpolicy.com/. The Notice of Intent shall include:

(1) The name of the property owner, the location of the property, and the property tax ID number(s);

(2) The acreage of each agricultural land use on which the identified practices will be implemented;

(3) Contact name and information;

(4) The signature of the owner, leaseholder, or authorized agent; and,

(5) A copy of the completed conservation plan. Once submitted to the Department with the NOI, the completed conservation plan is a public document, and shall be made available by the Department upon request, except for plan content that is confidential pursuant to Section 403.067(7)(c)5., F.S.

History

• Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New 6-16-10.

Fla. Admin. Code R. 5M-12.006 BMP Record Keeping

Participants must preserve documentation to confirm implementation and maintenance of the BMPs contained in the conservation plan submitted with the NOI. All documentation is subject to inspection. Record keeping shall include:

(1) As applicable to the operation, documentation specified in the conservation plan.

(2) Records specified for any BMPs in manuals adopted by the Department under Title 5M, F.A.C., that are applicable to the operation.

History

• Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New 6-16-10.

Fla. Admin. Code R. 5M-12.007 Presumption of Compliance

Pursuant to Sections 403.067(7)(c) and 576.045(4), (5), F.S., agricultural operations that implement BMPs, in accordance with Department rule, that have been verified by the FDEP as effective in reducing pollutants addressed by the practices are presumed to comply with state water quality standards, and are released from the provisions of Section 376.307(5), F.S., for those pollutants.

(1) Except as stated in subsection (2), in order to meet the statutory requirements for a presumption of compliance with state water quality standards and release from Section 376.307(5), F.S., the participant must:

(a) Develop a site-specific conservation plan that meets the requirements of Rule 5M-12.004, F.A.C.;

(b) Submit an NOI to implement the plan, as outlined in Rule 5M-12.005, F.A.C.;

(c) Implement the plan and maintain the BMPs; and,

(d) Comply with the record-keeping requirements in Rule 5M-12.006, F.A.C.

(2) Presumption of compliance with state water quality standards for the areas of livestock operations subject to regulation under Chapters 62-620, 62-621 and 62-670, F.A.C., is governed by the requirements of those rules.

History

• Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085, 576.045(6) FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085, 576.045(4), (5) FS. History–New 6-16-10.

Fla. Admin. Code R. 5M-12.008 Access to Properties

Producers who implement BMPs under this rule shall allow the Department, or the Department in conjunction with FDEP, the applicable water management district or USDA/NRCS representatives, access to the property to confirm implementation, operation, and maintenance of BMPs. Advance notice of inspections shall be provided to the landowner, and the inspection shall be scheduled at a mutually agreeable time.

History

• Rulemaking Authority 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. Law Implemented 403.067(7)(c)2., (13)(b), 570.07(23), 570.085 FS. History–New 6-16-10.

Chapter 5M-13 Best Management Practices for Florida Specialty Fruit and Nut Crop Operations

Fla. Admin. Code R. 5M-13.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-25-11, Repealed 2-24-25.

Fla. Admin. Code R. 5M-13.002 Approved Best Management Practices

Statewide best management practices (BMPs) for specialty fruit and nut crop operations are in the manual titled Florida Specialty Fruit and Nut Crop Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS P-01589, rev. 11/24), hereby adopted and incorporated by reference. Copies of the document may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or accessed online at https://www.flrules.org/Gateway/reference.asp?No=Ref-17491.

History

• Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 5-25-11, Amended 2-24-25.

Fla. Admin. Code R. 5M-13.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-25-11, Repealed 2-24-25.

Fla. Admin. Code R. 5M-13.004 Notice of Intent to Implement Best Management Practices

An Enrollee under the Florida Specialty Fruit and Nut Crops Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01589, rev. 11/24), as incorporated by reference in Rule 5M-13.002, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 5-25-11, Amended 2-24-25.

Fla. Admin. Code R. 5M-13.005 BMP Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 5-25-11, Repealed 2-24-25.

Chapter 5M-14 Best Management Practices for Florida Equine Operations

Fla. Admin. Code R. 5M-14.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 3-15-12, Repealed 3-12-25.

Fla. Admin. Code R. 5M-14.002 Approved Best Management Practices

Statewide best management practices for equine operations are in the manual titled Florida Equine Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01531, rev. 11/24), hereby adopted and incorporated by reference. Copies of the manual may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17462.

History

• Rulemaking Authority 403.067(7)(c)2., 7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 3-15-12, Amended 3-12-25.

Fla. Admin. Code R. 5M-14.003 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 3-15-12, Repealed 3-12-25.

Fla. Admin. Code R. 5M-14.004 Notice of Intent to Implement Best Management Practices

An Enrollee under the Florida Equine Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-01531, rev. 11/24), as incorporated by reference in Rule 5M-14.002, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 3-15-12, Amended 3-12-25.

Fla. Admin. Code R. 5M-14.005 BMP Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 3-15-12, Repealed 3-12-25.

Chapter 5M-15 Procedures for Binding Determinations of Agricultural Exemptions

Fla. Admin. Code R. 5M-15.001 Definitions

(1) Landowner – The owner of the land on which the activities in question have been or are proposed to be conducted.

(2) Normal and customary practice in the area – Generally accepted agricultural activities for the type of operation and the region.

(3) Sole or predominant purpose – The primary function of the activity in question.

History

• Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New 10-14-12.

Fla. Admin. Code R. 5M-15.002 Dispute Regarding Exemption

In the event of a dispute as to the applicability of an exemption under Section 373.406(2), F.S., a water management district or landowner may request that the Department make a binding determination as to whether an existing or proposed agricultural activity qualifies for the exemption. All requests for a binding determination shall be submitted in writing to the Office of Agricultural Water Policy, Florida Department of Agriculture and Consumer Services at 1203 Governor’s Square Boulevard, Suite 200, Tallahassee, FL 32301, or AgPermitExemption@FreshFromFlorida.com.

History

• Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New 10-14-12.

Fla. Admin. Code R. 5M-15.003 Eligibility for a Binding Determination

In order for the Department to conduct a binding determination under Section 373.407, F.S., the following conditions must exist:

(1) The activities in question must be on lands classified as agricultural by the county property appraiser pursuant to Section 193.461, F.S. Proof of classification status may be provided by the requesting party or confirmed by the Department through the county property appraiser.

(2) The activities in question must not previously have been authorized by an environmental resource permit or a management and storage of surface water permit issued pursuant to Chapter 373, Part IV, F.S., or by a dredge and fill permit issued pursuant to Chapter 403, F.S. The water management district shall provide a statement as to whether the activities in question were previously authorized by any of these types of permits.

(3) There must be a dispute between the landowner and the water management district as to the applicability of the exemption. The dispute must be documented as provided in Rule 5M-15.004, F.A.C.

History

• Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New 10-14-12.

Fla. Admin. Code R. 5M-15.004 Documentation of Dispute

In order to establish that a dispute exists as to the applicability of Section 373.406(2), F.S.

(1) A water management district making a request for a binding determination from the Department must provide a copy of written correspondence informing the landowner that the activity requires or may require a permit, and a copy of written correspondence or other documentation from the landowner indicating that the landowner is claiming that the activity is exempt under Section 373.406(2), F.S.

(2) A landowner making a request for a binding determination from the Department must provide a copy of written correspondence from the water management district indicating that the activity requires or may require a permit, and a written statement or other documentation indicating that the landowner is claiming that the activity is exempt under Section 373.406(2), F.S.

History

• Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New 10-14-12.

Fla. Admin. Code R. 5M-15.005 Exemption Criteria

(1) In order for alterations or activities to be exempt from permitting under Section 373.406(2), F.S., all of the following criteria must be met, as determined by the Department:

(a) The landowner must be engaged in the occupation of agriculture, silviculture, floriculture, or horticulture;

(b) Alterations to the topography of the land must be for purposes consistent with the normal and customary practice of such occupation in the area; and,

(c) The alteration or activity may not be for the sole or predominant purpose of impeding or diverting the flow of surface waters or adversely impacting wetlands.

(2) The Department shall not establish, by policy or practice, standardized threshold acreage impacts to wetlands or other surface waters, as a basis to deny exempt status to the activity or activities subject to review. The Department shall consider each disputed activity on a case-by-case basis, including the extent and nature of potential or actual impacts.

History

• Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New 10-14-12.

Fla. Admin. Code R. 5M-15.006 Binding Determination Process

(1) In support of a request for a binding determination as to whether an existing or proposed activity qualifies for the exemption in Section 373.406(2), F.S., the Department shall obtain the following documentation, as needed to address questions in dispute. Maps may be combined, as appropriate and feasible.

(a) From the landowner:

1. A written description of the existing or proposed activities and the reasons the landowner considers the activities to be exempt from permitting.

2. For newly proposed activities, construction drawings (e.g., plan view, cross-sectionals).

3. Onsite digital photographs. These may be obtained by the Department during a site visit.

(b) From the water management district or other appropriate source:

1. A project location map (include section/township/range, property boundary, major roads).

2. Soils map.

3. A map of hydrologic features, including wetlands, lakes, streams, and reservoirs; and canals, ditches, and other excavated areas.

4. United States Geological Survey topographic quadrangle map or a more recent topographic map.

5. Historical and recent aerial photographs.

(2) To the extent of the available information, the water management district shall provide a detailed written description and the location of each activity that is in dispute, the dates that any existing activities occurred, the impacts the district is associating with each existing or proposed activity, and the specific regulation(s) under which the water management district is asserting permitting authority.

(3) The steps the Department will take to arrive at a binding determination include, but are not limited to:

(a) Confirm that the eligibility requirements in Rule 5M-15.003, F.A.C., are met.

(b) Review the information listed in subsections (1) and (2) of this section.

(c) Schedule and conduct a site visit. Information collected during a site visit may include:

1. Field notes that characterize the type of farming operation.

2. In-situ measurements, including soil borings.

3. Identification of gravity drainage, pumped outfall areas, and flow notations.

4. Digital photographs.

5. Interviews with individuals knowledgeable about the operation.

(d) Consult best management practices applicable to the operation and adopted by rule of the Department in Title 5M, F.A.C.

(e) Request additional information from the water management district or the landowner, as needed and feasible.

(4) Based on the information obtained pursuant to this section, the Department will evaluate whether the landowner meets the criteria listed in Rule 5M-15.005, F.A.C., and will formulate a report containing a binding determination. In the report, the Department will explain the basis for its conclusions and provide references to any documents or other sources of information or guidance used in making its determination. The Department will send the written report, by regular or electronic mail, to the affected water management district and landowner.

History

• Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New 10-14-12.

Fla. Admin. Code R. 5M-15.007 Final Agency Action

Binding determinations under this rule are final agency action subject to administrative proceedings pursuant to Sections 120.569 and 120.57, F.S. Each determination will include a notice of rights to an administrative hearing and appeal.

History

• Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New 10-14-12.

Chapter 5M-16 Best Management Practices for Florida Citrus Operations

Fla. Admin. Code R. 5M-16.001 Approved Best Management Practices

Statewide best management practices for citrus operations are in the manual titled Florida Citrus Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01756, rev. 11/24), hereby adopted and incorporated by reference. Copies of the manual may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17799.

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-9-13, Amended 3-4-25.

Fla. Admin. Code R. 5M-16.002 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-9-13, Repealed 3-4-25.

Fla. Admin. Code R. 5M-16.003 Notice of Intent to Implement Best Management Practices

An Enrollee under Florida Citrus Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-01756, rev. 11/24), as incorporated by reference in Rule 5M-16.001, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., (7)(d)3. FS. History–New 1-9-13, Amended 3-5-25.

Fla. Admin. Code R. 5M-16.004 Recordkeeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-9-13, Repealed 3-4-25.

Fla. Admin. Code R. 5M-16.005 Previously Submitted NOIs

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-9-13, Repealed 3-4-25.

Chapter 5M-17 Best Management Practices for Florida Dairy Operations

Fla. Admin. Code R. 5M-17.001 Approved Best Management Practices

Statewide best management practices (BMPs) for dairy operations are in the manual titled Florida Dairy Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-02008, rev. 11/24) hereby adopted and incorporated by reference. Copies of the manual may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17800.

History

• Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 1-10-16, Amended 3-5-25.

Fla. Admin. Code R. 5M-17.002 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-10-16, Repealed 3-5-25.

Fla. Admin. Code R. 5M-17.003 Notice of Intent to Implement Best Management Practices

An Enrollee under Florida Dairy Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-02008, rev. 11/24), incorporated by reference in Rule 5M-17.001, F.A.C., is also subject to the requirements of Rule Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., (7)(d)2.c., 570.07(10), (23) FS. Law Implemented 403.067(7)(c)2., (7)(d)2.c., (7)(d)3. FS. History–New 1-10-16, Amended 3-5-25.

Fla. Admin. Code R. 5M-17.004 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History–New 1-10-16, Repealed 3-5-25.

Chapter 5M-18 FLORIDA AGRICULTURE WILDLIFE BEST MANAGEMENT PRACTICES

Fla. Admin. Code R. 5M-18.001 Approved Florida Agriculture Wildlife Best Management Practices

The document titled Florida Agriculture Wildlife Best Management Practices for State Imperiled Species (2015 Edition), FDACS-P-02031, is hereby incorporated and adopted by reference. Copies of the document may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399 or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05404.

History

• Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New 6-17-15.

Fla. Admin. Code R. 5M-18.002 Presumption of Compliance

To obtain the presumption of compliance authorized in paragraph 68A-27.007(2)(d), F.A.C., regarding incidental take of state imperiled species, the applicant must:

(1) Submit a Notice of Intent to Implement (NOI), as provided in Rule 5M-18.003, F.A.C., that identifies the applicable Best Management Practices (BMPs);

(2) Implement the BMPs applicable to those species identified by the applicant on the NOI checklist; and,

(3) Maintain documentation to verify the implementation and maintenance of the identified BMPs.

History

• Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New 6-17-15.

Fla. Admin. Code R. 5M-18.003 Notice of Intent to Implement

(1) A Notice of Intent to Implement (NOI) Wildlife Best Management Practices for Agriculture which is a part of the manual incorporated in Rule 5M-18.001, F.A.C., shall be submitted to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399; and to the Florida Fish and Wildlife Conservation Commission, Attn: Wildlife BMP Program, 620 South Meridian Street, Tallahassee, Florida 32399. The Notice of Intent to Implement Wildlife Best Management Practices for Agriculture (FDACS-01986, 03/15), hereby adopted and incorporated by reference, may be obtained from either agency or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05405.

(2) The applicant shall identify on the NOI Checklist the State Imperiled Species and the Florida Agriculture Wildlife Best Management Practices to be implemented. The NOI is a one-time notification for each property or parcel and is not required for each and every individual activity undertaken by the applicant.

History

• Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New 6-17-15.

Fla. Admin. Code R. 5M-18.004 Record Keeping

Applicants must keep records for a period of at least five years to document implementation and maintenance of the BMPs identified in the Notice of Intent to Implement Wildlife Best Management Practices for Agriculture (FDACS-01986, 03/15) as incorporated in Rule 5M-18.003, F.A.C. All field activities and documentation related to BMP implementation are subject to Florida Department of Agriculture and Consumer Services and Florida Fish and Wildlife Conservation Commission inspection, upon request.

History

• Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New 6-17-15.

Chapter 5M-19 Best Management Practices for Florida Poultry Operations

Fla. Admin. Code R. 5M-19.001 Approved Florida Poultry Best Management Practices

Statewide best management practices for poultry operations are in the manual titled Florida Poultry Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-02052, rev. 11/24), hereby adopted and incorporated by reference. Copies of the manual may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17310.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History‒New 8-25-16, Amended 2-13-25.

Fla. Admin. Code R. 5M-19.002 Presumption of Compliance

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History‒New 8-25-16, Repealed 2-13-25.

Fla. Admin. Code R. 5M-19.003 Notice of Intent to Implement Best Management Practices

An Enrollee under Florida Poultry Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices, (FDACS-P-02052, rev. 11/24), adopted by reference in Rule 5M-19.001, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History‒New 8-25-16, Amended 2-13-25.

Fla. Admin. Code R. 5M-19.004 Record Keeping

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2. FS. History‒New 8-25-16, Repealed 2-13-25.

Chapter 5M-20 Soil and Water Conservation

Fla. Admin. Code R. 5M-20.001 Definitions

(1) For the purposes of this rule, all terms shall mean the same as those terms defined in Section 582.01, F.S.

(2) “Subdivision” means one of the five areas into which each soil and water conservation district has been subdivided that match, as practicable, the boundaries of either the five county commission districts or the five school board districts when the soil and water conservation district is wholly located in one county; or as subdivided by the Department into five numbered subdivisions as nearly equal in area as practicable to ensure geographical representation when neither the boundaries of the county commission nor the school board are subdivided into five districts or the when the soil and water conservation district is comprised of multiple counties.

History

• Rulemaking Authority 570.07(23), 582.055(9) FS. Law Implemented 582.055(1), 582.055(8), 582.15(4), 582.18, 582.19 FS. History–New 1-18-23.

Fla. Admin. Code R. 5M-20.002 District Organization

(1) For the soil and water conservation districts that are wholly located in one county and that county has a county commission or school board that is divided into five subdivisions, the Department has subdivided each of these districts into five numbered subdivisions that match the boundaries of either the five county commission districts or the five school board districts within the county, as reflected and incorporated by reference in paragraph (3)(a).

(2) For the soil and water conservation districts that are located wholly located in one county and that county does not have a county commission or school board that is divided into five subdivisions, or for soil and water conservation districts that are located in multiple counties, the Department has subdivided each of the districts into five numbered subdivisions, that are nearly equal in area as practicable to ensure geographical representation within that district, as reflected and incorporated by reference in paragraph (3)(b).

(3) The Department will use the following materials in performance of its duties prescribed in law. The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Leon County Annex, 315 S. Calhoun Street, 5th Floor, Tallahassee, Florida 32301, and are available online as indicated.

(a) For Districts that are wholly located in one county and that county has a county commission or school board that is divided into five subdivisions, the district subdivisions shall be as follows:

1. Alachua District – The five subdivisions for the Alachua District shall be the same as those reflected in the map entitled “Alachua Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15056.

2. Blackwater District – The five subdivisions for the Blackwater District shall be the same as those reflected in the map entitled “Blackwater Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15057.

3. Bradford District – The five subdivisions for the Bradford District shall be the same as those reflected in the map entitled “Bradford Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15058.

4. Brevard District – The five subdivisions for the Brevard District shall be the same as those reflected in the map entitled “Brevard Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15059.

5. Charlotte District – The five subdivisions for the Charlotte District shall be the same as those reflected in the map entitled “Charlotte Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15061.

6. Choctawhatchee River District – The five subdivisions for the Choctawhatchee River District shall be the same as those reflected in the map entitled “Choctawhatchee River Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15063.

7. Clay District – The five subdivisions for the Clay District shall be the same as those reflected in the map entitled “Clay Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15064.

8. Collier District – The five subdivisions for the Collier District shall be the same as those reflected in the map entitled “Collier Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15065.

9. Dixie District – The five subdivisions for the Dixie District shall be the same as those reflected in the map entitled “Dixie Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15066.

10. Escambia District – The five subdivisions for the Escambia District shall be the same as those reflected in the map entitled “Escambia Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15013.

11. Franklin District – The five subdivisions for the Franklin District shall be the same as those reflected in the map entitled “Franklin Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15014.

12. Gadsden District – The five subdivisions for the Gadsden District shall be the same as those reflected in the map entitled “Gadsden Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15015.

13. Gilchrist District – The five subdivisions for the Gilchrist District shall be the same as those reflected in the map entitled “Gilchrist Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15016.

14. Glades District – The five subdivisions for the Glades District shall be the same as those reflected in the map entitled “Glades Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15017.

15. Hamilton District – The five subdivisions for the Hamilton District shall be the same as those reflected in the map entitled “Hamilton Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15018.

16. Hardee District – The five subdivisions for the Hardee District shall be the same as those reflected in the map entitled “Hardee Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15019.

17. Hendry District – The five subdivisions for the Hendry District shall be the same as those reflected in the map entitled “Hendry Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15020.

18. Highlands District – The five subdivisions for the Highlands District shall be the same as those reflected in the map entitled “Highlands Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15021.

19. Hillsborough District – The five subdivisions for the Hillsborough District shall be the same as those reflected in the map entitled “Hillsborough Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15022.

20. Holmes Creek District – The five subdivisions for the Holmes Creek District shall be the same as those reflected in the map entitled “Holmes Creek Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15023.

21. Indian River District – The five subdivisions for the Indian River District shall be the same as those reflected in the map entitled “Indian River Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15024.

22. Jackson District – The five subdivisions for the Jackson District shall be the same as those reflected in the map entitled “Jackson Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15025.

23. Jefferson District – The five subdivisions for the Jefferson District shall be the same as those reflected in the map entitled “Jefferson Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15026.

24. Lafayette District – The five subdivisions for the Lafayette District shall be the same as those reflected in the map entitled “Lafayette Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15027.

25. Lake District – The five subdivisions for the Lake District shall be the same as those reflected in the map entitled “Lake Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15028.

26. Leon District – The five subdivisions for the Leon District shall be the same as those reflected in the map entitled “Leon Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15029.

27. Levy District – The five subdivisions for the Levy District shall be the same as those reflected in the map entitled “Levy Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15030.

28. Madison District – The five subdivisions for the Madison District shall be the same as those reflected in the map entitled “Madison Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15031.

29. Manatee River District – The five subdivisions for the Manatee River District shall be the same as those reflected in the map entitled “Manatee River Soil & Water Conservation District Subdivision Map,” effective 12/2022. The five subdivisions reflect Districts 1 through 5, as Districts 6 and District 7 are at-large positions representing all of Manatee County, http://www.flrules.org/Gateway/reference.asp?No=Ref-15032.

30. Marion District – The five subdivisions for the Marion District shall be the same as those reflected in the map entitled “Marion Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15033.

31. Nassau District – The five subdivisions for the Nassau District shall be the same as those reflected in the map entitled “Nassau Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15034.

32. Okeechobee District – The five subdivisions for the Okeechobee District shall be the same as those reflected in the map entitled “Okeechobee Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15035.

33. Orange Hill District – The five subdivisions for the Orange Hill District shall be the same as those reflected in the map entitled “Orange Hill Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15036.

34. Osceola District – The five subdivisions for the Osceola District shall be the same as those reflected in the map entitled “Osceola Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15038.

35. Peace River District – The five subdivisions for the Peace River District shall be the same as those reflected in the map entitled “Peace River Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15040.

36. Putnam District – The five subdivisions for the Putnam District shall be the same as those reflected in the map entitled “Putnam Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15042.

37. St. Johns District – The five subdivisions for the St. Johns District shall be the same as those reflected in the map entitled “St. Johns Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15067.

38. St. Lucie District – The five subdivisions for the St. Lucie District shall be the same as those reflected in the map entitled “St. Lucie Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15047.

39. Santa Fe District – The five subdivisions for the Santa Fe District shall be the same as those reflected in the map entitled “Santa Fe Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15043.

40. Sarasota District – The five subdivisions for the Sarasota District shall be the same as those reflected in the map entitled “Sarasota Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15044.

41. Seminole District – The five subdivisions for the Seminole District shall be the same as those reflected in the map entitled “Seminole Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15045.

42. Sumter District – The five subdivisions for the Sumter District shall be the same as those reflected in the map entitled “Sumter Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15048.

43. Suwannee District – The five subdivisions for the Suwannee District shall be the same as those reflected in the map entitled “Suwannee Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15049.

44. Tupelo District – The five subdivisions for the Tupelo District shall be the same as those reflected in the map entitled “Tupelo Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15051.

45. Union District – The five subdivisions for the Union District shall be the same as those reflected in the map entitled “Union Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15052.

46. Volusia District – The five subdivisions for the Volusia District shall be the same as those reflected in the map entitled, “Volusia Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15053.

47. Wakulla District – The five subdivisions for the Wakulla District shall be the same as those reflected in the map entitled “Wakulla Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15054.

48. Yellow River District – The five subdivisions for the Yellow River District shall be the same as those reflected in the map entitled, “Yellow River Soil & Water Conservation District Subdivision Map,” effective 12/2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-15055.

(b) For Districts that are wholly located in one county and that county does not has a commission or school board that is divided into five subdivisions and for Districts that are located in multiple counties, the district subdivisions shall be as follows:

1. Broward District – The five subdivisions for in the Broward District shall be the same as those reflected in the map entitled “Broward Soil & Water Conservation District Subdivision Map,” effective 12/2022, prepared by the Department, http://www.flrules.org/Gateway/reference.asp?No=Ref-15060.

2. Chipola River District – The five subdivisions for the Chipola River District shall be the same as those reflected in the map entitled “Chipola Soil & Water Conservation District Subdivision Map,” effective 12/2022, prepared by the Department, http://www.flrules.org/Gateway/reference.asp?No=Ref-15062.

3. Duval District – The five subdivisions for the Duval District shall be the same as those reflected in the map entitled “Duval Soil & Water Conservation District Subdivision Map,” effective 12/2022, prepared by the Department, http://www.flrules.org/Gateway/reference.asp?No=Ref-15012.

4. Orange District – The five subdivisions for the Orange District shall be the same as those reflected in the map entitled “Orange Soil & Water Conservation District Subdivision Map,” effective 2/2024, prepared by the Department, http://www.flrules.org/Gateway/reference.asp?No=Ref-16591.

5. Palm Beach District – The five subdivisions for the Palm Beach District shall be the same as those reflected in the map entitled “Palm Beach Soil & Water Conservation District Subdivision Map,” effective 12/2022, prepared by the Department, http://www.flrules.org/Gateway/reference.asp?No=Ref-15039.

6. South Miami-Dade – The five subdivisions for the South Miami-Dade District shall be the same as those reflected in the map entitled “South Dade Soil & Water Conservation District Subdivision Map,” effective 12/2022, prepared by the Department, http://www.flrules.org/Gateway/reference.asp?No=Ref-15046.

(4) The following procedures apply to the election of supervisors of soil and water conservation districts subdivided by the department pursuant to subsection (3).

(a) Qualifications. To qualify to serve on the governing body of the district, a supervisor must meet the criteria set forth in Section 582.19, F.S.

(b) Tenure.

1. Pursuant to Section 7., Chapter 2022-191, Laws of Florida, District governing body seats 1, 3, and 5, which have terms that initially expired in January 2025 or 2027, as applicable depending on the year in which the district was formed, shall represent district subdivisions 1, 3, and 5, respectively. Such seats shall be filled for a term of 4 years.

2. Pursuant to Section 7., Chapter 2022-191, Laws of Florida, District governing body seats 2 and 4, which have terms that initially expired in January 2025 or 2027, as applicable depending on the year in which the district was formed, shall represent district subdivisions 2 and 4, respectively. Such seats shall be filled for a term of 2 years in the election cycle of 2022 in order to achieve staggered terms; thereafter, any such seats shall be filled for a term of 4 years as provided under Section 582.19, F.S.

History

• Rulemaking Authority 570.07(23), 582.055(9) FS. Law Implemented 582.055(1), 582.055(8), 582.15(4), 582.18, 582.19 FS. History–New 1-18-23, Amended 6-13-24.

Chapter 5M-21 Best Management Practices for Florida Small Farms and Specialty Livestock Operations

Fla. Admin. Code R. 5M-21.001 Approved Best Management Practices

Statewide best management practices for small farms and specialty livestock operations are in the manual titled Florida Small Farms and Specialty Livestock Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-02223), hereby adopted and incorporated by reference. Copies of the document may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida, 32399 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17347.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History‒New 2-23-25.

Fla. Admin. Code R. 5M-21.002 Notice of Intent to Implement Best Management Practices

A landowner or producer enrolled under the Florida Small Farms and Specialty Livestock Operations, 2024 Edition: Water Quality and Water Quantity Best Management Practices (FDACS-P-02223), as incorporated by reference in Rule 5M-21.001, F.A.C., is also subject to the requirements of Chapter 5M-1, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c., 403.067(7)(d)3. FS. History–New 2-23-25.

Division 5C Division of Animal Industry

Chapter 5C-3 IMPORTATION OF ANIMALS

Fla. Admin. Code R. 5C-3.001 Definitions

For the purpose of this chapter, the definitions in Section 585.01, F.S., and the following shall apply:

(1) Accredited Tuberculosis-Free Herd. A herd designated by the State Animal Health Official that meets the requirements of the Bovine Tuberculosis Eradication Uniform Methods and Rules, APHIS 91-45-011, as incorporated in subsection 5C-3.004(3), F.A.C. Sheep or goats must originate from a herd or flock that meets one of the options set forth in Subparts 3.a.-3.e., of Section 8, Animal Health, Grade “A” Pasteurized Milk Ordinance (2023), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17207.

(2) Accredited Tuberculosis-Free State or Zone. A state or zone that has met the requirements set forth in the Bovine Tuberculosis Eradication Uniform Methods and Rules, APHIS 91-45-011, as incorporated in subsection 5C-3.004(3), F.A.C., and has been designated by the USDA as a Bovine Tuberculosis Accredited-Free State or Zone.

(3) Accredited Veterinarian. A state licensed veterinarian accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) to perform certain functions of federal and cooperative state-federal programs in accordance with the provisions of 9 C.F.R. 161.1 (JAN 2024), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17214.

(4) Administrator. The Administrator of USDA, APHIS or any person authorized to act for the Administrator.

(5) Approved Livestock Facility. A stockyard, livestock market, buying station, concentration point, or any other premises under State or Federal veterinary supervision where Livestock are assembled and that has been approved under 9 C.F.R. §71.20 (2018). 9 C.F.R. §71.20 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10862.

(6) Approved Tagging Site. A site or location specifically approved by the Department in accordance with Chapter 5C-31, F.A.C., to apply Official Individual Identification to cattle.

(7) Avian Influenza (AI) or Exotic Newcastle Disease (END) – Affected State. Any state in which AI subtypes H5 or H7 or END virus has been diagnosed in poultry within the last ninety (90) days prior to importation into Florida.

(8) Avian Influenza (AI) Approved Test. Antibody or antigen capture methodologies recognized by the National Poultry Improvement Plan (NPIP) and conducted at a laboratory approved to conduct such tests by USDA, APHIS.

(9) Certified Brucellosis-Free State or Area. A state or area that meets the requirements of Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C.

(10) Certified Brucellosis-Free Herd. A designated herd that meets the requirements of Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C. Sheep or goats must originate from a herd or flock that meets one of the options set forth in Subparts 3.a.-3.e., of Section 8, Animal Health, Grade “A” Pasteurized Milk Ordinance (2023), which is incorporated by reference in subsection 5C-3.001(1), F.A.C.

(11) Classified Brucellosis-Class A State or Area. A State or area which meets standards for classification as a Class A State or area as specified in Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C., and is certified as such on initial classification or on reclassification by the State animal health official and the USDA.

(12) Cervidae Herd Health Plan. A Florida Department of Agriculture and Consumer Services (FDACS) disease surveillance plan for Cervids as defined and required in Chapter 5C-26, F.A.C.

(13) Cervids. Any farmed or captive member of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and related species that are raised or maintained in captivity for the production of meat and other agricultural products, for sport, or for exhibition.

(14) Cleaned and Disinfected. Free of organic matter and disinfected in accordance with 9 C.F.R. §§71.7 and 71.10-71.12 (2018). 9 C.F.R. §§71.7 and 71.10-71.12 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10863.

(15) Commuter Herd. A herd of cattle moved interstate during the course of normal livestock management operations without a change of ownership or comingling of cattle of different ownership directly between two premises, as provided in a commuter herd agreement. The Commuter Herd participating states are Alabama, Florida, Georgia, and Mississippi.

(16) Competitive Enzyme-linked Immunosorbent Assay (cELISA). A test that uses antibodies and color change to identify and quantify total antibodies in a sample.

(17) Department. The Florida Department of Agriculture and Consumer Services.

(18) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(19) Domestic Fowl. Any member of the class Aves that is propagated or maintained under control of a person for commercial, exhibition or breeding purposes, or as pets.

(20) Electronic Equine Infectious Anemia (EIA) Form (A.K.A. Coggins Form). An electronic version of a USDA, APHIS and Department approved EIA form which must be complete, legible, and accurate with a detailed description of the equine that the test record represents, including the breed registration number or registry tattoo, when applicable; the name of the equine; the age, breed, sex and color; all other distinctive markings, including markings on the legs and face, color patterns, body brands, scars, whorls and blemishes, and digital images of the Equine. The digital images must consist of three (3) color images to include a full view of both sides of the Equine and the face from above the ears to below the muzzle.

(21) Emergency Management Response Services (EMRS). A USDA, APHIS, web-based application for authorized users in the reporting of routine investigations of foreign animal diseases (FAD), surveillance and control programs, state specific disease outbreaks, and national animal health emergency responses (all-hazards).

(22) Endemic Disease. A disease will be characterized as an Endemic Disease in a particular locality, region, state, or U.S. possession based on known positive cases, prevalence of the disease, presence of competent vectors and/or evidence of natural transmission of the disease such that the disease is maintained in the population without external inputs.

(23) Equine. Any member of the family Equidae, including horses, mules, asses, and zebras.

(24) Equine Event Extension. A document accompanied by the original Official Certificate of Veterinary Inspection (OCVI), valid for six (6) months from the date of issuance, and proof of a negative EIA test within the previous twelve (12) months, is accepted by participating states for interstate movement.

(25) Equine Infectious Anemia (EIA). A viral disease of horses, commonly known as swamp fever, which is infectious and is spread primarily by bloodsucking insects. Transmission can also occur through transfer of infected blood by fomites, such as contaminated hypodermic needles and other instruments.

(26) Exotic (virulent) Newcastle Disease (END) Approved Test. Antigen capture methodologies recognized by the National Animal Health Laboratory Network (NAHLN) and conducted at a laboratory approved to conduct such tests by the USDA, APHIS.

(27) Feeder Swine. A weaned gilt or barrow weighing forty (40) – eighty (80) pounds at six (6) – eight (8) weeks of age that is sold to be finished for slaughter.

(28) Feral Swine. Swine that have lived all (wild) or any part (feral) of their lives as free-roaming. This definition does not include those exotic swine maintained by a zoo or aquarium accredited by the Association of Zoos & Aquariums.

(29) Import, Imported, Importation. The movement of animals into Florida, from another state, United States (U.S.).

(29) Lagomorph. Any member of the taxonomic order Lagomorpha.

(30) National Poultry Improvement Plan (NPIP). A cooperative state-federal-industry program for prevention and control of certain hatchery-disseminated diseases and for improvement of Poultry and Poultry Products as provided in 9 C.F.R. §§145-147 (2018). 9 C.F.R. §§145-147 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10899.

(32) Official Certificate of Veterinary Inspection (OCVI). A legible record or certificate made on an official form approved by the animal’s state of origin, issued and signed by a veterinarian licensed and accredited in the animal’s state of origin for the purpose of certifying the Official Individual Identification, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

(33) Official Individual Identification. A numbering system for the official identification of individual Animals in the United States that provides a national unique identification number for each Animal. Forms of approved Official Individual Identification for species specified in the Code of Federal Regulations (CFR), are as follows:

(a) Cattle and bison, as referenced in 9 C.F.R. § 86.4, (JAN 2024) which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17218.

(b) Equine, as referenced in 9 C.F.R. § 86.4, which is incorporated by reference in paragraph (33)(a) of this rule.

(c) Sheep and goats must conform to the identification guidelines of the USDA, APHIS Scrapie Program Standards Volume 1: National Scrapie Eradication Program, APHIS 91-55-079, April 2019, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17221. Sheep and goats must also conform to the identification guidelines of USDA, APHIS Scrapie Program Standards Volume 2: Scrapie Free Flock Certification Program (SFCP) May 2016, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17224.

Approved methods of identification include:

1. Official USDA-APHIS-VS Scrapie eartags;

2. Premises identification tattoos (must be legible and contain the flock number and unique animal number. The flock number is assigned by the USDA, APHIS and is required to be on the OCVI);

3. Official breed registry tattoos (must be accompanied by either the official breed registration certificate or an OCVI that includes the corresponding official registration number); or

4. Electronic microchip/implant (must be accompanied by owner statement of ID numbers, chip manufacturer, chip reader for verification of placement and the USDA flock number recorded on the OCVI) when the breed registry allows for electronic implant identification, as recorded on a registration certificate.

(d) Swine, as referenced in 9 C.F.R. § 71.19, (JAN 2024) which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17227.

(34) Owner-Shipper Statement. Any document signed by the owner or shipper as evidence of ownership or authority for possession of and for the transport of animals. Information required on the Owner-Shipper Statement is listed in subsection 5C-3.002(2), F.A.C.

(35) Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89). A permit issued by an employee of the state or federal government, or a licensed veterinarian accredited by the USDA, who is authorized to conduct animal disease control and eradication activities, prior to the interstate shipment of animals infected or exposed to dangerous transmissible regulated diseases, which shall include:

(a) The number of animals to be moved;

(b) The purpose for which the animals are to be moved;

(c) The points of origin and destination; and,

(d) The consignor and consignee.

Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10865.

(36) Poultry. Chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites and waterfowl. The term also includes other Domestic Fowl used for commercial, exhibition or breeding purposes, or as pets.

(37) Poultry and Eggs for Hatching Purposes. A specific designation of those species of Domestic Fowl and the qualified eggs produced by these fowl that are eligible for testing and qualification under the supervision of the National Poultry Improvement Plan (NPIP). This term is also referred to as Eggs for Hatching Purposes.

(38) Poultry Products. Hatching eggs, chicks, poults, litter, and offal, but not table eggs or processed poultry for human consumption.

(39) Premises. A location where animals are housed or kept.

(40) Premises Identification Number. A nationally unique number assigned by a state, tribal, and/or federal animal health authority to a Premises that is, in the judgment of such state, tribal, and/or federal animal health authority, a geographically distinct location from other Premises.

(41) Prior Permission Number. Specific permission granted by the State Veterinarian or Division representative prior to movement of certain animals and Poultry into Florida. A Prior Permission Number will be granted when the Division determines that the animal(s) meets the requirements of this chapter. When prior permission is required by this chapter, the Prior Permission Number must be written on the OCVI or on the Owner-Shipper Statement accompanying the animal(s). Such prior permission may be either written permission or issuance of a permission number requested by telephone, facsimile message, or email. A Prior Permission Number may be obtained by calling, faxing, or emailing the Division of Animal Industry during normal business hours.

Phone: (850)410-0900

Fax: (850)410-0946

Email: AnimalPermits@FDACS.gov.

(42) Pullorum-Typhoid (PT) Approved Test. Antibody or antigen capture methodologies recognized by the NPIP and conducted at a laboratory approved to conduct such tests by USDA, APHIS. The NPIP number of a registered flock will be recorded on this form titled, Poultry Testing, FDACS-09123, Rev. 09/17. Poultry Testing, FDACS-09123, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10866. The test results of Non-NPIP registered flocks will be documented on Poulty Testing, FDACS-09123, Rev. 09/17.

(43) Quarantine. Strict isolation on animals or premises or other defined geographic areas, to prevent the spread of diseases or pests.

(44) Rabbit Hemorrhagic Disease (RHD). A highly fatal hemorrhagic disease of rabbits and other lagomorphs caused by viruses in the family Caliciviridae, including Rabbit Hemorrhagic Disease Virus and Rabbit Hemorrhagic Disease Virus 2.

(45) Racing Pigeon. Racing Pigeons are homing pigeons used to race. The homing pigeon is a variety of domestic pigeon (Columba livia domestica) derived from the rock pigeon, selectively bred to find its way home over extremely long distances.

(46) Recognized Slaughtering Establishment. An animal slaughtering establishment regulated by the Federal Meat Inspection Act (21 U.S.C. §§601-695), or an equivalent in the animal’s state of origin state meat inspection program or those establishments that are exempt from the Federal Meat Inspection Act pursuant to 9 C.F.R. § 303.1(a).

(47) Restricted Animals. Animals that are quarantined, infected with, or exposed to any infectious or communicable disease.

(48) Service Animal. A dog or minature horse as defined and limited in Sections 413.08(2)-(4), F.S.

(49) State Veterinarian. The Director of the Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(50) Transitional Swine. Swine that have been, or have potentially been, exposed to Feral Swine.

(51) Triple Trunk Wash (TW) Culture. A direct test designed to detect viable Mycobacterium tuberculosis (Mtb) organisms via culture of material obtained from an elephant trunk wash. The recommended routine Mtb monitoring is an annual triple mycobacterial trunk wash culture. Each testing event should consist of three (3) independent collections on three (3) days within a one (1) week period. It is recommended that food and water be witheld from elephants for two (2) hours before the TW is performed to help minimize the contamination of the TW sample.

(52) Trichomoniasis Approved Test. Testing utilizing polymerase chain reaction (PCR) analysis performed on bovine preputial wash samples submitted by a Category II Accredited Veterinarian to an American Association of Veterinary Laboratory Diagnostics (AAVLD) accredited laboratory in accordance with protocols provided by the laboratory and consistent with national standards.

(53) USDA, APHIS. The United States Department of Agriculture, Animal and Plant Health Inspection Services.

(54) Vesicular Stomatitis (VS)-Affected State. Any state in which either of the VS virus serotypes New Jersey or Indiana have been diagnosed and one or more Premises is currently under state or USDA, APHIS quarantine.

(55) Working Dogs. Any dog in the possession of a federal, military, state or local governmental agency or private organization that is trained for the purpose of human search and rescue, body recovery, arson detection, bomb detection, narcotics detection, food and agricultural product detection, criminal apprehension, police assistance or other related purposes, whether in the performance of such tasks or while traveling to and from such tasks.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.11(1), (4), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.01, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 2-19-14, 2-8-16, 8-19-19, 1-31-21, 12-5-24.

Fla. Admin. Code R. 5C-3.002 General Requirements and Limitations

(1) Official Certificate of Veterinary Inspection (OCVI) Required. Animals Imported into Florida must be accompanied by an OCVI unless exempted by this rule. The OCVI must be in the possession of the driver of the vehicle or person otherwise in charge of the animals. The OCVI must accompany the animals to their final destinations in Florida.

(a) Information Required. The OCVI must be legible and fully completed by the issuing Accredited Veterinarian and must include the following:

1. The name and address of the consignor;

2. The name and address of the consignee;

3. The physical address and Premises Identification Number of the point of origin, if assigned by state officials in the animal’s state of origin. If a Premises Identification Number is assigned by Florida state officials, it will be documented on an Application For Premises Registration, FDACS-09215, Rev. 05/13. as incorporated by reference in Rule 5C-31.006, F.A.C.

4. The physical address of the point of destination;

5. The date of examination;

6. The number of animals examined;

7. The Official Individual Identification of each animal, and the name or registered brand or tattoo number;

8. The sex, age, and breed of each identified animal;

9. Test results and herd or state status on certain diseases as specified in this chapter;

10. Prior Permission Number, if required in paragraphs 5C-3.002(3)(a)-(d), F.A.C.;

11. A statement by the issuing veterinarian that the animals identified on the OCVI are free of signs of infectious or communicable disease; and

12. In addition to the above, for Equine only, the establishment or Premises location at which the animal was examined, body temperature at examination, and a description sufficient to identify the individual Equine including name, sex, breed, color, markings, and unique and permanent forms of identification when present (e.g. brands, tattoos, scars, cowlicks, blemishes, or biometeric measurements).

(b) Division Notification. A copy of the OCVI must be forwarded, by the issuing Accredited Veterinarian, within seven (7) calendar days of issuance for all Livestock and Poultry, including Equines, and within thirty (30) days of issuance for all non-livestock species to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800.

(c) OCVI Notification. The OCVI will be void thirty (30) days from the date of inspection/issuance, with the exception that an OCVI may be valid less than thirty (30) days as provided in subsections 5C-3.002(5) and 5C-3.003(4), F.A.C., or extended as provided in subsection 5C-3.003(5), F.A.C.

(2) Owner-Shipper Statement. Animals which are not required to be accompanied by an OCVI for Importation, as exempted by this chapter, must be accompanied by an Owner-Shipper Statement signed by the owner or agent as evidence of ownership or authority for possession of the transported animals. This document must disclose:

(a) The name and address of the consignor;

(b) The name and address of the consignee;

(c) The physical address of the point of origin;

(d) The physical address of the point of destination;

(e) The number of animals covered by the statement;

(f) A description of the animals and Official Individual Identification as required by subsection 5C-3.002(1), F.A.C., or other identification sufficient to identify them for any and all purposes; and

(g) A Prior Permission Number, if required by this chapter.

(3) Prior Permission Number. A Prior Permission Number is required for:

(a) All farmed or captive Cervids;

(b) All hoofed animals from VS-Affected States;

(c) Equines from Contagious Equine Metritis (CEM) affected countries;

(d) Equines consigned directly to a veterinary medical treatment facility for emergency medical care which do not have appropriate documentation for interstate movement;

(e) Poultry and Poultry Products requiring a Prior Permission Number in accordance with paragraphs 5C-3.012(2)(a)-(f), F.A.C.;

(f) Animals exposed to or infected with a contagious, infectious, communicable, or dangerous transmissible disease;

(g) Cattle or bison from states with less than Accredited Tuberculosis-Free or Brucellosis Class-Free status; pursuant to 9 CFR §§77 and 78.

(h) All swine; and

(i) Equines Imported from U.S. possessions where Equine Piroplasmosis (EP) is endemic.

(4) Restricted Animals. All Restricted Animals must be accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) as adopted by reference in Rule 5C-3.001, F.A.C., permit, have a Prior Permission Number, and the Prior Permission Number must be written on the Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) for Importation into Florida or to be transported within Florida.

(5) Vesicular Stomatitis.

(a) Certification for Vesicular Stomatitis (VS).

1. All hoofed animals, including horses, ruminants, swine, exotic, and wild hoofed animals, not originating from a Premises within ten (10) miles of an affected Premises in a VS-Affected State must be accompanied by an OCVI, dated within five (5) days of entry or reentry into Florida. The OCVI must be signed by an Accredited Veterinarian.

2. The following statement must be written on the OCVI by the examining Accredited Veterinarian: “All animals susceptible to Vesicular Stomatitis (VS) identified and included in this OCVI for shipment have been examined and found to be free from clinical signs and vectors of VS, have not been in contact with VS-affected animals, and have not been within ten (10) miles of a VS-affected Premises within the last thirty (30) days.”

(b) Prior Permission Number. Animals originating from non-affected Premises in a VS-affected state will require a Prior Permission Number. The Prior Permission Number must be written on the OCVI.

(6) Violations. Violators of this rule chapter will be penalized in accordance with Rule 5C-30.003, F.A.C.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.11(1), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.02, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 8-19-19.

Fla. Admin. Code R. 5C-3.003 Equine

(1) Official Certificate of Veterinary Inspection (OCVI) Required. The OCVI must list the description sufficient to identify the individual Equine including name, age, breed, color, gender, distinctive markings, and unique and permanent forms of identification when present (eg. Brands, tattoos, scars, cowlicks, or blemishes), and temperature at the time of exam. An OCVI must accompany all Equines Imported into Florida, except the following:

(a) Equines consigned directly to a veterinary medical treatment facility for emergency medical care until treatment is completed and the Equine exits the state; or

(b) Equines accompanied by an Equine Event Extension document, Equine Interstate Passport Card, or equivalent from the animal’s state of origin, signed by the State Veterinarian or chief animal health official as provided in subsection 5C-3.003(5), F.A.C.

(2) Prior Permission Number. A Prior Permission Number must be obtained for:

(a) Equines consigned directly to a veterinary medical treatment facility for emergency medical care which do not have appropriate documentation for interstate movement;

(b) Equines Imported into Florida from areas within the United States or foreign countries, where Equine Piroplasmosis (EP) is endemic; or

(c) Equines Imported into Florida from countries where Contagious Equine Metritis (CEM) is endemic; or

(d) Equines Imported into Florida from non-affected Premises in VS-Affected States.

(3) Equine Infectious Anemia (EIA) Test.

(a) All Equines Imported into Florida must be accompanied by evidence of an official negative EIA serologic test as provided in the Equine Infectious Anemia: Uniform Methods and Rules, APHIS 91-55-064, January 10, 2007, completed within twelve (12) months prior to Importation. Equine Infectious Anemia: Uniform Methods and Rules, APHIS 91-55-064, January 10, 2007 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10867. The following are exempt from the EIA Serologic testing requirement:

1. Foals under six (6) months of age accompanied by their dam which has met the EIA test requirements; and

2. Equines exempted from the OCVI requirement under paragraph 5C-3.003(1)(a), F.A.C.

(b) The EIA test information must be recorded on the OCVI, the Equine Event Extension document, the Equine Interstate Passport Card, or equivalent from the animal’s state of origin as provided in subsection 5C-3.003(5), F.A.C., approved by the State Veterinarian or chief animal health official, and must include the following:

1. The date the EIA test sample was collected;

2. The result of the test;

3. The name of the testing laboratory; and

4. The laboratory accession number.

(4) Equine Piroplasmosis Requirements.

(a) The Commonwealth of Puerto Rico and the Virgin Islands of the United States have been determined to be endemic for Equine Piroplasmosis (EP) and Equines moved from these areas to Florida are subject to the requirements of paragraphs 5C-3.003(2)(b) and (4)(b), (c) and (d), F.A.C. Pursuant to Section 585.14, F.S., the Division of Animal Industry, under the direction of the State Veterinarian, shall publish notice of other localities, regions, states, or U.S. possessions, where Equine Piroplasmosis (EP) is determined to be endemic on its website (www.FreshFromFlorida.com/Divisions-Offices/Animal-Industry) and in the Florida Administrative Register as necessary.

(b) Official Certificate of Veterinary Inspection (OCVI). Notwithstanding paragraph 5C-3.002(1)(c), F.A.C., for Equines from localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic, the inspection date of the OCVI that must accompany Equines Imported into or through the State of Florida shall be issued no more than fourteen (14) days prior to the entry of the Equine into the state. The OCVI must also include the following statement: “No animals identified on this certificate have not been on a Premises found positive for Theileria equi (Babesia Equi) or Babesia caballi or under quarantine within the past thirty (30) days. All animals identified on this certificate have been inspected and found free of ticks, and have been thoroughly treated with an approved acaricide labeled for use in Equine within fourteen (14) days of entry.”

(c) Testing. All Equines Imported into Florida from localities, regions, states or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic must be accompanied by evidence of a negative Competitive Enzyme-linked Immunosorbent Assay (cELISA) test for both Babesia caballi and Theileria equi (Babesia equi), performed at the USDA, APHIS National Veterinary Services Laboratories (NVSL) or other laboratory authorized by the USDA, APHIS, NVSL. The blood sample for the test must be taken within thirty (30) days prior to entry into Florida. The result and accession number must be listed on the OCVI.

(d) Tick Vectors. All Equines identified on the OCVI as originating from localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic must be examined for, and found free of, ticks and must be thoroughly treated for ticks with a United States Environmental Protection Agency (EPA) registered acaricide labeled for use in horses.

(e) Exemption. Equines from Florida consigned to localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic that are returned to Florida within thirty (30) days of the issuance of the Florida OCVI are exempt from the requirements of this rule.

(5) Equine Event Extension, FDACS-09051 Rev. 03/06 is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10868 or Equine Interstate Passport Card. Equine Interstate Passport Card FDACS-09207 Rev. 08/18 is herby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10869. Equine Event Extension document, or Equine Interstate Passport Card, or equivalent from the animal’s state of origin, when used in place of an OCVI, must certify the existence of an official negative EIA test within the previous twelve (12) months and a valid OCVI. The Equine Event Extension document, Equine Interstate Passport Card, or equivalent from the animal’s state of origin, will be valid for up to six (6) months from date of issuance of the OCVI provided that:

(a) The purpose is to allow routine intrastate and interstate movement of Equines to attend events such as horse shows or exhibitions, fairs, and trail rides. These documents may not be used for movement of Equines for breeding purposes or change of ownership.

(b) The Equine Event Extension document or Equine Interstate Passport Card, or equivalent from the animal’s state of origin shall include all other information required by subsections 5C-3.002(1) and 5C-3.003(3), F.A.C.;

(c) The Equine Event Extension document or Equine Interstate Passport Card, or equivalent of the animal’s state of origin expiration date will not be later than the expiration date of the EIA test or six (6) months from date of issue of the OCVI.

(d) An Equine Event Extension document or Equine Interstate Passport Card or equivalent from the animal’s state of origin, does not supersede or replace the requirements of any given event; and

(e) An Equine Event Extension document, or Equine Interstate Passport Card, may be applied for by owners of Florida-origin horses, by submitting an Application for Equine Event Extension, FDACS-09078 Rev. 09/17 or an Application for Equine Interstate Passport Card, FDACS-09219 Rev. 12/09, to: Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Mayo Building, Tallahassee, Florida 32399-0800, or by Fax at (850)410-0949. Application for Equine Event Extension, FDACS-09078 Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10870.

Application for Equine Interstate Passport Card, FDACS-09219 Rev. 12/09 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10871. Applications may be obtained from: Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800, or by Fax at (850)410-0949.

(6) Brucellosis. Equines which are positive to a brucellosis test or which show evidence of “poll evil” or “fistulous withers,” whether draining or not, will not be allowed to enter the state for any purpose.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.002(5), 585.08(1), (2)(a), 585.14, 585.145(1), (2), 585.16 FS. History–New 11-21-65, Amended 6-26-66, 3-1-72, 10-15-73, 3-17-76, 9-14-82, 2-5-85, Formerly 5C-3.03, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 8-19-19.

Fla. Admin. Code R. 5C-3.004 Cattle or Bison

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All cattle or bison Imported into Florida must be accompanied by an OCVI, except the following, which must be accompanied by an Owner-Shipper Statement as provided in subsection 5C-3.002(2), F.A.C.:

(a) Cattle or bison consigned directly to an Approved Livestock Facility;

(b) Cattle or bison consigned directly to Recognized Slaughtering Establishments;

(c) Cattle moving directly to an Approved Tagging Site and returning to the out of state Premises of origin;

(d) Cattle moving under a Commuter Herd Agreement;

(e) Cattle moving from an Approved Livestock Facility in Georgia, Alabama, or Mississippi and moving directly to Florida, accompanied by an approved state of origin Permit for Interstate Movement from a USDA Approved Livestock Facility; and

(2) Official Individual Identification. The OCVI must list the individual animal identification unless exempted by this rule. The Official Individual Identification requirements for cattle include:

(a) Identification that complies with 9 C.F.R. §86.4(a)(1) (2013), as incorporated in Rule 5C-31.006, F.A.C.; or

(b) Tattoos and registered brands such as ear breed registration tattoos when accompanied by breed registration papers or an official breed registration brand when accompanied by a breed registration certificate; or

(c) Is submitted to and verified by the Department as meeting the requirements for Official Individual Indentifications such that state officials can determine the herd in which the animal was officially identified.

(d) Animals exempt from the Official Identification requirements are:

1. Beef cattle less than eighteen (18) months of age, unless consigned to exhibition or rodeo;

2. Cattle consigned directly to an Approved Tagging Site;

3. Cattle consigned directly to an Approved Livestock Facility;

4. Cattle consigned directly to Recognized Slaughtering Establishments; or

5. Cattle moving under an approved Commuter Herd Agreement and Owner-Shipper Statement.

(3) Other Requirements and Limitations.

(a) Cattle or bison infected with or exposed to tuberculosis or brucellosis or which are positive to an organism detection test for paratuberculosis (Johne’s Disease) may be Imported only if consigned directly to a Recognized Slaughtering Establishment. Such animals must be accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) and must have a Prior Permission Number. The Prior Permission Number must be written on the Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89).

(b) Permit for Interstate Movement from USDA Approved Livestock Facility, FDACS-09158 Rev. 04/18, or equivalent form approved by the state of origin, can be issued by an Approved Livestock Facility as a valid interstate movement document for cattle moving between Florida, Alabama, Georgia, or Mississippi. Permit for Interstate Movement from USDA Approved Livestock Facility, FDACS-09158 Rev. 04/18 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10872. For cattle orginating at an Approved Livestock Facility in Florida, this form must be completed fully and legibly. Within seven (7) days of sale, a copy of the form must be submitted, to: Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Cattle Programs Office, 2232 North East Jacksonville Road, Ocala, Florida 34470; and by Fax at (352)620-7212; and by Email at CattleForms@FreshFromFlorida.com. This form must include the following information:

1. Name of the Approved Livestock Facility;

2. State of destination;

3. Date of sale;

4. Purchaser and phone number;

5. Complete physical location of destination including contact phone number;

6. Animal description including USDA backtag number or lot number. If no backtag was applied, age, sex, breed (to include designation as dairy or beef cattle), invoice number, and Official Identification, unless specifically exempt below:

a. Cattle moving directly to slaughter are exempt from Official Identification requirement. Backtag information need not be listed on the Permit for Interstate Movement from a USDA Approved Livestock Facility, FDACS-09158 Rev. 04/18 if provided on the invoice and the invoice is attached.

b. Beef cattle less than eighteen (18) months of age are exempt from the Official Identification requirement.

(c) Commuter Herd Agreement is an official document issued by participating states, which is used in lieu of an Official Certficate of Veterinary Insection (OCVI). All Official Individual Identification requirements and interstate disease testing requirements must be met. A Commuter Herd Agreement must be applied for by owners of Florida-origin cattle by submitting a completed Commuter Herd Agreement FDACS-09264 Rev. 06/19 to: Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Cattle Programs Office, 2232 North East Jacksonville Road, Ocala, Florida 34470; Fax: (352)620-7212; Email: CattleForms@FreshFromFlorida.com. Commuter Herd Agreement FDACS-09264 Rev. 06/19 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10873.

(d) Testing Requirements.

1. Tuberculosis Test.

a. Dairy cattle, six (6) months of age or older, which originate from accredited tuberculosis-free herds in tuberculosis-free states or areas, may enter Florida without tuberculosis testing. The herd accreditation number and state or area status and date of last negative herd test within the previous twelve (12) months must be listed on the OCVI.

b. Dairy cattle moved into Florida from adjacent states as part of normal ranching or farm operations between Premises under common ownership or management are exempt from the tuberculosis testing requirements of this section if:

(I) They are moved from a closed herd or a herd which requires herd additions to be tested for tuberculosis prior to entry into the herd; and

(II) There is no change of ownership of the animals and the movement between Premises does not exceed 50 miles.

c. Beef cattle or bison, six (6) months of age or older, which originate from an accredited tuberculosis-free herd or tuberculosis-free state or area may enter Florida without tuberculosis testing. The accredited tuberculosis-free herd number and the date of the last negative herd test within the previous twelve (12) months or the tuberculosis-free state or area status must be written on the OCVI.

d. All other dairy and beef cattle or bison, six (6) months of age or older, which are not otherwise exempt from negative tuberculosis test requirements, must test negative to an official tuberculosis test, as provided in the Bovine Tuberculosis Eradication, Uniform Methods and Rules, APHIS 91-45-011, Effective January 1, 2005, within sixty (60) days prior to entry into Florida. Bovine Tuberculosis Eradication Uniform Methods and Rules, APHIS 91-45-011, Effective January 1, 2005 is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10877. The test date and negative tuberculin test results must be recorded on the OCVI.

e. Rodeo Bulls or Roping Steers.

(I) Rodeo bulls or roping steers, six (6) months of age or older, performing in rodeo events must have a negative test for tuberculosis within twelve (12) months prior to being Imported into Florida.

(II) Rodeo bulls, six (6) months of age or older, Imported for purposes other than performing in rodeo events must meet the requirements of sub-subparagraph 5C-3.004(3)(b)1.c. or d., F.A.C.

f. All cattle or bison consigned directly to a recognized slaughtering establishment may enter Florida without tuberculosis testing.

2. Brucellosis Test.

a. A brucellosis test is not required for dairy and beef cattle or bison for Importation into Florida provided that the animals:

(I) Originate from a Brucellosis Class-Free State or Area;

(II) Originate from a Certified Brucellosis Free Herd. The herd certification number and date of the last negative herd test within the previous twelve (12) months must be listed on the OCVI;

(III) Are official brucellosis vaccinated animals under eighteen (18) months of age, or are steers or spayed heifers;

(IV) Are consigned directly to a recognized slaughtering establishment.

b. A negative brucellosis test, as provided in the Brucellosis Eradication: Uniform Methods and Rules, USDA, APHIS 91-45-013, Effective October 1, 2003, is required within thirty (30) days prior to Importation for dairy and beef cattle or bison not exempted in sub-subparagraph 5C-3.004(3)(d)2.a., F.A.C. Brucellosis Eradication: Uniform Methods and Rules, USDA, APHIS 91-45-013, Effective October 1, 2003, is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10878.

c. Rodeo Bulls.

(I) Rodeo bulls performing in rodeo events may be Imported without tests provided the bulls are not changing ownership and are under eighteen (18) months of age; or individual bulls are negative to a brucellosis test, as provided in the Brucellosis Eradication: Uniform Methods and Rules, USDA, APHIS 91-45-013, Effective October 1, 2003, within twelve (12) months prior to Importation.

(II) Rodeo bulls Imported for purposes other than performing in rodeo events must meet the requirements for Importation in sub-subparagraph 5C-3.004(3)(d)2.a. or b., F.A.C., above.

3. Trichomoniasis Testing

a. All non-virgin bulls and all bulls eighteen (18) months of age and older, which are not otherwise exempt from negative trichomoniasis test requirements, must test negative to an official Trichomoniasis Approved Test, as defined in subsection 5C-3.001(51), F.A.C., within sixty (60) days prior to entry into Florida. The laboratory name, accession number, test date, negative trichomoniasis test results and Official Identification must be recorded on the OCVI or Owner-Shipper Statement. Exemptions to the trichomoniasis testing requirement are:

(I) Bulls consigned directly to a Recongnized Slaughtering Establishment.

(II) Bulls entering Florida, moving directly to an Approved Livestock Facility and being sold in slaughter only channels. Test eligible bulls moving directly to an Approved Livestock Facility which are not accompanied by a negative Approved Trichomoniasis Test shall be visibly identified and shall be announced during the sale as selling for slaughter only. These bulls must move directly from the Approved Livestock Facility to a Recognized Slaughtering Establishment.

(III) Bulls entering Florida for exhibition or rodeo, provided they do not commingle with female cattle and return to state of origin immediately following exhibition or rodeo event.

(IV) Virgin bulls less than eighteen (18) months of age, as determined by breed registry records or absence of permanent central incisor teeth in wear. The OCVI or Owner-Shipper Statement must include any and all identification and a statement declaring the bull(s) as virgin and less than eighteen (18) months of age.

b. Approved Livestock Facilities shall maintain a list of all Trichomoniasis test eligible bulls arriving via interstate movement, and shall indicate whether or not the bull has a negative Trichomoniasis test. The list of bulls, Trichomoniasis test status, and a copy of all the negative Approved Trichomoniasis Test reports shall be made available to Department personnel for verification on the day of the sale.

c. Bulls eighteen (18) months of age and older, moving under a Commuter Herd Agreement, FDACS-09264, Rev. 06/19, are to be accompanied by proof of a negative annual Trichomoniasis Approved Test within twelve (12) months of movement. The following statement shall be on the accompanying Owner-Shipper Statement: “All herd bulls over eighteen (18) months of age are tested annually for Trichomoniasis and all herd bull additions are tested negative prior to commingling. The bull(s) included in this shipment have not commingled with Trichomoniasis positive bulls or cows exposed to Trichomoniasis positive bulls.”

(4) Prior Permission Number. A Prior Permission Number shall be required for all cattle or bison originating from:

(a) Non-Tuberculosis Accredited-Free State or areas,

(b) Non-Brucellosis Class-Free State or areas, or

(c) VS Affected-States.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–Amended 3-22-63, 8-20-64, 9-23-65, 7-25-66, 11-15-67, 3-1-68, 3-12-70, 7-1-70, 9-1-72, 4-5-77, 7-1-79, 7-1-80, 9-30-80, 8-9-81, 9-14-82, 6-26-83, 2-5-85, Formerly 5C-3.04, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 8-19-19, 1-31-21.

Fla. Admin. Code R. 5C-3.005 Goats or Sheep

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All goats or sheep Imported into Florida, except goats or sheep consigned directly to Recognized Slaughtering Establishments, must be accompanied by an OCVI. The OCVI must include the following:

(a) The Official Individual Identification of each Animal.

(b) A statement that each goat or sheep is free of the clinical signs of the diseases: caseous lymphadenitis, contagious ecthyma (Orf), chlamydial keratoconjunctivitis, scabies, scrapie, and contagious footrot.

(2) Prior Permission Number. A Prior Permission Number shall be required for all sheep or goats originating from VS-affected states under state or USDA, APHIS quarantine. The Prior Permission Number must be written on the OCVI.

(3) Goats or Sheep consigned directly to a Recognized Slaughtering Establishment are not required to have an OCVI, as exempted by this rule, but do require:

(a) Owner-Shipper Statement. Evidence of ownership or authority to transport the animals as provided in subsection 5C-3.002(2), F.A.C.; and

(b) Official Identification. All goats or sheep entering Florida for slaughter purposes must be individually identified in accordance with paragraph 5C-3.001(33)(c), F.A.C.; and

(c) The goats or sheep must be moved directly to a Recognized Slaughter Establishment without unloading at other premises in route.

(4) Testing Requirements for Dairy Goats.

(a) Tuberculosis Test. Dairy goats six (6) months of age or older must originate from an Accredited Tuberculosis-Free Herd, or have had a negative caudal fold tuberculosis test within ninety (90) days prior to Importation into Florida. If originating from an Accredited Tuberculosis-Free Herd, the herd accreditation number and date of last herd accreditation test within the previous twelve (12) months must be written on the OCVI.

(b) Brucellosis Test. Dairy goats six (6) months of age or older must originate from a Certified Brucellosis-Free Herd, or have documentation of a negative brucellosis test within ninety (90) days prior to Importation to Florida. If orginating from a Certified Brucellosis-Free Herd, the herd certification number and date of the last herd certification test within the previous twelve (12) months must be written on the OCVI.

(c) There are no tuberculosis or brucellosis test requirements for meat type or pygmy goats.

(d) Testing exemptions for dairy goats being imported into Florida for exhibition purposes only are defined and referenced in subsection 5C-4.005(3), F.A.C.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.05, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 8-19-19, 12-5-24.

Fla. Admin. Code R. 5C-3.006 Sheep

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.08(1), (2)(a), 585.145(1), (2) FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.06, Amended 9-6-89, 3-23-94, Repealed 6-4-95.

Fla. Admin. Code R. 5C-3.007 Swine

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All swine Imported into Florida, except swine consigned directly to a Recognized Slaughtering Establishment or an Approved Livestock Facility for sale to slaughter, must be accompanied by an OCVI. Swine exempted from the OCVI requirement must be accompanied by an Owner-Shipper Statement as provided in subsection 5C-3.002(2), F.A.C.

(2) The OCVI must contain the Official Individual Identification. Official Individual Identification is required for all swine, six (6) months of age or older. Official Individual Identification for swine includes:

(a) Identification that complies with the United States Department of Agriculture 9 C.F.R. §§71.19(a)-(c) (2018). United States Department of Agriculture 9 C.F.R. §§71.19(a)-(c) (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10880, or

(b) Breed registration tattoos, or ear notches, when accompanied by breed registration papers,

(3) Prior Permission Number. A Prior Permission Number is required on all swine Imported into Florida. The Prior Permission Number must be written on the OCVI or Owner-Shipper Statement accompanying the animals.

(4) Testing Requirements.

(a) Brucellosis Test.

1. All swine six (6) months of age or older Imported into Florida, not consigned directly to a Recognized Slaughtering Establishment must:

a. Originate from herds not known to be infected with or exposed to brucellosis and be accompanied by proof of an official negative brucellosis test, as provided in 9 CFR §78.1 and 78.33(b)(2) (2018), conducted within thirty (30) days prior to Importation. 9 C.F.R. §§78.1 and 78.33(b)(2) (2018) are hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10901 and http://www.flrules.org/Gateway/reference.asp?No=Ref-10881;

b. Originate directly from a Validated Brucellosis-Free Herd. The Validated Brucellosis-Free Herd number and the date of the last certification test within the past twelve (12) months must be written on the OCVI.

(b) Pseudorabies Test.

1. All swine six (6) months of age or older Imported into Florida, not consigned directly to a Recognized Slaughtering Establishment must:

a. Originate from a herd not known to be infected with or exposed to pseudorabies and be accompanied by proof of an official negative pseudorabies test, as provided in 9 CFR §§85.1 and 85.7(c)(2) (2018), conducted within thirty (30) days prior to Importation. 9 C.F.R. §§85.1 and 85.7(c)(2) (2018) are hereby incorporated by reference and is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10909 and http://www.flrules.org/Gateway/reference.asp?No=Ref-10882;

b. Originate from a Qualified Pseudorabies-Negative (QN) Herd, or

c. Originate from a Pseudorabies-Monitored Feeder Pig Herd (MFPH);

(5) Immediate Slaughter Swine.

Swine not known to be infected with or exposed to brucellosis or pseudorabies may enter Florida without tests, for slaughter purposes, provided they are accompanied by an Owner-Shipper Statement, have Official Individual Identification as required in subsection 5C-3.007(2), F.A.C., and have a Prior Permission Number. The Prior Permission Number and Official Identification must be written on the accompanying document. Such swine must be:

(a) Consigned directly to a Recognized Slaughtering Establishment; or

(b) Consigned directly to an Approved Livestock Facility and then sold to a Recognized Slaughtering Establishment.

(6) Transitional Swine.

Transitional Swine may be Imported into Florida provided they are accompanied by an OCVI, have Official Individual Identification as required in subsection 5C-3.007(2), F.A.C., and have a Prior Permission Number. The Prior Permission Number and Official Identification must be written on the accompanying document. Transitional swine may be Imported into Florida for slaughter as provided in subsection 5C-3.007(5), F.A.C. Transitional swine Imported into Florida, not consigned directly to a Recognized Slaughter Facility, must be:

(a) Tested negative for pseudorabies and brucellosis, as provided in 9 C.F.R. §§85.1 and 78.33(b)(2) (2018), on two (2) consecutive official tests conducted not less than thirty (30) days apart with the last test being within thirty (30) days of Importation; and

(b) They have been isolated from all other swine, from the time of the first pseudorabies and brucellosis test until Imported into Florida.

(7) Feral Swine may not be Imported into Florida.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–Amended 3-24-65, 11-7-67, 6-20-68, 1-1-71, 3-1-72, 8-4-77, 2-5-85, 10-23-85, Formerly 5C-3.07, Amended 9-6-89, 3-23-94, 12-12-04, 5-24-10, 8-19-19.

Fla. Admin. Code R. 5C-3.008 Poultry

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.08(1), (2)(a), 585.145(1), (2) FS. History–Amended 8-20-65, 8-17-72, 2-5-85, Formerly 5C-3.08, Amended 9-6-89, Repealed 3-23-94.

Fla. Admin. Code R. 5C-3.009 Dogs or Cats

(1) Official Certificate of Veterinary Inspection (OCVI) Required. Except for dogs or cats Imported only for exhibition purposes, which will remain in the state for less than six (6) months, any Service Animal, any Working Dog, and any privately owned pets traveling with their owners, all dogs and cats imported into Florida must be accompanied by an OCVI stating that they:

(a) Are free from signs of any infectious or communicable disease;

(b) Did not originate within an area under quarantine for rabies; and

(c) Are not known to have a history of exposure to a rabies-infected animal prior to Importation.

(2) Dogs or Cats for Sale or Adoption Requirements for Importation.

(a) Each dog or cat Imported into Florida must:

1. Be accompanied by an OCVI, and

2. Meet the minimum standards for vaccinations, tests, and anthelmintic treatments, and be eight (8) weeks of age or older as specified in Section 828.29, F.S.

(b) Evidence of Compliance with Section 828.29, F.S., shall accompany the owner or agent having custody of such dogs or cats Imported into Florida or to which ownership is being transferred.

(3) Rabies Vaccination. All dogs or cats, three (3) months of age and older, transported into Florida, including exhibition dogs or cats, Service Animals, Working Dogs, and privately owned pets traveling with their owners, must have proof of a current rabies vaccination.

(4) Prior Permission Number. Dogs or cats originating from areas under quarantine for rabies must have a Prior Permission Number from the Division as provided in subsection 5C-3.002(3), F.A.C. The Prior Permission Number must be written on the OCVI.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16, 828.29(1)(a), (2)(a) FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.09, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 8-19-19.

Fla. Admin. Code R. 5C-3.0091 Domestic Cats

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.08(1), (2)(a), 585.145(1), (2) FS. History–New 9-6-89, Amended 3-23-94, Repealed 6-4-95.

Fla. Admin. Code R. 5C-3.010 Violation of Rules

History

• Rulemaking Authority 585.002(1), (2), (4), 585.004, 585.005, 585.08(2) FS. Law Implemented 585.08(2), (3), 585.007(1), (2) FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.10, Repealed 3-23-94.

Fla. Admin. Code R. 5C-3.011 Cervids (Farmed or Captive)

(1) Farmed or captive Cervids will be denied entry into the State of Florida unless accompanied by a valid Florida Fish and Wildlife Conservation Commission license or permit as referenced in Rule 68A-4.0051, F.A.C., except Cervidae, other than white-tailed deer, which are:

(a) Moving to and originating from a zoological facilities which meet or exceed all applicable Association of Zoos and Aquariums (AZA) accreditation standards (2013) as required by subsection 68A-4.0051(1) F.A.C.; or

(b) Reindeer entering temporarily (less than ninety (90) days for exhibition) provided that:

1. The reindeer do not originate from a facility located in a county where Chronic Wasting Disease has been documented or a county which adjoins to a county where Chronic Wasting Disease has been documented; and

2. Will not be kept at a Premises in Florida with other species of the family Cervidae.

(2) Chronic Wasting Disease (CWD) Status.

(a) All Cervids Imported into Florida must originate from herds that are performing CWD surveillance and are not located in a county or an adjoining county where CWD has been documented; and

(b) The animal health officials in the originating state must confirm the surveillance and the location of any positive CWD cases in the originating state.

(3) Official Certificate of Veterinary Inspection (OCVI) Required.

(a) All Cervids Imported into Florida must be accompanied by an OCVI. The OCVI must list the official identification of each animal, the date and negative results for any required tests as provided below, and a Prior Permission Number.

(b) All information required on the OCVI must be completed by the issuing Accredited Veterinarian and shall include:

1. The name, physical address and phone number of the consignor;

2. The name, physical address and phone number of the consignee;

3. The point of origin;

4. The point of destination;

5. The date of examination;

6. The number of animals examined;

7. The Official Individual Identification number of each cervid;

8. The age, sex, and breed of each animal;

9. The test results and CWD herd status for brucellosis and tuberculosis as specified in Rule 5C-26.005, F.A.C.

10. A statement by the issuing Accredited Veterinarian that the animals identified on the OCVI are free of signs of infectious, communicable, or neurologic disease;

11. The phone number of the issuing Accredited Veterinarian;

12. The purpose for which the animals are being moved;

13. The CWD herd status of the herd of origin; and

14. The prior permission number.

(c) A copy of the OCVI shall be forwarded immediately by Email to AnimalPermits@FreshFromFlorida.com or via facsimile message, Fax: (850)410-0946, to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, prior to shipment for review and verification that Import requirements have been met and issuance of a Prior Permission Number.

(d) The OCVI shall be void thirty (30) days after issuance.

(4) Prior Permission Number. All Cervids Imported into Florida, must have a Prior Permission Number. The Prior Permission Number must be written on the OCVI accompanying the animals.

(5) Testing Requirements and Exemptions.

(a) Chronic Wasting Disease Test. There is no chronic wasting disease test presently required for Importation of Cervids into Florida. However, the animal(s) Imported must meet the requirements of subsection 5C-3.011(2), F.A.C., prior to Importation.

(b) Tuberculosis Test.

1. Cervids from an Accredited Tuberculosis-Free Herd, as provided in 9 C.F.R. §§77.33(f) (2018), are exempt from this test. 9 C.F.R. §77.33(f) (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10883. The herd status must be listed on the accompanying OCVI.

2. Cervids which do not originate from Accredited Tuberculosis-Free Herds and are not known to be affected with or exposed to tuberculosis may be Imported into Florida if they are:

a. Under six (6) months of age;

b. Originate from a herd which has been classified negative to an official tuberculosis test, as provided in 9 C.F.R. §77.20 (2018), of all eligible animals conducted within the past twelve (12) months, and the animals to be Imported are negative to a second official tuberculosis test conducted within ninety (90) days of Importation. 9 C.F.R. §77.20 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10884;

c. The animals to be Imported have two (2) consecutive negative official tuberculosis tests, as provided in 9 C.F.R. §77.20 (2018), conducted not less than ninety (90) days apart, the second test conducted within ninety (90) days prior to Importation, with animals isolated from all other members of the herd during the testing period;

d. The official tuberculosis test results and dates of tests must be recorded on the OCVI accompanying the animals.

(c) Brucellosis Test.

1. Cervids originating from a Certified Brucellosis-Free Herd as defined in the USDA, APHIS, Brucellosis in Cervidae: Uniform Methods and Rules, USDA, APHIS 91-45-16, Effective September 30, 2003, are exempt from this test. USDA, APHIS, Brucellosis in Cervidae: Uniform Methods and Rules, APHIS 91-45-16, Effective September 30, 2003, is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10885. The herd status must be listed on the accompanying OCVI.

2. Cervids which do not originate from Certified Brucellosis-Free Herds and are not known to be affected with or exposed to brucellosis may be Imported if they are:

a. Under six (6) months of age;

b. Sexually intact animals, six (6) months of age or older, and negative to an official brucellosis test, as provided in the Brucellosis in Cervidae: Uniform Methods and Rules, APHIS 91-45-16, Effective September 30, 2003, conducted within ninety (90) days prior to Importation. The official brucellosis negative test results must be recorded on the OCVI accompanying the animals.

(6) Consignee’s herd shall be registered and comply with requirements of the Florida Department of Agriculture and Consumer Services Cervidae Herd Health Plan as provided in Chapter 5C-26, F.A.C.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570,36(2), 585.08(1), (2)(a), 585.145(1), (2) FS. History–New 3-23-94, Amended 12-12-04, 5-24-10, 8-19-19.

Fla. Admin. Code R. 5C-3.012 Domestic Fowl, Poultry, Poultry Products and Ratites

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All Domestic Fowl, Poultry, and Eggs For Hatching Purposes Imported into Florida, unless exempted by this rule, must be accompanied by an OCVI. Poultry and Eggs For Hatching Purposes under provisions of the National Poultry Improvement Plan (NPIP) may substitute Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), for the OCVI. Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10886. Racing Pigeons that are transported out of Florida for racing purposes in a sealed crate(s) and reenter Florida with unbroken seals are exempt from the OCVI Importation requirements. The OCVI or VS Form 9-3 must include the Official Identification approved by the United States Department of Agriculture in accordance with 9 C.F.R. §§86.4(a)(3) (2018). 9 C.F.R. §§86.4(a)(3) (2018) is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10887.

(2) Prior Permission Number. To acquire a Prior Permission Number, an Official Avian Permit FDACS-09257, Rev. 05/18 must be completed and submitted to the Division of Animal Industry. Official Avian Permit FDACS-09257, Rev. 05/18 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10891. A Prior Permission Number is required on the accompanying documentation for Importation of all Domestic Fowl, Poultry, and Eggs For Hatching Purposes, except those listed below in paragraphs (a)-(f), that originate from a state not affected by Exotic New Castle Disease (END) or Avian Influenza (AI):

(a) Poultry consigned directly to a Recognized Slaughtering Establishment for slaughter;

(b) Individual exotic birds;

(c) Racing Pigeons returning to Florida in unbroken, sealed containers;

(d) Exhibition birds originating in NPIP participating flocks in Florida and returning to Florida;

(e) Those shipments moving through Florida for transhipment outside of the United States and traveling on an international OCVI, consigning the shipment to a foreign country, provided the shipping containers are not opened in Florida.

(f) Eggs for Hatching Purposes or chicks less than four (4) days of age originating from NPIP participating flocks accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016).

(3) Testing Requirements.

(a) Pullorum-Typhoid testing requirement.

1. An official negative test for Pullorum-Typhoid, as provided in 9 C.F.R. §§147.1-147.5 (2018), as adopted in rule 5C-3.001, F.A.C., is required within thirty (30) days of Importation into Florida for poultry or on the flock from which Eggs for Hatching Purposes originate. However, no Pullorum-Typhoid test is required for the following:

a. Importing Poultry or Eggs For Hatching Purposes originating from flocks classified under provisions of the NPIP as U.S. Pullorum-Typhoid Clean, as provided in 9 CFR §§145.23(b), 145.33(b), 145.43(b), 145.53(b) and 145.63(b) (2018), as adopted in Rule 5C-3.001, F.A.C.

b. Quail, pheasants, and other birds used strictly for hunting purposes that are consigned directly to a Florida Fish and Wildlife Conservation Commission licensed hunting preserve;

c. Ratites;

d. Waterfowl Imported for exhibition purposes;

e. Exotic birds;

f. Pigeons and doves of the family Columbidae;

g. Exhibition birds originating from NPIP-participating flocks in Florida returning to Florida. These birds must be accompanied by proof of a valid NPIP flock testing record for pullorum-typhoid indicating that the flock test, in accordance with 9 C.F.R. §145.53(b) (2018), as adopted in rule 5C-3.001, F.A.C., was conducted within the previous twelve (12) months or proof of a valid NPIP participant card current within the past twelve (12) months; or

h. Poultry consigned directly to a Recognized Slaughtering Establishment for slaughter.

2. Pullourm-Typhoid testing records for exhibition birds not originating from a NPIP-participating flock will be documented by an Authorized Representative from the state or USDA at the Fair Exhibition – Poultry Summary of Pullorum-Typhoid Testing, FDACS-09170, Rev. 09/17. Fair Exhibition – Poultry Summary of Pullorum-Typhoid Testing, FDACS-09170, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10890.

(b) Avian Influenza (AI) testing requirements.

1. Poultry or Poultry Products originating from a non-AI affected state.

a. All Poultry and Poultry Products must be accompanied by proof of a negative, approved test for Avian Influenza (AI). AI samples collected by the Division will be documented by an Authorized Representative from the state on Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17. Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10892.

b. Entry into Florida must be within twenty-one (21) days of the AI sample being taken; and,

c. If a flock with greater than thirty (30) birds is to be Imported, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house; or

d. If a flock of less than thirty (30) birds is to be Imported, then all birds must be tested.

2. Exemptions to the AI testing requirements for Poultry and Poultry Products originating from a non-AI affected state. No AI test is required for the following:

a. Poultry or Poultry Products originating from flocks classified as U.S. Avian Influenza Clean, as provided in 9 C.F.R. §§145.23(h), 145.33(1), 145.43(g), 145.53(e), and 145.63(b) (2018), as adopted in rule 5C-3.001, F.A.C., in non-AI affected states;

b. Ratites;

c. Exotic birds; or

d. Pigeons and doves of the family Columbidae.

3. Proof of negative Avian Influenza (AI) testing and the Department issued Prior Permission Number, unless exempted from Prior Permission Number requirement in accordance with subsection 5C-3.012(2), F.A.C., must be documented on the Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), or OCVI listing the description of birds, test date, test results, and the name of the laboratory.

4. Poultry Products originating from an Avian Influenza (AI) affected state.

a. From a Quarantine or Control Area as defined by originating state. No Domestic Fowl, live Poultry or Poultry Products or Eggs for Hatching Purposes originating from a Quarantine or Control Area in an AI affected state may enter Florida, except for Imported birds that have completed all USDA or state of origin requirements to move from a Quarantine or Control Area, and have completed Florida Import requirements as described in subsections (1)-(3) of this rule. The Department shall verify USDA requirements have been met through the Emergency Management Response System (EMRS) prior to permitting for entry into Florida by the State Veterinarian’s Office.

b. Non-Quarantine or Control Areas as defined by originating state. All Poultry and Poultry Products:

(I) Must be accompanied by proof of a negative, approved test for AI; and,

(II) Entry into Florida must be within seven (7) days of the AI sample being taken; and,

(III) If a flock with greater than thirty (30) birds is to be Imported, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house; or

(IV) If a flock of less than thirty (30) birds is to be Imported, then all birds must be tested.

5. The following Poultry and Poultry Products originating from a non-quarantined area in an AI affected state are exempt from the AI testing requirements described in sub-subparagraph (3)(b)4.b.:

a. Ratites;

b. Exotic birds; or

c. Pigeons and doves of the family Columbidae.

6. Proof of negative AI testing and a Department issued Prior Permission Number must be documented on the Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), or OCVI listing the description of birds, test date, test results, and the name of the laboratory.

(c) Exotic Newcastle Disease (END) testing requirements. END testing requirements apply to only those shipments of Poultry or Poultry Products originating from an END affected state.

1. Quarantine or Control Areas. No Domestic Fowl, live Poultry or Poultry Products, or Eggs for Hatching Purposes originating from a Quarantine or Control Area may enter Florida except for Imported birds that have completed all USDA and originating state requirements to move from a Quarantine or Control Area, have completed Florida Import test requirements as described in subsections (1)-(3) of this rule, and are permitted for entry into Florida by the State Veterinarian’s Office.

2. Non-Quarantine or Control Areas.

a. All Poultry and Poultry Products must be accompanied by proof of a negative, approved test for Exotic Newcastle Disease (END). END samples submitted by the Division will be documented by an Authorized Representative from the state on Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17, as incorporated in paragraph 5C-3.012(3)(b), F.A.C.

b. Entry in Florida must be within seven (7) days of the Exotic Newcastle Disease (END) sample being taken; and,

c. If a flock with greater than thirty (30) birds is to be Imported, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house; or

d. If a flock with less than thirty (30) birds is to be Imported, then all birds must be tested.

3. Documentation. Poultry or Poultry Products must be accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), or OCVI indicating Poultry or Poultry Product originated from an END-negative flock, listing the Department issued Prior Permission Number, description of birds, test date, test results, and the name of testing laboratory.

(4) Containers for Shipment. All Imported Domestic Fowl, Poultry, and Eggs For Hatching Purposes must be shipped in new or Cleaned and Disinfected reusable containers.

History

• Rulemaking Authority 570.07(23), 585.002(4) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–New 3-23-94, Amended 12-12-04, 5-24-10, 2-8-16, 8-19-19, 1-31-21.

Fla. Admin. Code R. 5C-3.013 Penalties for Violation

History

• Rulemaking Authority 585.002(4) FS. Law Implemented 585.007(1), (2), 585.145(3) FS. History–New 3-23-94, Repealed 6-4-95.

Fla. Admin. Code R. 5C-3.014 Elephants

(1) Elephant Mycobacterium tuberculosis (Mtb) Categories. Elephants are placed into one of three (3) categories depending on their risk of being positive for Mtb as classified in the Recommendations for the Diagnosis, Treatment, and Management of Tuberculosis (Mycobacteria tuberculosis) in Elephants in Human Care (2017). Recommendations for the Diagnosis, Treatment, and Management of Tuberculosis (Mycobacteria tuberculosis) in Elephants in Human Care (2017) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10889. The three (3) Mtb catagories are:

(a) Category A: Elephants have had no known exposure to an Mtb culture-positive animal within the past five (5) years. They are also consistently negative by an annual Triple Trunk Wash (TW) technique.

(b) Category B: Elephants have had contact with an Mtb positive animal within the past five (5) years, but are themselves consistently negative by annual triple TW series technique.

(c) Category C: Elephants are positive on TW cultures or culture of other body fluid. These animals cannot travel except for specific medical reasons. They are considered infected with Mtb.

(2) Official Certificate of Veterinary Inspection (OCVI) required. Only Category A and B elephants are permitted to be Imported into Florida and must be accompanied by an OCVI. The OCVI must include the following:

(a) The animal’s name, age, sex, any identifying marks, and microchip number, if applicable;

(b) The animal’s Mtb category; and

(c) The most recent TW culture history to include:

1. The date the TW sample was taken;

2. The full name of the testing laboratory;

3. Test accession number; and

4. Test result.

(3) Test Requirements

(a) Category A animals require proof of a negative TW culture with the sample taken within twelve (12) months of Importation into Florida.

(b) Category B animals require proof of a negative TW culture with the sample taken within ninety (90) days of Importation into Florida.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–New 8-19-19.

Fla. Admin. Code R. 5C-3.015 Rabbits

(1) All Lagomorphs originating from a state that has had RHD diagnosed in wild or domestic animals in the past twenty-four (24) months, are required to be accompanied by an Official Certificate of Veterinary Inspection. The OCVI must include the statement in subsection 5C-3.015(2), F.A.C. and be signed and dated by the examining veterinarian within seventy-two (72) hours prior to entry into Florida.

(2) The OCVI must include the following statement from the examining veterinarian, “All animals on this shipment have not been exposed to a known or suspected case of RHD and show no clinical signs of diseases on the inspection date of (inspection/examination date).”

History

• Rulemaking Authority 570.07(21), (23), 585.08(2)(a) FS. Law Implemented 585.08(1), 585.145 FS. History–New 1-31-21.

Chapter 5C-4 ADMISSION OF ANIMALS FOR EXHIBITION

Fla. Admin. Code R. 5C-4.0015 Definitions

For the purposes of this chapter, the definitions in Section 585.01, F.S., and the following shall apply:

(1) Accredited tuberculosis-free herd. As defined in Rule 5C-3.001, F.A.C.

(2) Accredited tuberculosis-free state or zone. As defined in Rule 5C-3.001, F.A.C.

(3) Accredited veterinarian. As defined in Rule 5C-3.001, F.A.C.

(4) Approved livestock facility. As defined in Rule 5C-3.001, F.A.C.

(5) Authorized Representative. An employee of the state or federal government, or a licensed veterinarian accredited by the USDA, who is authorized to conduct animal disease control and eradication activities.

(6) Certified brucellosis-free state or area. As defined in Rule 5C-3.001, F.A.C.

(7) Certified brucellosis-free herd. As defined in Rule 5C-3.001, F.A.C.

(8) Classified brucellosis-Class A state or area. As defined in Rule 5C-3.001, F.A.C.

(9) Department. As defined in Rule 5C-3.001, F.A.C.

(10) Electronic Official Certificates of Veterinary Inspection (ECVI). An electronic certificate provided by USDA Veterinary Services Process Streamlining System or a third-party vendor approved by the United States Animal Health Association (USAHA) ECVI Data Standards Subcommittee and issued by licensed and accredited veterinarians in animal’s state of origin.

(11) Exhibition. Any fair allowing the displaying or presenting livestock, including poultry, to the general public for an animal exhibit or animal show.

(12) Fair(s). Annual public fair as defined in F.S. 616.001, that exhibits domestic animals.

(13) Group. One or more Animals maintained on the same premises or in contact with one another.

(14) Isolation. Separation of individual Animals by a physical barrier in a manner that assures one Animal does not have access to the body, excrement, or discharges of another Animal; does not share a building with a common ventilation system; and is not within ten feet of another Animal.

(15) Market class. An exhibition class consisting of finished fed animals.

(16) Official certificate of veterinary inspection (OCVI). As defined in Rule 5C-3.001, F.A.C.

(17) Official individual identification. As defined in Rule 5C-3.001, F.A.C.

(18) Official test. A test conducted by a licensed and accredited veterinarian with method approved by Department rules for the specific disease and animal species.

(19) Owner. The owner of the animal or herd or the owner’s authorized agent.

(20) Pseudorabies. A contagious, infectious herpesvirus, causing communicable disease of livestock and other animals also known as Aujeszky’s disease or mad itch.

(21) Recognized slaughtering establishment. As defined in Rule 5C-3.001, F.A.C.

(22) Swine brucellosis. An infectious bacterial disease caused by Brucella suis (B. suis) biovars 1 or 3, most frequently affecting swine but able to cause disease in other animals and humans.

(23) Terminal swine show. An exhibition market class consisting of swine that are isolated and housed separately from all other animals and designated for slaughter only channels.

(24) Validated brucellosis-free herd, as defined in 9 CFR §78.1 (JAN 2024). This definition of validated brucellosis-free herd is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17727.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2), 585.145(2) FS. Law Implemented 585.08(2)(a), 585.145(1), (2) FS. History–New 1-19-95, Amended 6-4-95, 6-21-06, 2-19-14, 11-21-18, 3-17-25.

Fla. Admin. Code R. 5C-4.0016 Applications, Cards, Forms, Other Official Documents Required and Fees

(1) USDA. The Equine Infectious Anemia Laboratory Test VS Form 10-11 (DEC 2020), an USDA, Animal and Plant Health Inspection Service (APHIS), Veterinary Service (VS) form required for submitting samples and reporting results of Equine Infectious Anemia (EIA) tests. Equine Infectious Anemia Laboratory Test VS Form 10-11 (DEC 2020) , as incorporated in subsection 5C-18.001(10), F.A.C.

(2) OCVI. Florida-licensed and accredited veterinarians may obtain the following OCVIs through the department:

(a) Official Certificate of Veterinary Inspection, FDACS-09000 Rev. 06/17; for use with all species, in association with movement or sale. Cost is $65 per book of 25 certificates. Official Certificate of Veterinary Inspection, FDACS-09000 Rev. 06/17 is incorporated by reference in Rule 5C-24.003, F.A.C.

(b) Official Equine Certificate of Veterinary Inspection, FDACS-09002 Rev. 04/17; for use with equine, in association with movement or sale. Cost is $65 per book of 25 certificates. Official Equine Certificate of Veterinary Inspection, FDACS-09002 Rev. 04/17 is incorporated by reference in Rule 5C-24.003, F.A.C.

(c) Florida-licensed and accredited veterinarians may obtain OCVIs through electronic official certificates of veterinary inspection.

(3) Negative EIA Test Verification Card, FDACS-09160 Rev. 08/18, is an official document provided by the Department to the equine owner to show proof of a negative EIA test within the previous 12 months, for purposes other than change of ownership. The document is valid for 12 months from the date the blood was drawn and is renewable annually with an associated fee of $5.00 per application (Card). The Negative EIA Test Verification Card may be applied for by submitting the Application for Negative EIA Test Verification Card, FDACS-09206 Rev. 10/05. Negative EIA Test Verification Card FDACS-09160 Rev. 08/18 is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10037. Application for Negative EIA Test Verification Card, FDACS-09206 Rev. 10/05 is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10038.

History

• Rulemaking Authority 570.07(23), 585.002(4), (5), 585.08(2)(a), 585.145(2) FS. Law Implemented 585.08(2)(a), 585.145(1), (2) FS. History–New 6-21-06, Amended 11-21-18, 12-8-24.

Fla. Admin. Code R. 5C-4.0017 General Requirements, Exemptions and Limitations

(1) OCVI Required. Animals presented for exhibition purposes in Florida, unless specifically exempted, must be accompanied by an OCVI.

(a) The OCVI must be complete including the breed, sex, and registration number and, if applicable, the official individual identification of each animal.

(b) Results of a specific test requirement or herd accreditation, certification or validation number for each animal must be recorded on the OCVI with the date of the test or herd accreditation, certification or validation.

(2) Expiration of Required OCVI.

(a) For Florida-origin animals, an OCVI is valid for 90 days from the date of issue; or until the expiration date of any required tests, whichever is the earliest date.

(b) For animals imported into Florida for exhibition purposes only, the OCVI is valid for 30 days.

(3) Inspection. Prior to immediate acceptance at an exhibition, all animals presented for exhibition must be made available for inspection by an authorized representative for:

(a) The required Official Individual Identification of the Animal; and

(b) Clinical signs of disease including, but not limited to: caseous lymphadenitis, blisters/ulcers around the mouth, nostrils, coronary band, pinkeye, pox, scabies, lice, ringworm, atrophic rhinitis, or multiple warts that are clearly visible; and

(c) Evidence of compliance with Animal tests and OCVI requirements, where required.

(4) Animals Rejected for Exhibition.

(a) Any Animal in noncompliance with Animal tests and OCVI requirements, or

(b) Any Animal not meeting the Official Individual Identification requirements, or

(c) Any animal which is suspected of having or showing clinical signs of dangerous transmissible, contagious or infectious disease on visual inspection, or any animal which is known to be exposed to such diseases must be:

1. Immediately withdrawn from exhibition and returned to the place of origin, or

2. Examined at the owner’s expense, by a Florida-licensed accredited veterinarian who certifies by a signed, written statement, that the animal is free of dangerous transmissible, contagious or infectious diseases and pests. The accredited veterinarian’s examination must take place within 24 hours of the initial inspection by the authorized representative.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a), 585.145(2) FS. Law Implemented 570.07(15), 585.003, 585.08(1), (2)(a), 585.145(1), (2), 585.16, 585.162 FS. History–New 6-21-06, Amended 10-17-18, 12-8-24.

Fla. Admin. Code R. 5C-4.001 General Requirements and Limitations

History

• Rulemaking Authority 585.002(4), 585.08(2)(a), 585.145(2) FS. Law Implemented 585.08(2)(a), 585.145(1), (2) FS. History–New 7-1-71, Amended 8-7-77, 9-30-80, Formerly 5C-4.01, Amended 4-17-89, 1-19-95, 6-4-95, Repealed 6-21-06.

Fla. Admin. Code R. 5C-4.002 Cattle or Bison

(1) OCVI Required.

(a) Florida-origin cattle or bison moved for exhibition must be accompanied by an OCVI dated not more than 90 days prior to exhibition.

(b) Cattle or bison imported from other states for exhibition must be accompanied by an OCVI dated not more than 30 days prior to exhibition.

(2) Official Identification Required. All cattle or bison entered for exhibition purposes, including market class animals, must have an official individual identification. If the breed registry and brand or tattoo are used to complete the identification requirements, then the breed registry number and brand or tattoo must be listed on the OCVI accompanying the animal to exhibition.

(3) Testing Requirements.

(a) Tuberculosis.

1. Florida-origin cattle or bison may be entered for exhibition without a tuberculin test.

2. Dairy Cattle. Dairy cattle imported into Florida, may be entered for exhibition provided they have:

a. a negative caudal fold tuberculin skin test within 60 days prior to the date of the exhibition, or;

b. originate from an accredited tuberculosis-free herd in an accredited tuberculosis-free state or zone.

3. Beef Cattle. Beef cattle or bison imported into Florida may be entered for exhibition provided they have:

a. a negative caudal fold tuberculin skin test within 60 days prior to the date of the exhibition or;

b. originate from an accredited tuberculosis-free herd or state.

(b) Brucellosis.

1. Test Required. Cattle or bison, six (6) months of age or older, must have evidence of a negative brucellosis test within 30 days prior to the date of exhibition.

2. Exemption from Required Brucellosis Test.

a. Steers and spayed heifers; and

b. Cattle or bison originating from,

(I) a certified brucellosis-free herd. The OCVI must show the certified herd number and the date of the last herd certification test, or;

(II) a classified brucellosis-free state or area, or;

(III) Cattle or bison from non-quarantined herds originating from a classified brucellosis-Class A state or area provided that the cattle are under 18 months of age.

History

• Rulemaking Authority 270.07(23), 585.002(4), 585.08(2)(a), 585.145(2) FS. Law Implemented 570.07(15), 570.36(1), (2), 585.08(2)(a), 585.145(1), (2) FS. History–Amended 7-25-66, 11-15-67, 1-1-70, 7-1-71, 9-1-72, 8-7-77, 8-8-79, 9-30-80, 6-26-83, Formerly 5C-4.02, Amended 4-17-89, 1-19-95, 6-21-06, 11-21-18, 12-8-24.

Fla. Admin. Code R. 5C-4.003 Swine

(1) OCVI Required.

(a) Florida origin swine must be accompanied by an OCVI dated not more than 90 days prior to presentation for exhibition.

(b) Swine imported for exhibition must comply with the importation requirements set forth in Rule 5C-3.007, F.A.C. An OCVI is required for exhibition and must be dated within 30 days of entry.

(2) Identification. All swine, entered for exhibition purposes, including market class swine in a terminal swine show, must have official individual identification.

(3) Tests or Certification Required for Swine.

(a) Swine Brucellosis.

1. Florida origin swine six (6) months of age or older must test negative on an official test for swine brucellosis within 90 days prior to exhibition, or;

2. Originate from a validated brucellosis-free herd, or;

3. Originate from a commercial production swine herd as defined in subsection 5C-21.002(11), F.A.C.

(b) Pseudorabies. Florida origin swine six (6) months of age or older must test negative on an official test for pseudorabies within 90 days prior to exhibition, or;

1. Originate from a qualified pseudorabies negative herd as defined in 9 CFR §85.1 (JAN 2024), which is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17888, or ;

2. Originate from an approved commercial production swine herd as defined in Rule 5C-21.002, F.A.C.

(4) Exemptions.

(a) Market class swine for exhibition in a terminal swine show are exempt from the OCVI and testing requirements provided all animals in the terminal swine show are transported directly to a recognized slaughter establishment or approved livestock facility in designated slaughter channels, within 7 days of the show date. At the end of the terminal swine show, the swine owner(s) must ensure:

1. Swine are transported directly from the terminal swine show to the possession of a recognized slaughter establishment, within 7 days of the end of the show, or;

2. Swine are transported directly from the terminal swine show to the possession of an approved livestock facility in designated slaughter only channels, within 7 days of the show.

(b) Owners must maintain swine show records for a period of two (2) years. The records must include:

1. Official individual identification of each animal, and;

2. Individual or business name and contact phone number of the entity transporting the swine from the terminal swine show to the recognized slaughter or approved livestock facility, and;

3. The name, physical address and delivery date to the recognized slaughtering establishment, or approved livestock facility where the swine were delivered.

(c) All swine referenced in subsection 5C-4.003(4)(a), F.A.C., must be held in isolation and only commingled with other swine in slaughter channels until slaughtered.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a), 585.145(2) FS. Law Implemented 570.07(15), 570.36(1), (2), 585.08(1), (2)(a), 585.145(1), (2) FS. History–New 3-21-64, Amended 6-20-68, 1-1-71, 3-1-72, Formerly 5C-4.03, Amended 4-17-89, 1-19-95, 6-21-06, 11-21-18, 3-17-25.

Fla. Admin. Code R. 5C-4.004 Poultry, Domestic Fowl or Ratites

(1) OCVI Requirements.

(a) An OCVI is required for poultry, domestic fowl or ratites imported into Florida as specified per Rule 5C-3.012, F.A.C. An OCVI for entry into exhibition is required and must be dated within 30 days of entry or the animals must be inspected as provided in subsection 5C-4.0017(3), F.A.C.

(b) Florida origin poultry, domestic fowl or ratites presented for exhibition must be accompanied by an OCVI dated within 90 days prior to exhibition or must be inspected as provided in subsection 5C-4.0017(3), F.A.C.

(2) Test or Certification Required. All poultry or domestic fowl entered for exhibition must originate from Pullorum-Typhoid Clean flocks or hatcheries, as provided in 9 CFR §145 (Jan. 2018) and §147 (Jan. 2018), or have a negative pullorum-typhoid test within 90 days prior to exhibition. 9 CFR §145 (Jan. 2018) and §147 (JAN 2018) are hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10045.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a), 585.145(2) FS. Law Implemented 570.36(4), 585.08(2)(a), 585.145(1), (2) FS. History–Amended 4-20-67, 4-18-84, 4-4-85, Formerly 5C-4.04, Amended 6-21-87, 4-17-89, 1-19-95, 6-4-95, 6-21-06, 11-21-18, 12-8-24, Technical Change 3-9-26.

Fla. Admin. Code R. 5C-4.005 Goats or Sheep

(1) OCVI Required.

(a) Florida-origin goats or sheep presented for exhibition must be accompanied by an OCVI dated not more than 90 days prior to exhibition, except lamb or kids less than three months of age and accompanied by their dam.

(b) Goats or sheep imported into Florida for exhibition must requirements set forth in Rule 5C-3.005, F.A.C. An OCVI is required for entry into and Exhibition and must be dated within 30 days prior to entry.

(2) Identification. All goats or sheep entered for exhibition purposes must have official individual identification, except lambs or kids under three months of age accompanied by their dam that has official individual identification.

(3) Tests or Certification Required.

(a) All dairy goats imported into the state for exhibition purposes for no more than 30 days are exempted from the import testing requirements in subsection 5C-3.005(4), F.A.C., provided:

1. The animals originate from:

a. Accredited tuberculosis-free states or herds, and

b. Certified brucellosis-free herds or classified brucellosis-Class A states or areas.

2. The animals return to the state of origin within 30 days of entry into Florida, and

3. The animals’ milk is not used for human or pet consumption in Florida.

(b) Dairy goats that remain in Florida for more than 30 days must meet the brucellosis and tuberculosis import testing requirements in the subsection 5C-3.005(4), F.A.C.

(c) There are no tuberculosis or brucellosis test requirements for meat type goats, pygmy goats, or Florida-origin dairy goats.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a), 585.145(2) FS. Law Implemented 570.07(15), 570.36(1), (2), 585.08(2)(a), 585.145(1), (2) FS. History–New 11-4-76, Formerly 5C-4.05, Amended 4-17-89, 1-19-95, 6-4-95, 6-21-06, 1-3-19, 12-8-24.

Fla. Admin. Code R. 5C-4.006 Violation of Rules

History

• Rulemaking Authority 585.002(1), (2), (3), 585.004, 585.005, 585.08(2) FS. Law Implemented 585.08(2), (3), 585.007(1), (2) FS. History–New 6-29-62, Formerly 5C-4.06, Repealed 1-19-95.

Fla. Admin. Code R. 5C-4.007 Sheep

History

• Rulemaking Authority 585.002(4), 585.08(2)(a), 585.145(1), (2) FS. Law Implemented 585.08(2)(a), 585.145(1) FS. History–New 1-19-95, Repealed 6-4-95.

Fla. Admin. Code R. 5C-4.008 Equine

(1) OCVI Required.

(a) An OCVI is required for all equine imported into Florida as specified in Rule 5C-3.003, F.A.C.

(b) Equine are not required to have an OCVI for exhibition.

(2) Test or Certification Required. All Equine presented for exhibition must be accompanied by evidence of a negative official test for Equine Infectious Anemia (EIA), conducted within 12 months prior to exhibition. The negative EIA test must be reported on:

(a) Equine Infectious Anemia Laboratory Test, VS Form 10-11 (2020), as incorporated in subsection 5C-18.001(10), F.A.C.

(b) Negative EIA Test Verification Card, FDACS-09160 Rev. 08/18, as incorporated in subsection 5C-4.0016(3), F.A.C.

(c) EIA reporting form approved by the USDA and another state’s animal health official, including electronic EIA laboratory test. An electronic EIA laboratory test may be presented on an electronic device if:

1. The electronic reporting form is in the original format and has not been altered, and

2. Is of size and image quality to provide a clear, legible document; and

3. The device properly displays all document information.

(3) Exemption to Test Requirement. A foal under six (6) months of age is not required to have a negative EIA test if it is accompanied by its dam which has met the EIA test requirement.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a), 585.145(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(3), 585.145 FS. History–New 1-19-95, Amended 6-4-95, 6-21-06, 10-17-18, 12-8-24.

Fla. Admin. Code R. 5C-4.009 Other Species

History

• Rulemaking Authority 585.002(4), 585.08(2)(a), 585.145(1), (2) FS. Law Implemented 585.08(2)(a), 585.145(2) FS. History–New 1-19-95, Repealed 6-4-95.

Fla. Admin. Code R. 5C-4.010 Penalties for Violations

History

• Rulemaking Authority 585.002(4) FS. Law Implemented 585.007, 585.145(3) FS. History–New 1-19-95, Repealed 6-4-95.

Chapter 5C-5 LIVESTOCK MARKETS; DISEASED ANIMALS

Fla. Admin. Code R. 5C-5.001 Definitions

For the purpose of this chapter, the definitions provided in Sections 585.001 and 585.01, F.S., and the following shall apply:

(1) Livestock market. – Any location in the state where livestock is assembled and sold at public auction or on a commission basis during regularly scheduled or special sales. The term “livestock market” shall not include private farms or ranches or sales made at livestock shows, fairs, exhibitions, or special breed association sales.

(2) Dealer. – Any person, not a market agency, engaged in the business of buying or selling livestock either on his or her own account or as the employee, broker or agent of a vendor or purchaser. The term shall not include a person who buys or sells livestock as part of his own bona fide breeding, feeding, dairy or beef operation and is not engaged in the business of buying, selling, trading or negotiating the transfer of livestock, nor a person who receives livestock exclusively for immediate slaughter on his or her own premises.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.01, 585.145(1), (2) FS. History–Amended 9-1-72, 9-30-80, Formerly 5C-5.01, Amended 6-4-95, 2-18-20.

Fla. Admin. Code R. 5C-5.002 Diseased Animals

(1) No livestock known to be affected with any infectious, contagious or communicable disease or infested with pests which have been declared as dangerous transmissible pests shall be received or admitted into any livestock market within the state, except when separate facilities are provided for this purpose, and such diseased animals are accompanied by a permit for Movement of Restricted Animals issued by the Department pursuant to Chapter 5C-3, F.A.C.

(2) All livestock presented at livestock markets on regular sale days may be inspected by an employee of the Department and any animal showing evidence of infection with any infectious, contagious or communicable disease or infestation with pest which have been declared as dangerous transmissible pests shall be denied entry.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.003, 585.145(1), (2) FS. History–Amended 5-20-63, Formerly 5C-5.02, Amended 6-4-95, 2-18-20.

Fla. Admin. Code R. 5C-5.0021 Identification of Cattle Sold for Slaughter

Cattle over 18 months of age sold through livestock markets or by dealers to packing establishments for immediate slaughter shall be identified as to herd of origin by the application of numbered back tags supplied by the United States Department of Agriculture (USDA), or other approved method of identification as provided by Chapter 5C-31, F.A.C.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), (2) FS. History–New 1-15-69, Amended 9-1-72, 9-30-80, Formerly 5C-5.021, Amended 6-4-95, 2-18-20.

Fla. Admin. Code R. 5C-5.003 Facilities

(1) All livestock markets shall provide the following for disease control: testing facilities and personnel, inspection pens, water supply, and equipment for routine disinfection of facilities and vehicles.

(2) All livestock markets shall ensure their facilities, including all yards, docks, pens, alleys, sale rings, chutes, scales, means of conveyance, and other associated equipment, are thoroughly cleaned and disinfected as provided in 9 C.F.R. part 71, revised as of January 1, 2019, and hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11519.

(3) USDA Approved Livestock Facilities must operate in compliance with a signed USDA agreement and comply with 9 C.F.R. §71.20, revised as of January 1, 2019, and previously incorporated by reference herein.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), (2) FS. History–Amended 5-20-63, Formerly 5C-5.03, Amended 6-4-95, 2-18-20.

Fla. Admin. Code R. 5C-5.004 Record Keeping

Every livestock market and dealer shall keep complete records containing the names and addresses of persons, firms and partnerships or corporations bringing to or offering livestock for sale at such markets or to such dealers. Such records shall show the name and address of the owner of said livestock, the names and addresses of the purchaser or purchasers of said livestock, records identifying the livestock as provided in 9 C.F.R. §86.3 and the livestock’s breed, age and sex, to allow for the successful tracing of each animal to its herd of origin. Records allowing for the successful tracing of animals to their herd of origin shall be kept for two years for poultry, and swine, and for five years for cattle, cervids, equines, goats, sheep, and any animal purchased for resale and required to be officially identified as set forth in Chapter 5C-31, F.A.C., or 9 C.F.R. §86 revised as of January 1, 2019 and incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11520. These records shall be made available to the Department upon request.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.14, 585.145(1), (2) FS. History–Amended 9-1-72, 9-30-80, Formerly 5C-5.04, Amended 6-4-95, 2-18-20.

Fla. Admin. Code R. 5C-5.005 Department Employees Authorized to Enter Markets

History

• Rulemaking Authority 585.02(3), 585.08(2) FS. Law Implemented 585.003 FS. History–New 6-29-62, Formerly 5C-5.05, Repealed 6-4-95.

Fla. Admin. Code R. 5C-5.006 Disinfection of Markets

History

• Rulemaking Authority 585.02(3), 585.08(2) FS. Law Implemented 585.16 FS. History–New 5-20-63, Formerly 5C-5.06, Repealed 6-4-95.

Fla. Admin. Code R. 5C-5.007 Disinfection of Vehicles

History

• Rulemaking Authority 585.02(3), 585.08(2) FS. Law Implemented 585.16 FS. History–New 5-20-67, Formerly 5C-5.07, Repealed 6-4-95.

Fla. Admin. Code R. 5C-5.008 Violation of Rules

History

• Rulemaking Authority 585.02(3), 585.08(2) FS. Law Implemented 585.007(1), (2), 585.145(2) FS. History–New 9-30-92, Formerly 5C-5.08, Repealed 6-4-95.

Chapter 5C-6 BRUCELLOSIS

Fla. Admin. Code R. 5C-6.001 Purpose – Cattle and Bison Brucellosis

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-72, Amended 8-1-76, 3-28-77, 4-5-77, 7-27-78, 7-1-79, 9-30-80, 8-9-81, 9-14-82, 6-26-83, 2-5-85, 4-1-86, Formerly 5C-6.01, Amended 8-24-87, 6-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.0011 Laboratory Testing Procedures and Interpretation

(1) The following methods of testing shall be considered as screening tests:

(a) Milk Ring Test (BRT). This test is conducted by a state-federal laboratory on composite samples of milk collected at dairy farms. A follow-up individual serological test shall be conducted on all cattle represented in a composite sample which reacts to the test. The milk ring test may be used in conjunction with a negative herd blood test to establish a Certified Brucellosis-Free Herd.

(b) Buffered Acidified Plate Antigen (BAPA) presumptive test. This test will be used by a state-federal laboratory to classify cattle and bison negative on surveillance samples collected at slaughter or at livestock markets, on routine samples collected on farms, and on tests of suspicious and infected herds. Positive samples will be given supplemental testing to aid in classification.

(c) Standard Card Test. This test will be used by a state-federal laboratory to classify cattle and bison negative on surveillance samples collected at slaughter or at livestock markets, on routine samples collected on farms, and on tests of suspicious and infected herds. Positive samples will be given supplemental testing to aid in classification.

(d) Particle Concentration Fluorescence Immunoassay (PCFIA). All samples with results within the suspect range will be given supplemental testing to aid in classification.

(2) The following methods of testing when conducted in a state-federal laboratory shall be considered as official tests for the classification of cattle and bison with regard to brucellosis status:

(a) Standard tube agglutination test. This test may classify cattle and bison as negative, suspect, or reactor.

(b) Standard plate agglutination test. This test may classify cattle and bison as negative, suspect, or reactor.

(c) Standard card test. The standard card test is to be used as an official test to classify cattle and bison as reactors only when conditions and time are such that no other test is available, or upon request of the owner because of time or situation constraints, or in livestock markets where the standard card test has been designated as the official test. All samples tested at other than a state-federal laboratory shall be promptly submitted and confirmed at a state-federal laboratory.

(d) Rivanol test. This test may classify cattle and bison as negative, suspect, or reactor.

(e) Complement-fixation test. This test may classify cattle and bison as negative, suspect, or reactor.

(f) Semen plasma test. This test may classify bulls used for artificial insemination as negative or reactor when used in conjunction with an official serological test.

(g) Particle Concentration Fluorescence Immunoassay (PCFIA). This test may classify cattle and bison as negative, suspect, or reactor. All samples with results within the suspect range will be given supplemental testing to aid in classification.

(3) The following diagnostic procedures shall be considered as supplemental tests and, when requested by the designated epidemiologist, shall be used to aid in determining the presence or absence of blood components associated with field strains of Brucella abortus, Brucella abortus strain 19, nonspecific agglutinins, etc.:

(a) Mercaptoethanol (ME)

(b) Coombs

(c) Heat inactivation (HI)

(d) Fluorescent Antibody (FA)

(e) Enzyme Labeled Antibody (ELA)

(f) Biological culture

(g) Acid Plate Antigen (APA)

(h) Concentration Immunoassay Technology (CITE)

(4) Standard tube agglutination test and standard plate agglutination test.

(a) Non-vaccinates. Blood titer showing complete reaction in the 1:100 dilution or higher shall be classed as a reactor. Titer of not more than incomplete in the 1:100 dilution shall be classed as a suspect. Titer less than incomplete in the 1:50 dilution shall be considered negative.

(b) Official vaccinates. Blood titer showing complete reaction in the 1:200 dilution or higher shall be classed as a reactor. Titer showing any reaction in the 1:100 dilution or incomplete in the 1:200 dilution shall be classed as a suspect. Titer less than incomplete in the 1:100 dilution shall be considered negative.

(5) Standard card test. Blood showing a positive reaction to the standard card test will be classed as a reactor when only the standard card test has been conducted. Cattle and bison positive to the standard card test which are serologically negative to all other official tests which are conducted are classified as suspects.

(6) Rivanol test.

(a) The rivanol test is an official test when conducted in a state-federal laboratory. Complete agglutination at dilutions of 1:25 or more indicates a reactor in nonvaccinated animals and in vaccinated animals when the complement-fixation test is not conducted. Less than complete agglutination at the 1:25 dilution shall be considered negative.

(b) Officially vaccinated animals with agglutination complete in the 1:50 dilution or less may be classified as suspects when those interpretations are supported by complement-fixation test results of suspect or negative using the presently accepted complement-fixation test classification scheme for vaccinated animals.

(c) Incomplete or complete agglutination in the 1:100 dilution or in higher dilutions indicates a reactor in vaccinated animals.

(d) Within five months postvaccination of adult animals, a less than complete agglutination at the 1:50 dilution is considered negative.

(7) Complement-fixation test.

(a) Official vaccinates, including adult vaccinated animals beginning two months postvaccination. Animals with titers of 25 percent fixation (1 plus) in a dilution of 1:40 or higher will be classified as reactors. Animals having less than 25 percent fixation (1 plus) in 1:40 dilution, and 50 percent (2 plus) or more in a dilution of 1:10 are classified as suspects. A reaction of less than 50 percent fixation (2 plus) in the 1:10 dilution is considered negative.

(b) Other cattle and bison. A 50 percent fixation (2 plus) in a dilution of 1:20 or higher will be classed as a reactor; fixation of less than 50 percent (2 plus) in a dilution of 1:20 and 50 percent fixation (2 plus) or more in a dilution of 1:10 will be classed as a suspect; less than 50 percent fixation (2 plus) in a dilution of 1:10 will be classed as negative.

(8) Particle Concentration Fluorescence Immunoassay (PCFIA). This test may be used as a presumptive or diagnostic test with the following diagnostic criteria:

(a) Negative – values greater than 0.70.

(b) Suspect – values less than or equal to 0.70 and greater than 0.25.

(c) Reactor – values less than or equal to 0.25.

(d) Values may be interpreted differently if done by a veterinarian, qualified by education, training, and experience and certified by the United States Department of Agriculture with the concurrence of the state and termed designated epidemiologist.

(9) Semen plasma test. This test in bulls used for artificial insemination must be used in conjunction with an official serological test, and classification will be based on the maximum titer of either test.

(10) Any animal found to be infected through isolation of field strain Brucella abortus must be classed as a reactor.

(11) Evaluation of titer responses for all cattle and bison shall be the responsibility of a designated epidemiologist, who takes into consideration animal and herd history and other epidemiologic considerations.

(12) Interpretation of market tests. Blood samples collected at slaughter are considered negative if no evidence of agglutination is disclosed on the buffered acidified plate antigen test. Samples showing agglutination are classified negative if the confirmatory standard card test is negative.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92, Amended 7-5-95.

Fla. Admin. Code R. 5C-6.0012 Interpretation of Official Tests

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.0013 Identification of Tested Cattle and Bison

(1) Each grade animal tested shall be identified by an official numbered metal eartag firmly attached to the right ear at the time the blood sample is drawn for testing, unless the animal is already identified by such eartag or by permanent tattoo or brand. Each eartag number shall be accurately recorded on the test records which accompany the blood samples to the laboratory. Large numbered unique plastic bangle tags may be used additionally if correlated on test records with the official eartag.

(2) Registered purebred cattle may be eartagged for identification, or if the identification can be satisfactorily maintained by use of ear tattoo or brand letters or numbers, such identification may be used provided all such identification has been recorded in the Book of Record of a purebred registry association and is accurately recorded on the test records which accompany the blood samples to the laboratory.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92.

Fla. Admin. Code R. 5C-6.0014 Calf Vaccination

(1) All female cattle and bison 12 months of age or older born after January 1, 1984 must be officially calfhood vaccinated to be qualified to change ownership with relocation within the Class C area of the state.

(2) All female cattle and bison four months of age or older born after January 1, 1984 must be officially calfhood vaccinated to be qualified to move into or out of the Class C area of the state.

(3) All female dairy cattle four months of age or older born after January 1, 1984 must be officially calfhood vaccinated to be qualified to move into or out of the Class B area of the state.

(4) Animals not meeting the above vaccination requirements may be moved only for immediate slaughter, to a quarantined feedlot, or to a quarantined pasture and accompanied by a permit as provided for in paragraph 5C-6.0017(2)(c), F.A.C.

(5) Female calves vaccinated with Brucella abortus vaccine shall be permanently identified at the time of vaccination with the official shield tattoo “V” registered by the U.S. Department of Agriculture in the right ear, preceded by the numeral of the quarter of the year and followed by the last numeral of the year. Duplicate report covering such vaccination shall be immediately furnished to the department and constitutes the official record of vaccination. The age at which calves may be officially vaccinated shall be four to twelve months (120 to 365 days) of age. Vaccination should be performed as soon as possible after four months of age to reduce the problem of residual titers.

(6) In addition to identification of calf vaccinates as outlined in subparagraph (e), each calf receiving Brucella abortus vaccine shall be individually identified at the time of vaccination (if not already so identified by tattoo or brand) by an official vaccination eartag in the right ear including the designated state prefix, followed by the letter “V” and two letters and four numbers, such identification to be accurately recorded on the official vaccination record. Individual registration tattoos or individual animal registration brand numbers may be substituted for the official eartags.

(7) No bull calves may be vaccinated with Brucella abortus vaccine in any of the official plans for brucellosis eradication.

(8) Only approved vaccine produced under license of the U.S. Department of Agriculture shall be used in the brucellosis eradication program.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92.

Fla. Admin. Code R. 5C-6.0015 Reactors and Suspects

(1) Reactors to an official brucellosis test shall be tagged in the left ear with a reactor tag and hot-iron branded on the left jaw with the letter “B” at least two inches in height and at least two inches in width within 15 days of the date of the test in which infection was determined. Reactors so tagged and branded must be disposed of as required by subsection 5C-6.0017(1), F.A.C., within 15 days of the date of tagging and branding. An extension of time may be granted under extenuating circumstances.

(2) Reclassification. Within three days of receipt of results of an initial herd blood test, an owner may request an additional test on reactors at his expense provided such request is based on sound epidemiologic evidence and provided all animals remain under quarantine. Such test must be conducted within 10 days of receipt of results of the initial herd test. Animals initially classified as reactors may be eligible for reclassification provided a complete epidemiologic investigation of the herd is conducted and there is no evidence of brucella infection or exposure thereto; and provided final classification is determined by a designated epidemiologist. The herd must remain under quarantine pending final classification.

(3) When suspects are disclosed, an individual herd plan shall be developed for the future testing of the suspect animals and the handling of the herd. Suspects may be moved only to quarantined feedlots, quarantined pastures, or immediate slaughter. Movement may be direct or through a specifically approved livestock market, and the suspect animals must be identified and permitted in the same manner as exposed animals.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92, Amended 7-5-95.

Fla. Admin. Code R. 5C-6.0016 Suspects

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.0017 Movement of Animals from Infected Herds

(1) Reactors may be moved under permit for immediate slaughter directly to recognized slaughtering establishments or may be sold for immediate slaughter through regular sales facilities of approved livestock markets but only after sale of all other animals has been completed. Such reactors must be handled in facilities separate and apart from other animals until sold. No cattle nor bison may enter the market facilities following the sale of such reactors until the market has been cleaned and disinfected. Reactors disclosed by brucellosis testing conducted at livestock markets may be sold for immediate slaughter through the regular sales facilities at the market only after sale of all other animals has been completed. Such reactors must be handled in facilities separate and apart from other cattle until sold.

(2) Other animals:

(a) Steers and spayed heifers over six months of age may move without restriction. Spayed heifers shall be officially identified by:

1. Applying a hot-iron brand to either or both jaws using an open spade design, as used on playing cards, of not less than three inches in height, and

2. Be individually identified by eartags and certificate of spaying signed by the veterinarian who performed the surgery.

(b) Heifer calves. All heifer calves in an infected herd are included under the herd quarantine restrictions. If they are retained in the herd they should be calfhood vaccinated. These heifer calves may be moved only if they comply with the movement requirements outlined in subparagraph 5C-6.0031(4)(c)3., F.A.C. (Class Free Area), subparagraph 5C-6.0032(4)(c)5., F.A.C. (Class A Area), subparagraph 5C-6.0033(4)(c)6., F.A.C. (Class B Area), or subparagraph 5C-6.0034(4)(c)4., F.A.C. (Class C Area).

(c) Other cattle and bison from infected herds may be moved under “S” brand permit if moved by rail or motor carrier for immediate slaughter directly to recognized slaughtering establishments, quarantined feedlots, or quarantined pastures, or may be sold for immediate slaughter or to quarantined feedlots or quarantined pastures through approved livestock markets. Such animals shall be handled separate and apart from other animals until sold. No cattle or bison may enter the market facilities following the sale of such animals until the market has been cleaned and disinfected. Exposed animals moving from a premise of origin or from a livestock market to a quarantined feedlot, quarantined pasture, or to slaughter shall be hot-iron branded with the letter “S” at least two inches in height and two inches in width prior to movement, except as provided in paragraph 5C-6.0017(2)(d), F.A.C. below. The “S” brand must be placed on the left jaw or high on the tailhead (over the fourth to seventh coccygeal vertebrae).

(d) Exposed animals may move without “S” branding under the following conditions:

1. Animals moving under permit direct from a farm of origin to an approved livestock market, where they shall be identified by “S” brand upon arrival.

2. Cattle or bison returning from an approved livestock market to the herd of origin under quarantine for further testing.

3. Cattle or bison moving under permit directly from a herd of origin or an approved livestock market to a single slaughtering establishment in an officially sealed vehicle. No mixed loads of slaughter, feeder or breeding animals may be included in such shipment. The entire load must be consigned direct for slaughter with no diversion to holding feedlots, pastures, or dealer pens. The vehicle seal shall be applied only by state or federal regulatory personnel during regular working hours, or by accredited veterinarians. The permit shall list the eartag number of each animal in the shipment and the official seal number. Animals to be transported in sealed vehicles must remain on the market premises until the appropriate regulatory personnel or accredited veterinarian writes the permit and seals the vehicle. No post-authorized permits may be approved. Vehicle seals shall be broken only by state or federal regulatory personnel during regular working hours, or by accredited veterinarians or an official of the slaughter establishment designated by the meat inspector in charge.

4. Finished fed heifers moving in marketing channels directly to slaughter.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92.

Fla. Admin. Code R. 5C-6.0018 Report of Testing, Vaccinating, Tagging and Branding

(1) All tests for brucellosis shall be reported to the division. Official tests are those accomplished in a state-federal laboratory and shall be reported on official forms furnished for this purpose. Any practicing veterinarian who fails to comply with the reporting provisions of this chapter shall be subject to the loss of his accreditation.

(2) Reports covering the testing, tagging, identifying, vaccinating, or “B” branding required by this chapter must be immediately filed in duplicate with the department by the veterinarian accomplishing the work.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92.

Fla. Admin. Code R. 5C-6.0019 Herd and Premise Management

(1) Cattle and bison owners are required to practice sound herd management and sanitation procedures necessary to maintain herds free from infection as recommended by representatives of the department.

(2) Cleaning and disinfection of infected premises. Premises shall be cleaned and disinfected under regulatory supervision within 15 days following removal of reactors, or the entire herd, for slaughter. An extension of time may be considered under extenuating circumstances. Exemptions from cleaning and disinfection requirements, when indicated, may be authorized by state and federal regulatory officials.

(3) Quarantine and retest of infected herds.

(a) A brucellosis infected herd shall be quarantined and retested in accordance with an individual herd plan. Under routine conditions, retests will be conducted at approximately 30-day intervals until the herd has had a negative complete herd test occurring not less than 30 days after removal and sale for slaughter of the last reactor, and then another test to occur not less than 180 days following the removal of the last reactor. The herd test shall include all test-eligible animals in the herd. The releasing test and the six-month post quarantine test must include all nonneutered animals six months of age or older, including all animals which have been officially vaccinated for at least six months. Continuation of testing at 30-day intervals between the first and second negative herd tests is strongly recommended. Exceptions on the intervals between tests required for release of quarantine are allowable only when Brucella abortus strain 19 organisms have been isolated from the reactor animal(s) or all epidemiologic evidence is consistent with a Brucella abortus strain 19 infection and not with field strain infection. Herds with a possible strain 19 reactor on an initial herd test must be retested not less than 30 days after removal of the on-farm reactor to qualify for early quarantine release. Herds of origin of market cattle test reactors which test negative will be retested in 30 to 90 days if deemed necessary by the designated epidemiologist.

(b) An additional blood test of all test-eligible animals in the herd is required not less than six months after release of an infected herd from quarantine or not less than 10 months nor more than 16 months after removal of the last reactor.

(c) A herd management and testing plan (herd plan) for the elimination of brucellosis from each infected herd shall be developed by the herd owner, his veterinarian if so requested, and a regulatory veterinarian. The herd plan shall be formalized as a memorandum of agreement between the owner and the state-federal animal health officials, and may be reevaluated and changed as agreed to by all parties concerned to fit the individual cattleman's need. The herd plan will utilize those veterinary procedures most applicable and the proven herd management procedures necessary to assist in preventing the spread of brucellosis within the herd and thereby eradicating the disease from the herd. It shall be the responsibility of all parties to the agreement to adhere to the plan throughout the period of eradication of the disease from the herd.

(4) Services to owner. Services shall be rendered without expense to the livestock owner as long as funds for such purposes are available; however, owners are to provide for handling of their animals. Brucellosis vaccine shall be distributed without cost to owners of cattle in Florida, as long as funds for such purposes are available, and administered by employees of the department, accredited veterinarians, and approved agents of the state and federal governments. Contracts with accredited veterinarians, non-professionals, other state and federal agencies, or with the management of privately owned firms are to be used as needed to assist state and federal animal health personnel accomplish necessary sample collections, animal identification and other activities.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92.

Fla. Admin. Code R. 5C-6.00191 Market Cattle Identification, Testing, and Traceback

(1) Market cattle and bison are those animals moving in trade through auction markets or stockyards or to slaughtering establishments; also included are those animals assembled at farms or ranches that are being readied for immediate movement to markets, stockyards, or slaughtering establishments, or other sales. Such animals must be identified to the herd of origin by eartag and/or backtag prior to or at the first point of concentration in marketing channels.

(2) Animals to be tested.

(a) At slaughter establishments. All cows and bulls over two years of age are to be tested.

(b) At markets, other sales, quarantined feedlots and quarantined pastures in Class A, Class B and Class C areas. All test-eligible animals (see subsection 5C-6.00192(1), F.A.C.) over 18 months of age (as evidenced by loss of the first pair of temporary incisor teeth) must be tested unless they originate from Class Free areas, or Certified Brucellosis-Free Herds or have proof of meeting the test requirements for movement as described in subsections 5C-6.0032(4), 5C-6.0033(4), or 5C-6.0034(4), F.A.C., for Class A, B, and C areas respectively. “S” branding in lieu of testing is not authorized.

(3) Handling reactors revealed at markets. Animals revealed to be reactors as a result of tests conducted at a market will be handled the same as any other reactor. The herd of origin will be quarantined until it qualifies for release. Other animals in the lot with the reactor(s) may be “S” branded and sold or may be returned to the herd of origin under quarantine without being “S” branded.

(4) Market test reactors must be traced to the herd of origin and the herd tested as is deemed appropriate. Tracing to dealers, commission firms and such, are not considered successful tracebacks of reactors if the investigation ceases at that point and all possible herds of origin are not tested. Sold out herds to be considered as successful tracebacks shall be confirmed by documentation of total slaughter and shall have no animals remaining. Tracebacks to feedlots are successful and are to be treated as a herd and the feedlots are to be quarantined and the animals there are to be tested or slaughtered. Tracebacks to quarantined feedlots and quarantined pastures are successful as being traced to known reactor herds.

(5) Epidemiologic investigation of market test reactors.

(a) When reactors in marketing channels are positive to complement fixation, rivanol, or other supplemental test titers, the epidemiologic investigation shall include the following:

1. Contact and adjacent herds shall be identified, recorded and investigated.

2. The herd of origin must be blood tested unless the epidemiologic investigation indicates conclusively that the titers are not caused by field strains of Brucella abortus. If the investigation reveals titers were not caused by field strain Brucella abortus, and the herd is not tested, a statement will be prepared by the regulatory official indicating this was discussed with the herd owner or his representative and listing the reasons the herd was not tested. The statement shall be signed by both parties and both parties shall retain a copy.

3. In Class Free, Class A, and Class B areas, all sales following the estimated date of onset of infection shall be traced and the herds of destination identified, recorded and investigated for evidence of infection by testing. If not tested, a statement as provided in subparagraph 5C-6.00191(5)(a)2., F.A.C., above shall be executed.

4. If the herd is tested negative, it shall be retested 30 to 90 days later if deemed necessary by the epidemiologist.

(b) When reactors in market channels are negative to complement fixation, rivanol, or other supplemental tests, the herd owner will be contacted and a joint decision made to test or not to test the herd. If the herd is not tested, a memorandum of statement as provided in subparagraph 5C-6.00191(5)(a)2., F.A.C., above shall be executed. The herd shall be tested if reasonable doubt exists as to the reason for the serological response or if evidence of brucella infection is present or if the status of contact or other neighborhood herds is questionable.

(6) Exposed animals. Animals that are part of a known infected herd or that have been in contact with brucellosis reactors in marketing channels for periods of 24 hours or periods of less than 24 hours if the reactor has recently aborted, calved, or has a vaginal or uterine discharge are considered to be exposed regardless of the blood test results and must be placed under quarantine and restricted pending slaughter or testing after return to the herd of origin. Good herd management dictates that such animals be held in isolation pending further testing.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History– New 6-1-92, Amended 4-10-94.

Fla. Admin. Code R. 5C-6.00192 Herds and Herd Status

(1) A complete herd test as required by this chapter shall include all test eligible cattle or bison in the herd. Test eligible animals shall include all animals over six months of age except steers, spayed heifers, bulls less than 18 months of age, official calf vaccinates of dairy breeds under 20 months of age, and official calf vaccinates of beef breeds under 24 months of age which are not parturient (springers) or post parturient.

(2) A herd includes all cattle or bison under common ownership or supervision that are grouped on one or more parts of any single premises, or on two or more premises geographically separated but which have had an interchange movement or contact. Such contact shall be accepted as having occurred unless otherwise established by the owner and consistent with the findings of the epidemiologic investigation. Groups of animals under multiple ownership on common premises, such as community pastures, grazing association units, etc., shall also be considered as a herd. Such herds shall include all other groups of animals owned by those persons unless the epidemiologic investigation establishes that association has not occurred. For determining herd infection rates, such negative multiple ownership may be counted as separate herds at risk and only designated as a single unit when classified as infected.

(3) A Certified Brucellosis-Free Herd is a herd in any area which meets the testing requirements as provided in Rule 5C-6.002, F.A.C.

(4) Adjacent herds and contact herds. Adjacent herds, or herds sharing common pasture or having other contact with the infected herd, and herds containing previous purchases from or exchanges with the infected herd shall have an adjacent herd plan within 30 days of disclosure of the infected herd. The plan may involve testing up to the level of an infected herd. If a disagreement occurs, consultation between the herd owner, chief animal health official, the epidemiologist and the owner’s veterinarian, if requested, will be held to resolve the situation. When quarantine of the infected herd is released, the owners of the potentially exposed herds shall be notified of the desirability of a second negative herd test. If the adjacent or contact herd is not to be retested, a statement will be prepared by the regulatory official indicating that the value of a second test was discussed with the herd owner and listing the reasons why the herd was not retested. A copy of the statement will be given to the herd owner.

(5) Notice of brucellosis quarantine.

(a) State or federal program officials will notify herd owners in the immediate community about the presence of cattle and bison herds that have been placed under quarantine for brucellosis. Program officials will also notify herd owners in the immediate community when they approve the establishment of quarantined feedlots and quarantined pastures. Herd owners are to be notified by means of an educational letter delivered in person or by mail within 30 days of the date quarantines are issued. The purpose of this notification is to emphasize to owners the importance of taking appropriate actions to protect their cattle and bison against the possible spread of brucellosis as the result of the presence of an infected herd in their community. When the herd quarantine is released, or the approval of the quarantined feedlot or the quarantined pasture is terminated, the herd owners are also to be notified within 30 days by an educational letter delivered in person or by mail.

(b) The regulatory official in charge of the brucellosis program shall notify the state public health agency within 15 days of the imposition of each quarantine for brucellosis so that the agency may take appropriate steps to assist in detecting any existing human cases of brucellosis and in preventing further potential exposure of family members and employees to brucellosis.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92.

Fla. Admin. Code R. 5C-6.00193 Dealer Registration and Record Keeping

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.00194 Deadline Exceptions

Herd plan, investigation, and test deadlines as specified throughout this regulation must be followed. Approval of the state veterinarian is required to change established deadlines and such approval will be granted only when extenuating circumstances make it impossible for a given herd owner to meet the deadlines. New deadlines, consistent with program objectives, will be established immediately to accomplish the required testing at the earliest opportunity.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-1-92.

Fla. Admin. Code R. 5C-6.002 Certified Brucellosis-Free Herd Plan

(1) Establishment of Certified Brucellosis-Free Herds. A herd may be certified as brucellosis-free when it has passed at least two consecutive negative tests of all test-eligible cattle or bison not less than 10 months nor more than 14 months apart. Where the milk ring test is employed, herds may be officially certified as brucellosis-free with a minimum of four consecutive negative milk ring tests conducted at not less than 90-day intervals followed by a negative complete herd blood test conducted within 90 days after the last negative milk ring test. Additional herd tests may be conducted if the owner so desires or the regulatory agencies deem it necessary.

(2) Maintenance of Certified Brucellosis-Free Herds.

(a) For continuous certification, a herd must have a negative herd blood test conducted within 60 days before the certification anniversary date. If the recertification test is conducted within 60 days after the anniversary date, the certification period will be 12 months from the anniversary date and not 12 months from the date of the recertifying test. During the interval between the anniversary date and the recertifying test, certification will be suspended. If a herd blood test for recertification is not conducted within 60 days after the anniversary date, certification requirements become the same as for initial certification. Brucellosis ring test procedures are not used for recertifying herds.

(b) If one or more reactors are disclosed in a certified herd, it shall be considered infected and the quarantine and retest provisions of subsection 5C-6.0019(3), F.A.C., shall apply. The herd certification will be terminated until the herd again meets the requirements for initial certification. Herd retests for release of quarantine may also be used to fulfill the provisions required under paragraph (1) above. Herd certification may be reinstated without meeting the above provisions if there is epidemiologic and bacteriological culture evidence to show that reactor(s) were not infected with field strain Brucella abortus.

(c) Any animal which aborts shall be immediately isolated and a report thereof made to the chief state or federal regulatory official.

(d) Any milk fed to calves in certified herds must come from certified herds or be adequately pasteurized.

(3) Additions to Certified Brucellosis-Free Herds.

(a) Animals originating in Certified Brucellosis-Free Herds or Class Free areas may be added without test. Such animals shall not receive new herd status for sale purposes until they have passed a 60 to 120 day post-entry test.

(b) Calves under six months of age and official calf vaccinates under 20 months of age for dairy breeds and 24 months of age for beef breeds which are not parturient or post parturient may move without test from herds not known to be infected and which are not under quarantine.

(c) Test eligible cattle from herds not under quarantine in Class A, B, or C areas must have a negative blood test for brucellosis within 30 days before being added. In addition, all other requirements for interstate or intrastate movement must be met. All animals purchased from herds that are not Certified Brucellosis-Free must have a blood test 60 to 120 days after being added. Animals added to a Certified Brucellosis-Free Herd under this provision will not receive new herd status for sale purposes until they have passed a test 60 to 120 days after being added and have been included in the herd blood test on the next recertification test.

(d) Animals removed from a Certified Brucellosis-Free Herd for exhibition or other purposes and exposed to noncertified animals or premises can be returned to the herd only in accordance with paragraph 5C-6.002(3)(c), F.A.C. above.

(e) Failure on the part of the holder of a Certified Brucellosis-Free Herd certificate to comply with these rules and regulations or to maintain adequate surveillance measures and proper testing schedules will result in revocation of such certification.

(4) Purchasing a Certified Brucellosis-Free Herd.

(a) If a Certified Brucellosis-Free Herd is purchased, a negative herd blood test is not required if the purchased animals remain on the premises. The anniversary date will remain the same but a new herd certification number will be issued.

(b) If part or all of a Certified Brucellosis-Free Herd is purchased and the animals move directly to premises without other animals, they may qualify for certification without a test. A new herd certification number will be issued. The anniversary date of the new herd is established by the test date of the herd of origin or by a new herd test of the purchased animals.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–Amended 9-1-72, 8-1-76, 9-30-80, 6-26-83, Formerly 5C-6.02, Amended 8-24-87, 6-1-92.

Fla. Admin. Code R. 5C-6.0021 Whole Herd Vaccination Plan

(1) The approval of each herd selected for whole herd vaccination will be jointly given by the chief state and federal animal health officials. The vaccinating and testing of the herds selected shall be the responsibility of state or federal regulatory veterinarians.

(2) Procedures in selected herds.

(a) Infected herds.

1. In infected herds, the individual herd plan will include the use of whole herd vaccination in addition to other recognized procedures for elimination of the disease. All test eligible animals must have an official brucellosis test and all reactors must be removed for immediate slaughter. Negative female animals must be vaccinated with a reduced dose of vaccine within 10 days of the test. All eligible calves shall also be vaccinated and identified.

2. Overage vaccinates shall be identified by an official numbered metal eartag in the right ear and, in the left ear, may be further identified by a large numbered unique tag correlated on test records with the official eartag. A permanent legible individual animal registration or individual animal registration brand may be used in lieu of the official numbered metal eartag. Additionally, each animal shall be identified at the time of vaccination with an open-ended “V” hot-iron brand at least two inches in height and two inches in width on the right jaw, or by an official AV (adult vaccination) tattoo in the right ear preceded by the quarter of the year and followed by the last digit of the year in which the vaccination was done, or both.

3. The herd must be maintained in quarantine, and a first retest is recommended at two months or as early as possible following vaccination to facilitate elimination of field strain infection. Complete herd testing shall be resumed not more than six months following the initial whole herd vaccination, and shall be conducted at such intervals as are established by the designated epidemiologist. Reactor animals must be removed for slaughter following each herd test.

4. Brucellosis infected adult vaccinated beef herds shall be released from quarantine on two negative tests, the first not less than 30 days following removal of all reactors and the second not less than 180 days following removal of the last reactor, as is currently provided in subsection 5C-6.0019(3), F.A.C., for release of quarantine in infected nonvaccinated herds. Such herds shall be considered negative if all animals in the herd show titers of less than +1 at 1:40 on the CF test or less than +25 on the rivanol test. An additional herd test is required not less than six months after release of a vaccinated herd from quarantine. A post-sale retest on animals moving from previously quarantined “AV” herds before the six-months retest shall be conducted between 120 and 180 days. However, animals may be tested as early as 45 days after movement if, at the time of test, at least six months have expired since the quarantine release of the herd of origin.

5. In all herd tests, a presumptive test shall be performed on each test-eligible animal. The card, and CF and/or rivanol tests shall be performed on all presumptive test positive animals. Animals positive to any of these tests, that are not identifiable as official vaccinates, shall be classified as reactors.

6. Official vaccinates positive on the standard card test or having a titer between +2 at 1:10 to +4 at 1:20 on the CF test in herds eligible for release from quarantine shall be classified as suspects and be quarantined individually (not the whole herd) until they are card negative and less than +2 at 1:10 on the CF test.

7. Dairy Herds. All of the foregoing procedures in Rule 5C-6.0021, F.A.C., shall apply to “AV” dairy herds. In addition, dairy herds shall either be negative to the last milk ring test or all individual lactating “AV” dairy animals shall have less than a 1:16 titer by the milk ring test on individual samples of all quarters prior to release from quarantine. Any “AV” dairy herd released from quarantine which continues to be suspicious on milk ring test surveillance shall be evaluated by the designated epidemiologist and monitored with further testing as necessary to ensure that there is no evidence of field strain brucella infection in the herd.

(b) Herds which are not Certified Brucellosis-Free.

1. Persons owning herds at high risk of becoming infected with brucellosis which are not Certified Brucellosis-Free, may also request whole herd vaccination. The individual herd plan will then include the use of whole herd vaccination in addition to other recognized procedures for elimination of the disease in accordance with paragraph 5C-6.002(2)(a), F.A.C. above. All eligible calves shall be calfhood vaccinated and identified. In addition to an official eartag, all animals so adult vaccinated shall also be identified by an open-ended “V” hot-iron brand on the right jaw, or high on the hip near the tailhead or an official “AV” (adult vaccination) tattoo in the right ear or both. Following vaccination, the adult vaccinated animals will be placed under quarantine. Included in the individual herd plan shall be provisions for the herd to be tested within 30 to 120 days following vaccination, and at intervals as agreed to in the individual herd plan, until a negative test conducted at least 90 days later than the first negative test 30 days or longer after the last reactor, if any, is removed qualifies the herd to be released from quarantine.

2. Dairy Herds. All of the foregoing shall apply to “AV” dairy herds. In addition, dairy herds shall either be negative to the last milk ring test or all individual lactating “AV” dairy animals shall have less than a 1:16 titer by the milk ring test on individual samples of all quarters prior to release from quarantine. Any “AV” dairy herd released from quarantine which continues to be suspicious on milk ring test surveillance shall be evaluated by the designated epidemiologist and monitored with further testing as necessary to ensure that there is no evidence of field strain brucella infection in the herd.

3. If infection is disclosed on the pre-vaccinal or subsequent herd tests prior to quarantine release, an additional herd test is required not less than six months after release of a vaccinated herd from quarantine. A post-sale retest on the animals moving from previously quarantined “AV” herds before the six months retest is required between 120 and 180 days. Animals may be tested as early as 45 days after movement if, at the time of test, at least six months have expired since the quarantine release of the herd of origin.

(c) Certified Brucellosis-Free Herds. Under this plan, owners of Certified Brucellosis-Free Herds in an area of high risk of becoming infected with brucellosis may request whole herd vaccination. The purpose is to immediately establish a high level of resistance to the present or expected exposure from field strain Brucella abortus.

1. In herds of known status; i.e., Certified Brucellosis-Free Herds, the individual herd plan will include the following whole herd vaccination procedures in addition to other recognized procedures for prevention or control of the disease:

a. A blood sample shall be obtained from all test-eligible animals for serologic testing. If all tests are negative, the herd will be considered a Certified Brucellosis-Free Herd at high risk, but if any animals are reactors, the herd will be declared an infected herd and will follow the same rules for known infected herds as established in Rule 5C-6.0021, F.A.C.

b. In Certified Brucellosis-Free Herds at high risk, all eligible calves shall be calfhood vaccinated and identified. Within 10 days after negative serologic testing, all other female animals shall be vaccinated with a reduced dose of strain 19 vaccine and identified with an official “AV” (adult vaccination) tattoo in the right ear as well as the permanent individual official metal eartag. Following vaccination, the adult vaccinated animals will be placed under quarantine. Included in the individual herd plan shall be provisions for the herd to be tested within 30 to 180 days following vaccination. However, upon written request by the owner, the Area Veterinarian in Charge or Chief State Animal Health Official may extend the time of the first post-vaccination herd test to coordinate it with the recertification requirements. The herd must be retested at not less than 30-day intervals thereafter, until a negative test conducted at least 150 days later than the first negative test 30 days or longer after the last reactor, if any, is removed qualifies to release the quarantine. Certified Brucellosis-Free Herd status is suspended while the adult vaccinated animals remain under quarantine and is reinstated upon release from quarantine provided field strain Brucella abortus infection has not been diagnosed in the herd. During such period of quarantine, standard card test negative adult vaccinated animals in these Certified Brucellosis-Free Herds may move without restriction.

2. Dairy Herds. All of the foregoing shall apply to “AV” dairy herds. In addition, dairy herds shall either be negative to the last milk ring test or all individual lactating “AV” dairy animals shall have less than a 1:16 titer by the milk ring test on individual samples of all quarters prior to release from quarantine. Any “AV” dairy herd released from quarantine which continues to be suspicious on milk ring test surveillance shall be evaluated by the designated epidemiologist and monitored with further testing as necessary to ensure that there is no evidence of field strain brucella infection in the herd.

3. If infection is disclosed on the pre-vaccinal or subsequent herd tests prior to quarantine release, an additional herd test is required not less than six months after release of a vaccinated herd from quarantine. A post-sale retest on the animals moving from previously quarantined “AV” herds before the six months retest is required between 120 and 180 days. Animals may be tested as early as 45 days after movement if, at the time of test, at least six months have expired since the quarantine release of the herd of origin.

(3) Animals moved into adult vaccinated herds must originate in brucellosis negative herds and be negative to an official brucellosis test within 10 days prior to entry. Calves under six months and official calfhood vaccinates under 20 months for dairy breeds and 24 months for beef breeds which are not parturient or post parturient are exempt from the test requirements. Unvaccinated females must be vaccinated with strain 19 brucella vaccine before being placed in the herd.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–Amended 9-1-72, 8-1-76, 9-30-80, 6-26-83, 2-5-85, Formerly 5C-6.021, Amended 8-24-87, 6-1-92.

Fla. Admin. Code R. 5C-6.003 Classification of Areas

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-72, 8-1-76, 9-30-80, 6-26-83, 4-1-86, Formerly 5C-6.03, Amended 6-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.0031 Class Free Area

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-26-83, Formerly 5C-6.031, Amended 8-24-87, 6-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.0032 Class A Area

Movement of animals on change of ownership within, into, or from Class A areas for the following purposes.

(1) Feeding.

(a) Movement into quarantined feedlots or quarantined pastures. Quarantined pastures are not allowed in Class Free Areas. Quarantined feedlots may exist in Class Free Areas for intrastate movements only.

1. Exposed animals from quarantined herds, except steers and spayed heifers, must be “S” hot-iron branded before movement and accompanied by an “S” brand permit (VS-1-27).

2. Untested test-eligible animals from other herds (including Certified Brucellosis-Free Herds) may move to quarantined feedlots or quarantined pastures without test restrictions. However, all parturient cattle must be tested upon entry into a quarantined feedlot. An official certificate of veterinary inspection is required for movement between areas. Exceptions to the “S” branding and “S” brand permits are allowed for finished fed heifers moving directly to immediate slaughter at recognized slaughtering establishments and for exposed animals where movement to slaughter does not require rail or motor carrier transportation.

(b) Movement into other feedlots. Requirements are the same as for breeding animals.

(2) Immediate slaughter.

(a) Exposed animals from quarantined herds shall be “S” hot-iron branded and move with an “S” brand permit to recognized slaughtering establishments or state-approved livestock markets for sale for immediate slaughter. In lieu of “S” branding, the animals may move directly to slaughter from such livestock markets or a farm of origin in sealed vehicles accompanied by an “S” brand permit (VS-1-27).

(b) Animals from nonquarantined herds may move to recognized slaughtering establishments or to state-approved livestock markets for sale for immediate slaughter without test restrictions if identity to source is maintained.

(3) Breeding animals.

(a) Test-eligible animals from Certified Brucellosis-Free Herds can move without test requirements if identity to source is maintained. An official certificate of veterinary inspection is required for movement between areas.

(b) A negative test within 30 days is required prior to movement from the farm of origin directly to the farm of destination. Animals may be moved from a farm of origin directly to a specifically approved stockyard for the required negative test. A 45 – 120 day post-movement test is strongly recommended.

(c) Steers and spayed heifers from any herd and official calfhood vaccinates of the dairy breeds under 20 months of age, official calfhood vaccinates of the beef breeds under 24 months of age which are not parturient or post parturient, or nonvaccinated animals less than 18 months of age from nonquarantined herds can move without test or certification restrictions.

(d) If the animals are from a herd not known to be infected, and the animals being moved have not changed ownership and are not going to change ownership, and if the animals are from herds which have had a complete herd test within 12 months and if any animals which were added to the herd after the herd test were also tested and, further, if the animals being moved have not come in contact with animals not meeting these requirements, then the additional testing requirements of subparagraph 5C-6.0032(4)(c)3., F.S.C., are not required. (The intent of this exception is to allow grazing associations, farmers, and ranchers to follow normal ranching operations although crossing jurisdictional boundaries during such movements without subjecting their animals to unnecessary handling and testing.)

(e) Calves from infected herds. All calves in an infected herd are included under the herd quarantine restrictions. If heifer calves are retained in the herd they should be calfhood vaccinated. These calves may be moved only if they comply with the requirements of sub-subparagraph 5C-6.0032(4)(c)6.a. or 5C-6.0032(4)(c)6.b., F.A.C. below:

1. The heifer calves must be “S” hot-iron branded or spayed, or

2. If retained on the farm:

a. The heifer calves must be quarantined and held separate and apart from the infected adult herd after weaning until they are negative on an official test following the completion of their first calving, or

b. If the heifer calves remain in the infected adult herd, the entire herd shall not be released from quarantine until all the heifer calves have matured and calved, then the entire herd must be tested negative for brucellosis to qualify for quarantine release.

(f) It is recommended that all female breeding stock be calfhood vaccinated.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History– New 6-26-83, Amended 2-5-85, Formerly 5C-6.032, Amended 8-24-87, 6-1-92, 4-10-94, 7-5-95.

Fla. Admin. Code R. 5C-6.0033 Class B Area

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-26-83, Formerly 5C-6.033, Amended 8-24-87, 6-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.0034 Class C Area

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 6-26-83, Formerly 5C-6.034, Amended 8-24-87, 6-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.004 Certified Brucellosis Free Area

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-72, 8-1-76, 9-30-80, Formerly 5C-6.04, Repealed 6-26-83.

Fla. Admin. Code R. 5C-6.0041 Movements into and within Noncertified Areas

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-72, 8-1-76, 9-30-80, Formerly 5C-6.041, Repealed 6-26-83.

Fla. Admin. Code R. 5C-6.005 Quarantined Feedlots and Quarantined Pastures

(1) Quarantined feedlots. A quarantined feedlot is defined as a confined area under official state quarantine and approved jointly by state and federal animal health officials. Adequate procedures must be maintained to account for all animals entering or leaving the quarantined feedlot. Such quarantined feedlots shall be approved annually. All animals in a quarantined feedlot shall be classified as exposed to brucellosis. No breeding or “two-way” animals shall be allowed in the quarantined feedlot. The feedlot shall be maintained for finish feeding of animals in drylot. If provisions for pasturing or grazing adjacent to the feedlot premises are needed, it must be approved as designated below. All animals except steers and spayed heifers leaving such feedlot must go directly to slaughter; or may be moved directly to another quarantined feedlot with a permit from the state animal health official; or may be hot-iron “S” branded at the feedlot and moved to a specifically approved stockyard or state-approved livestock market to be sold for movement with a federal permit issued at the market directly to another quarantined feedlot or directly to slaughter. Animals originating in any herd in any area may be consigned without test directly to a quarantined feedlot or to a specifically approved stockyard or state-approved livestock market for sale and shipment directly to a quarantined feedlot. All test-eligible animals (see subsection 5C-6.00192(1), F.A.C.) over 18 months of age (as evidenced by the loss of the first pair of temporary incisor teeth) must be tested upon arrival unless they originate from a Class Free Area or from Certified Brucellosis-Free Herds or have proof of a negative test (copies of such proof to be maintained in the quarantined feedlot records) within the previous 30 days. Any reactors disclosed shall remain in the quarantined facility without further identification until removed for slaughter. They shall be traced and handled as any other MCI reactor. Animals consigned to a quarantined feedlot shall not be diverted en route for any other purpose. All animals, (except steers and spayed heifers) shall be permanently identified with a “S” hot-iron brand either on the left jaw or high on the tailhead (over the fourth to the seventh coccygeal vertebrae) upon entering such feedlots.

(2) Requirements for pasture or grazing areas adjacent to a Quarantined Feedlot.

(a) The pasture or grazing area must be located adjacent to the Quarantined Feedlot and must be jointly approved by state and federal animal health officials. It must be enclosed by a double fence (two fences at least 10 feet apart) to eliminate the possibility of direct contact of the quarantined animals with neighboring grazing or breeding animals.

(b) All herd owners with premises which are adjacent to the Quarantined Feedlot's pasture or grazing areas must receive prior notification of this proposed action and must give their written approval.

(c) Records of cattle movements into and out of the pasture or grazing areas must be kept and handled the same as records for the movement of cattle within the feedlot. This will provide inspectors the same surveillance opportunity that exists within the Quarantined Feedlot.

(3) Feedlots. A feedlot is defined as a confined drylot area for finish feeding animals on concentrated feed with no facilities for pasturing or grazing. Animals entering feedlots must meet all required testing procedures at origin and at destination. The feedlot must be treated as a herd if infection is traced to it by surveillance procedures or by epidemiologic measures, and the breeding animals and feedlot will be quarantined until released by testing procedures or slaughter.

(4) A quarantined pasture is defined as a confined grazing area under official state quarantine and approved jointly by state and federal animal health officials. The quarantined pasture shall be for the purpose of utilizing available forage to grow or improve the flesh condition of animals. A quarantined pasture shall not be used for breeding purposes and animals in the pasture must all be the same sex or neutered. The quarantined pasture will be approved for a specific period which shall not exceed 10 months. The pasture shall receive only intrastate animals and no interstate movements shall be made from it except to quarantined feedlots or directly to slaughter.

(5) All test-eligible animals (see subsection 5C-6.00192(1), F.A.C.) over 18 months of age (as evidenced by the loss of the first pair of temporary incisor teeth) must be tested upon arrival unless they originate from a Class Free Area or from Certified Brucellosis-Free Herds or have proof of a negative test (copies of such proof to be maintained in the quarantined pasture records) within the previous 30 days. Any reactors disclosed shall remain in the quarantined facility without further identification until removed for slaughter. They shall be traced and handled as any other MCI reactor.

(6) All animals in a quarantined pasture shall be classified as exposed to brucellosis. All animals except steers and spayed heifers shall be permanently identified by an “S” hot-iron brand on the left jaw or high on the tailhead (over the fourth to seventh coccygeal vertebrae) upon entering the pasture if not already so identified.

(7) All animals, including calves born in the quarantined pasture, must vacate the premises prior to the expiration of the specific period of approval. Calves born in the quarantined pasture shall be hot-iron “S” branded before movement. Movement from the quarantined pasture, except for steers and spayed heifers, shall be only under “S” brand permit to immediate slaughter or to a quarantined feedlot.

(8) The establishment of a quarantined pasture must be approved by the Deputy Administrator of the U.S. Department of Agriculture, Animal and Plant Health Inspection Service, upon request and justification by state animal health officials.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–Amended 9-1-72, 8-1-76, 9-30-80, 6-26-83, 4-1-86, Formerly 5C-6.05, Amended 6-1-92, 7-5-95.

Fla. Admin. Code R. 5C-6.0051 Quarantined Pastures

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-72, 8-1-76, 9-30-80, 6-26-83, 4-1-86, Formerly 5C-6.051, Amended 6-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.006 Purpose and Requirements - Swine Brucellosis

(1) All swine are subject to test. All swine in Florida are subject to brucellosis testing and the owner or custodian is required under receipt of official notice from the Florida Department of Agriculture and Consumer Services to present his swine for test as directed.

(2) Official test. The following methods of brucellosis testing shall be considered official:

(a) The standard tube agglutination test accomplished by a state-federal laboratory upon blood samples collected by accredited veterinarians, or by such persons as may be authorized by the chief state and federal animal health regulatory officials.

(b) The standard card test conducted by representatives of the department or by such persons as may be authorized by the chief state and federal animal health regulatory officials.

(c) The semen plasma test, in boars used for artificial insemination, when used in conjunction with the standard card test or the standard tube agglutination test. Classification of animals will be based on the maximum titer of either test.

(3) Definition of reactor, suspect, and negative.

(a) A reactor to the brucellosis test is defined as follows:

1. Any swine that discloses complete standard tube test agglutination reactions to the blood titer dilution of 1:100 or higher.

2. Any swine having a complete reaction in the 1:25 dilution or higher, in an infected herd or in a herd of unknown status due to an incomplete herd test.

3. Any swine disclosing a positive standard card test reaction or are found infected by other diagnostic procedures.

(b) Standard card test-positive swine disclosed in a herd which is otherwise serologically, bacteriologically and epidemiologically negative may be considered as suspects and held under quarantine until subjected to subsequent tests to determine the status of the animals.

(c) A negative animal to the brucellosis test is defined as follows:

1. Any swine from an infected herd or herd of unknown status that discloses a standard tube test agglutination reaction of less than complete agglutination in the blood titer dilution of 1:25.

2. Any swine from a validated herd, a herd not known to be infected in a validated area, or on a complete herd test that discloses a standard tube test agglutination reaction of less than complete agglutination in the blood titer dilution of 1:100.

3. Any swine which gives no reaction to the brucellosis standard card test.

(4) Identification of tested swine. Each animal tested shall be individually and permanently identified by a numbered metal eartag or tattoo unless the animal is already identified by such eartag or tattoo. Registered purebred swine may be eartagged for identification, or if positive identification can be satisfactorily maintained by use of ear tattoo or ear notch, such identification may be used, providing all such identification has been recorded in the book of record of a purebred registry association and is accurately recorded on the reports which accompany the blood samples.

(5) Identification of reactor swine. Reactor swine are to be permanently identified by placing an approved reactor eartag in the left ear.

(6) Quarantine and quarantine release. All swine in infected herds must be placed under quarantine and be confined to the premises until free of brucellosis or sold for slaughter under permit. Two consecutive negative herd tests are required for release of quarantine, with the first test occurring not less than 30 days after the removal of all reactors, and the second test to occur not less than 90 days following the first negative test. Herds of origin of market swine test (MST) reactors which fail to reveal additional reactors on a test of the entire herd would not be required to be held under quarantine for additional testing unless evidence suggestive of brucellosis infection or exposure thereto is present.

(7) Disposition of reactors and other swine from infected herds. Reactors must be sold for slaughter and be removed from the premises within 15 days of the date of identification. Reactors and other swine from infected herds may be moved under permit for immediate slaughter directly to recognized slaughtering establishments or may be sold for immediate slaughter through the regular sales facilities of public auction markets. Reactor swine upon delivery to the slaughtering establishment shall be slaughtered as soon as practicable. The time may be extended for reasons mutually acceptable to the chief state and federal regulatory officials.

(8) Reports of testing and tagging. Reports covering the testing (official or private), tagging, or identifying as required by this chapter must be immediately filed with the department by the veterinarian accomplishing the work.

(9) Herd management. Swine owners are required to practice sound herd management and sanitation procedures necessary to maintain herds free from infection as recommended by representatives of the department.

(10) Cleaning and disinfection of infected premises. Premises shall be cleaned and disinfected under regulatory supervision within 15 days following removal of the reactors or the entire herd for slaughter. An extension of time may be granted under extenuating circumstances. Exemptions from the cleaning and disinfection requirements, when indicated, can be authorized by the chief state and federal regulatory officials.

(11) Services to owners. Services shall be rendered without expense to the owner as long as funds for such purposes are available; however, owners are to provide for the handling of their animals. Contracts with accredited veterinarians, nonprofessionals, other state and federal agencies, or with the management of privately owned firms are to be used as needed to assist state and federal animal health personnel accomplish necessary sample collections, animal identifications and other activities.

(12) Successful traceback of MST reactors. A successful traceback occurs when the premises or herd of origin of a MST reactor is located and the herd is tested. If the herd has been dispersed or a significant portion of the herd has been dispersed, the herd(s) of destination of these dispersed animals must be located and the brucellosis status of these dispersed animals established by official blood test to claim a successful traceback. Further testing in the herd(s) of destination shall be conducted as is deemed necessary by the designated epidemiologist. If all animals at the premises of origin were sold for slaughter, a successful traceback can also be claimed. However, if some animals were not sold for slaughter, then the animals sold for return to farms must be traced and tested at destination to claim successful traceback. Tracing to dealers, feedlots, commission firms, and such, are not considered successful tracebacks of reactors.

(13) Exposed swine. Swine that are part of a known infected herd or have been in contact with brucellosis reactors in marketing channels for periods of 24 hours or periods of less than 24 hours if the reactor has recently aborted, farrowed, or has a vaginal or uterine discharge, are considered to be exposed regardless of the blood test results and must be placed under quarantine and restricted pending slaughter or testing after return to the herd of origin.

(14) Terminating validation status. Herd or area validation status may be terminated at any time during the period if the herd or area does not maintain adequate surveillance measures or fails to comply with quarantine, testing schedules, initial testing schedule for suspicious herds detected by the surveillance measures, or proper disposal of reactors unless legal action has been instituted and is in progress.

(15) Reinstating validation status. When herds or areas lose validation status because of deficiencies in levels of surveillance or in procedures necessary for locating infected herds, controlling infected or exposed swine, and eliminating infected swine as prescribed under the various plans and procedures, the validation status may be reinstated upon presentation of sufficient evidence showing that the deficiencies have been corrected. Areas in which the deficiencies have not been corrected within six months of the termination of the status must qualify as for initial validation.

(16) Market test swine. Includes sows, boars, and stags moving in trade through auction markets, stockyards, buying stations, or to slaughter establishments; also included are those sows, boars, and stags assembled at farms or ranches that are being readied for immediate movement to markets, stockyards, or slaughtering establishments or other sales.

(17) Feedlot. A feedlot is defined as a confined drylot area for finish-feeding swine on concentrated feed with no facilities for pasturing or grazing. All swine in feedlots must be held separate and apart from all breeding swine.

(18) Herd test. The herd test must include all breeding swine six months of age and older. All swine being held for feeding purposes are exempt from herd test requirements provided they are maintained separate and apart from all breeding swine.

(19) Infected herd. A herd in which any of the swine discloses a standard tube test agglutination reaction of complete 1:100 or higher or is positive on the standard card test. The herd may be reclassified by a qualified epidemiologist on the results of additional diagnostic procedures if the percentage of reactor animals is less than five percent.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.145 FS. History–Amended 9-1-72, 8-1-76, 9-30-80, 6-26-83, Formerly 5C-6.06, Amended 6-1-92.

Fla. Admin. Code R. 5C-6.007 Handling of Infected Swine Herds

If infection is disclosed in swine herds, one of the following plans shall be selected for eradicating the disease and for subsequently qualifying the herd for Validated Brucellosis-Free status, if desired. Infected herds under test for area validation status shall also choose one of these plans to eradicate brucellosis from the herd.

(1) Plan 1: Infected commercial herds.

(a) The entire herd shall be disposed of for slaughter as soon as practicable.

(b) All buildings and equipment and as much of the hog lots as possible shall be thoroughly cleaned and disinfected.

(c) Replace with stock from validated or negative herds, if possible, placing them on clean ground that has been free of swine for at least 30 days.

(2) Plan 2: Infected purebred herds desiring to retain valuable blood lines.

(a) Separate pigs from sows at 28 days of age or younger, and isolate.

(b) Market infected herd for slaughter as soon as practicable. Infected sows shall not be rebred and shall be slaughtered as soon as possible. Complete isolation of infected animals is required. The separated weanling pigs form the nucleus for establishment of the brucellosis-free herd.

(c) Test gilts to be used for the following season about 30 days before breeding. Save only gilts which are negative and breed these only to negative boars.

(d) Retest gilts after farrowing and before moving them from the individual farrowing pens or crates. Should reactors be found, they should be segregated from the remainder of the herd and slaughtered as soon as possible. Only pigs from negative sows should be selected for breeding gilts.

(e) Repeat this process until the herd is negative. The herd is eligible for release from quarantine upon passing three consecutive negative tests 60 to 90 days apart, with the first test not less than 30 days after removal of the last reactor.

(3) Plan 3: Herds with light infection (only a few reactors and where no clinical signs of brucellosis have been noted).

(a) Remove reactors for slaughter.

(b) Retest the herds at 30-day intervals, removing reactors for slaughter until entire herd is negative.

(c) This plan shall be abandoned if the herd is not readily freed of infection.

(d) A herd is eligible for quarantine release upon passing three consecutive negative tests 60 days apart.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.145 FS. History–Amended 9-1-72, 8-1-76, 9-30-80, 6-26-83, Formerly 5C-6.07, Amended 6-1-92.

Fla. Admin. Code R. 5C-6.008 Validated Brucellosis-Free Herds

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.145 FS. History–New 6-26-83, Amended 2-5-85, Formerly 5C-6.08, Amended 6-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.009 Validated Brucellosis-Free Areas

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.145 FS. History–New 9-1-72, Amended 8-1-76, 9-30-80, 6-26-83, 2-5-85, Formerly 5C-6.09, Amended 6-1-92, Repealed 7-5-95.

Fla. Admin. Code R. 5C-6.010 Feedlots for Swine

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), (3), 585.11(1), (2), 585.155(1), (2), (3), (4) FS. History–New 9-1-72, Amended 9-1-72, 9-30-80, Formerly 5C-6.10, Repealed 7-5-95.

Chapter 5C-7 BOVINE TUBERCULOSIS

Fla. Admin. Code R. 5C-7.001 Test Required

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.15, 585.16 FS. History‒Amended 7-1-70, Formerly 5C-7.01, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.002 Official Test

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.15, 585.16 FS. History‒Amended 8-20-64, Formerly 5C-7.02, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.003 Veterinarian Reports

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.19 FS. History‒Amended 7-15-64, Formerly 5C-7.03, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.004 Infected Herds; Quarantine, Epidemiological Survey

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.16 FS. History‒New 1-20-63, Amended 8-20-64, 7-1-71, Formerly 5C-7.04, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.005 Isolation

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.16 FS. History‒Amended 8-20-64, Formerly 5C-7.05, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.006 Branding

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.15, 585.16 FS. History‒New 12-20-62, Amended 7-15-64, Formerly 5C-7.06, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.007 Disinfection

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.16 FS. History‒New 12-20-62, Amended 7-15-64, Formerly 5C-7.07, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.008 Indemnity

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.10, 585.11(1), (2) FS. History‒Amended 1-20-63, Formerly 5C-7.08, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.009 Slaughtering

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(3), 585.11(1), (2) FS. History‒Amended 1-20-63, Formerly 5C-7.09, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.010 Dairies; Milk

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16 FS. History‒Amended 12-20-62, Amended 7-15-64, Formerly 5C-7.10, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.011 Establishment of Accredited Tuberculosis Free Herd Certificate

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2) FS. History‒New 1-20-63, Amended 8-20-64, Formerly 5C-7.11, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.012 Maintenance of Accredited Tuberculosis Free Herd Certificate

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2) FS. History‒New 1-20-63, Amended 8-20-64, 7-1-71, Formerly 5C-7.12, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.013 Modified Accredited Area Plan

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2) FS. History‒Amended 1-20-63, Amended 8-20-64, Formerly 5C-7.13, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.014 Accredited Area Plan

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2) FS. History‒New 8-20-64, Formerly 5C-7.14, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.015 Penalty

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2) FS. History‒Amended 1-20-63, Formerly 5C-7.15, Repealed 10-6-93.

Fla. Admin. Code R. 5C-7.016 Definitions

(1) Accredited Tuberculosis-Free Herd (Cattle, Bison or Dairy Goats). A herd of one of these species that has passed at least two consecutive annual herd tests of all eligible animals, has no other evidence of bovine tuberculosis, and meets the standards of this chapter.

(2) Accredited Tuberculosis-Free Herd (Cervidae). A herd of cervidae that has passed at least three consecutive annual herd tests of all eligible animals, has no other evidence of bovine tuberculosis, and meets the standards of this chapter.

(3) Accredited Tuberculosis-Free State. A state which maintains full compliance with all of the provisions of this chapter and where no evidence of bovine tuberculosis has been disclosed for five or more years.

(4) Accredited Veterinarian. A veterinarian approved by the Deputy Administrator, United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services (USDA, APHIS, VS), in accordance with provisions of 9 C.F.R. 161 (1992), to perform certain functions of federal and cooperative state-federal programs.

(5) Affected Herd. A herd of cattle, bison, dairy goats, or cervidae which contains or has contained one or more animals infected with Mycobacterium bovis (M. bovis), and which has not passed the required tests prescribed by this chapter for release from quarantine.

(6) Annual Herd Tests. Tests conducted at intervals of not less than 10 months nor more than 14 months.

(7) Approved Full-Time State or Federal Veterinarian. A veterinarian employed full-time by the Florida Department of Agriculture and Consumer Services or by the USDA and who has received special training and approval to conduct the comparative cervical test.

(8) Bison. Bovine-like animals of the genus Bison, also commonly referred to as American buffalo or buffalo.

(9) Blood Tuberculosis (BTB) Test. A supplemental test for bovine tuberculosis in cervidae. The BTB test may be used as a supplemental test to establish the disease status of a herd.

(10) Bovine Tuberculosis. A disease in cattle, bison, dairy goats, or cervidae caused by M. bovis.

(11) Cattle. All domestic animals of the genus Bos, regardless of age.

(12) Caudal Fold Test. The intradermal injection of 0.1 milliliter of USDA Bovine Purified Protein Derivative (PPD) Tuberculin into either side of the caudal fold, with a reading by visual observation and palpation 72 hours (plus or minus six hours) following injection.

(13) Cervidae. All species of deer, elk and moose raised under agricultural conditions for the production of meat, the production of other agricultural products, sport, or exhibition.

(14) Comparative Cervical Test (CCT). The intradermal injection of biologically balanced bovine PPD tuberculin and avian PPD tuberculin at separate sites in the cervical area and a determination as to the probable presence of bovine tuberculosis by comparing the responses of the two injection sites 72 hours (plus or minus six hours) following injection.

(15) Compatible Lesion. A pathological tissue change which has characteristics comparable to tissue changes caused by M. bovis.

(16) Dairy Goats. Domestic animals of the genus Capra, kept for the purpose of producing milk for human consumption.

(17) Department. The Florida Department of Agriculture and Consumer Services.

(18) Epidemiologist. A veterinarian who has received a master’s degree in epidemiology or has completed a course of studying epidemiology sponsored or approved by USDA, APHIS, VS.

(19) Exposed Animals. Cattle, bison, dairy goats, swine or cervidae exposed to bovine tuberculosis by reason of association with known tuberculous animals.

(20) Group. One or more animals.

(21) Herd. A group of cattle, bison, dairy goats or cervidae maintained on common ground; or two or more groups of cattle, bison, dairy goats or cervidae under common ownership or supervision, geographically separated, but which have an interchange or movement without regard to health status.

(22) Herd Depopulation. Removal of all cattle, bison, swine, or cervidae in a herd which have been exposed to bovine tuberculosis, directly to slaughter prior to any restocking of the premises with cattle, bison, swine or cervidae.

(23) Modified Accredited State. A state which is actively participating in the eradication of bovine tuberculosis and which maintains its status in accordance with the provisions of this chapter.

(24) Natural Additions. Animals born and raised in a herd.

(25) Negative Animals. Any cattle, bison, dairy goats, or cervidae that show no response to a tuberculin test or have been classified negative by the testing veterinarian following the application of the CCT.

(26) No Gross Lesion (NGL) Animals. Any cattle, bison, dairy goats, or cervidae which do not reveal (a) lesion(s) of bovine tuberculosis upon postmortem inspection. An animal with skin lesions only will be considered in the same category as an NGL animal.

(27) Official Eartag. A metal identification eartag which provides unique identification for each individual animal by conforming to the nine-character, alpha-numeric National Uniform Eartagging System in accordance with provisions of 9 C.F.R. 78.1.

(28) Permit. USDA, APHIS, VS Form 1-27, issued by a USDA representative, state representative, or accredited veterinarian, is required to accompany reactor, suspect, or exposed cattle, bison, swine, or cervidae to slaughter or when moved for any other purpose. It will list the reactor tag number or official eartag number in the case of suspect cattle, bison or cervidae, and exposed cattle, bison, swine, or cervidae; owner’s name and address; origin and destination locations; number of cattle, bison, swine, or cervidae covered; and the purpose of the movement. No diversion from the permitted destination is allowed.

(29) Reactor. Any cattle, bison, dairy goat, or cervid which shows a response to a tuberculin test and is classified a reactor by the testing veterinarian.

(30) Regional Tuberculosis Epidemiologist. The epidemiologist who is assigned to the USDA, APHIS, VS Regional Office with responsibility to provide technical oversight of all tuberculosis regulation in the region.

(31) Single Cervical Test (SCT). The intradermal injection of 0.1 milliliter of USDA Bovine PPD Tuberculin in the cervical (neck) region with a reading by visual observation and palpation 72 hours (plus or minus six hours) following injection.

(32) Suspect. Any cattle, bison, or dairy goat which shows a response to the caudal fold test and is not classified as a reactor or which has been classified as a suspect by a CCT; and a cervid which shows a response to the SCT and has not been classified as a reactor.

(33) Tuberculin. A product that is approved by and produced under license of the USDA for injection into cattle, bison, dairy goats, or cervidae for the purpose of detecting bovine.

(34) Tuberculin Test. A test for tuberculosis applied and reported by approved personnel in accordance with this chapter.

(35) Forms and Materials. Title 9 C.F.R. 161 (1992) and 78.1 (1992) and USDA, APHIS, VS Form 1-27, effective Dec. 1980, are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.002(3), 585.08(2), 585.145(1), (2), 585.15, 585.16 FS. History–New 10-6-93.

Fla. Admin. Code R. 5C-7.017 Test Required

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.15, 585.16 FS. History‒New 10-6-93, Repealed 7-5-95.

Fla. Admin. Code R. 5C-7.018 Veterinarian’s Reports

(1) Any veterinarian who administers a tuberculin test is required to file a report of such test, using USDA, APHIS, VS Form 6-22, with the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Tallahassee, Florida 32399-0800.

(2) Any veterinarian who determines by physical examination, tuberculin test, or by any other means, that tuberculosis exists in any livestock in Florida, must immediately report such determination to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Tallahassee, Florida 32399-0800, using USDA, APHIS, VS Form 6-22.

(3) Forms. USDA, APHIS, VS Form 6-22, effective August 1963, is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.19 FS. History–New 10-6-93.

Fla. Admin. Code R. 5C-7.019 Test Requirements and Official Tests

(1) Test Required. All cattle, bison, dairy goats and cervidae in Florida are subject to testing for tuberculosis. Upon receipt of official notice from the department, the owner or custodian is required to present his animals for test as directed.

(2) Tests for the determination of tuberculosis in cattle, bison, or dairy goats are:

(a) The intradermal caudal fold test when administered by an accredited veterinarian;

(b) The SCT when administered by a full-time state or federal veterinarian in herds where advanced tuberculosis has been disclosed; and

(c) The CCT when administered by an approved full-time state or federal veterinarian.

(3) Tests for the determination of tuberculosis in cervidae are:

(a) The SCT when administered by an accredited veterinarian;

(b) The CCT when administered by an approved full-time state or federal veterinarian; and

(c) The BTB test when administered by an accredited veterinarian at the owner's expense as a supplemental test to establish the disease status of a herd.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.15, 585.16 FS. History–New 10-6-93, Amended 7-5-95.

Fla. Admin. Code R. 5C-7.020 Infected Herds; Quarantine, Retests, Epidemiological Survey, and Slaughter

(1) Cattle, Bison or Dairy Goats.

(a) When any animal in a herd reacts to the tuberculin test or is otherwise determined to be infected with tuberculosis, the herd and premises will be immediately placed under quarantine. Said quarantine will continue until the entire herd has passed a negative tuberculin test at least 60 days after the date on which infection was disclosed. If lesions of tuberculosis are found at slaughter in one or more reactors, or if lesions of tuberculosis are found at slaughter in animals directly traceable to the herd, two negative tests at intervals of not less than 60 days will be required for release of quarantine. During the quarantine, no animals may move onto or from the premises except under authority of a permit. Two complete annual herd tests will be conducted after release from quarantine; the first will be administered approximately one year after quarantine release.

(b) All animals classified as reactors will be immediately branded on the left jaw with the letter “T” not less than two (2) inches in height and will be tagged in the left ear with an official TB reactor tag as provided in 9 C.F.R. 77.5(a)(1).

(c) A complete epidemiological survey will be made by appropriate state or federal personnel on all herds in which reactors are disclosed.

(d) When the presence of M. bovis has been confirmed by culture, depopulation of the herd remains the procedure of choice. Otherwise, the herd will remain under quarantine until it has passed two negative tuberculin tests at intervals of not less than 60 days and one additional negative tuberculin test not less than six months after the second negative 60-day test. Five annual tests on the entire herd will be administered following the release from quarantine.

(e) Cattle, bison or dairy goats that react to a test will be immediately segregated from all non-reacting animals. They will be maintained in strict isolation at the owner's expense until moved for slaughter under authority of a permit. No animal may be retested if at any time it has been designated as a reactor.

(f) All premises where reactors have been disclosed will be cleaned and disinfected under the supervision of a representative of the department within 15 days after the removal of the reactors and exposed animals.

(g) Dairies, milk. The use of tuberculosis reactor cattle or dairy goats in dairies is strictly prohibited and the milk and milk products of a reactor shall not be sold nor shall it be used for human consumption or for consumption by other animals.

(2) Cervidae.

(a) Herd Quarantine. All herds in which reactors are disclosed will be quarantined. Reactor or exposed animals must remain on the premises unless a permit for movement has been obtained. If a change in destination becomes necessary, a new permit must be prepared. Movement for immediate slaughter must be directly to a slaughtering establishment where state or federal inspection is administered.

(b) Reactors. All animals classified as reactors shall be immediately branded on the left jaw with the letter “T” not less than two (2) inches in height and will be tagged in the left ear with an official TB reactor tag as provided in 9 C.F.R. 77.5(a)(1).

(c) Exposed Animals. Animals must be identified by an official eartag. Use of “S” brand as prescribed in 9 C.F.R. 77.5(b)(1) is required, or animals must be shipped in a sealed vehicle.

(d) Epidemiological Investigation. Disclosure of tuberculosis in any herd shall be followed by a complete epidemiological investigation. All cervidae in herds from which tuberculosis infected livestock originate, and all cervidae that have been exposed to affected cervidae or other affected livestock, will be tested promptly. Epidemiologic investigations will be made on adjacent and contact herds as well as on possible source herds for the affected herd. Herds that have received exposed animals will also be tested. Every effort will be made to ensure the immediate elimination of the disease from all species of domestic livestock on the premises.

(e) Testing procedures.

1. Cervidae herds in which M. bovis is confirmed will remain under quarantine, if not depopulated, until they have passed three successive tuberculosis tests at intervals of not less than 90 days, 180 days and 180 days. Five complete annual herd tests of all eligible animals are required following the release from quarantine.

2. Cervidae herds which have had a test of all eligible animals with NGL reactors only, and no evidence of tuberculosis infection was found by histopathology or culture for M. bovis, (including selected NGL specimens submitted from animals having no gross lesions indicative of tuberculosis), may be released from quarantine without further restrictions.

3. Cervidae herds that have had a test of all eligible animals where compatible lesions are found by histopathology, in the absence of an isolation of M. bovis, may be released from quarantine following a negative 90 day retest of the entire herd.

4. Cervidae herds in which a partial herd test reveals NGL reactors with no evidence of tuberculosis infection found on histopathology or tissue culture will be evaluated by the regional tuberculosis epidemiologist.

5. In herds with a history of lesions compatible with or suggestive of tuberculosis by histopathology, two complete annual herd tests are required after release from quarantine. Herds with a bacteriologic isolation of a species other than M. bovis should be considered negative for bovine tuberculosis with no further testing required.

6. In a newly assembled herd on premises where a tuberculous herd has been depopulated, two annual herd tests will be applied to all animals. The first test is to be applied approximately six months after assembly of the new herd. If the premises are vacated for over one year, these requirements will be waived unless they are adjacent to premises occupied by an infected herd.

(f) Isolation of Reactors. Cervidae that are classified as reactors will be immediately segregated from all non-reacting animals and will be maintained in strict isolation at the owner's expense until moved for slaughter under authority of a permit. If a change in destination becomes necessary, a new permit must be prepared. No animal may be retested if at any time it has been designated as a reactor.

(g) Cleaning Premises. All premises, where animals reacting to the tuberculin test have been found, will be cleaned and disinfected under the supervision of a representative of the department within 15 days after the removal of tuberculosis affected or exposed animals.

(3) Slaughtering. Tuberculosis reactor animals shall be slaughtered at an establishment at which state or federal meat inspection is maintained, or shall be slaughtered under the supervision of a representative of the department.

(4) Materials. Title 9 C.F.R. § 77.5(a)(1) and 9 C.F.R. § 77.5(b)(1) (1994) are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), 585.16 FS. History–New 10-6-93, Amended 7-5-95.

Fla. Admin. Code R. 5C-7.021 Slaughtering

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(3), 585.11(1), (2) FS. History‒New 10-6-93, Repealed 7-5-95.

Fla. Admin. Code R. 5C-7.022 Indemnity

(1) Payment of indemnity for tuberculosis reactor cattle, bison, dairy goats or cervidae will be refused unless it is shown that:

(a) The animals have reacted to the tuberculin test;

(b) The animals were maintained in strict isolation from the date of reaction to the test until slaughtered;

(c) The animals were slaughtered within 15 days of the date of reaction to the test; and

(d) The premises were cleaned and disinfected within 15 days of the date of removal of reactor animals.

(2) Indemnity rates for bison and cervidae which are classified as reactors shall be at the same rate as for cattle as specified in Section 585.10, F.S.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(3), 585.09, 585.10, 585.11(1), (2) FS. History–New 10-6-93.

Fla. Admin. Code R. 5C-7.023 Accredited Tuberculosis-Free Herds

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2) FS. History‒New 10-6-93, Repealed 7-5-95.

Fla. Admin. Code R. 5C-7.024 Modified Accredited State

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2) FS. History‒New 10-6-93, Repealed 7-5-95.

Fla. Admin. Code R. 5C-7.025 Accredited Tuberculosis-Free State

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2) FS. History‒New 10-6-93, Repealed 7-5-95.

Chapter 5C-9 CATTLE FEVER TICK

Fla. Admin. Code R. 5C-9.001 Definitions

History

• 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 2-18-21.

Fla. Admin. Code R. 5C-9.002 Quarantine

History

• 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 2-18-21.

Fla. Admin. Code R. 5C-9.003 Systematic Tick Eradication Area

History

• 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 2-18-21.

Fla. Admin. Code R. 5C-9.004 Movements from Systematic Tick Eradication Area

History

• 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 2-18-21.

Fla. Admin. Code R. 5C-9.005 Movements from Free Area to Quarantined Area

History

• 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 2-18-21.

Fla. Admin. Code R. 5C-9.006 Hides, Importation

History

• 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 2-18-21.

Fla. Admin. Code R. 5C-9.007 Violation of Rules

History

• 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 2-18-21.

Chapter 5C-11 SWINE GARBAGE FEEDING

Fla. Admin. Code R. 5C-11.001 Definitions

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.16, 585.48 FS. History‒New 3-22-63, Amended 5-27-85, Formerly 5C-11.01, Amended 5-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.002 Distribution of Hog Cholera Inoculants

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16, 585.145(1), (2), 585.20, 585.21 FS. History‒New 3-22-63, Amended 6-20-68, Formerly 5C-11.02, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.003 Definitions

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.16, 585.48 FS. History‒New 3-22-63, Amended 5-27-85, Formerly 5C-11.01, Amended 5-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.004 Method of Treatment; Dosage

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16, 585.145(1), (2), 585.20, 585.21 FS. History‒New 3-22-63, Amended 4-20-67, 6-20-68, Formerly 5C-11.04, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.005 Identification of Treated Swine

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16, 585.145(1), (2), 585.20, 585.21 FS. History‒New 3-22-63, Amended 10-20-63, 6-20-68, Formerly 5C-11.05, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.006 Report of Vaccination

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16, 585.145(1), (2), 585.20, 585.21 FS. History‒New 3-22-63, Formerly 5C-11.06, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.007 Administrators’ Responsibilities

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16, 585.145(1), (2), 585.20, 585.21 FS. History‒New 3-22-63, Amended 6-20-68, Formerly 5C-11.07, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.008 Reporting Hog Cholera Outbreaks

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.15, 585.18, 585.19 FS. History‒New 3-22-63, Formerly 5C-11.08, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.009 Quarantine of Infected Herds

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16, 585.145(1), (2), 585.20, 585.21 FS. History‒New 3-22-63, Formerly 5C-11.09, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.010 Disinfection of Infected Premises

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.145(1), (2), 585.16 FS. History‒New 3-22-63, Amended 6-20-68, Formerly 5C-11.10, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.011 Disposal of Carcasses

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(2)(b), (c) FS. History‒New 3-22-63, Formerly 5C-11.11, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.012 Indemnity

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.09 FS. History‒New 3-22-63, Amended 8-20-64, 6-20-68, Formerly 5C-11.12, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.013 Movement of Swine

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.145(1), (2), 585.16 FS. History‒New 3-22-63, Amended 6-20-68, 9-19-70, 5-11-75, 5-27-85, Formerly 5C-11.13, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.0131 Facility Requirements

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.145(1), (2), 585.16 FS. History‒New 5-27-85, Formerly 5C-11.131, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.0132 Sales Facility Entry Examinations

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.145(1), (2), 585.16 FS. History‒New 5-27-85, Formerly 5C-11.132, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.014 Disinfection of Public Stockyards and Livestock Markets

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.145(1), (2), 585.16 FS. History‒New 3-22-63, Formerly 5C-11.14, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.015 Feeding Garbage; Application for Permit; Fees

(1) Application for Permit. A written request for a permit to feed garbage, together with a non-refundable application fee of $50 must be submitted to the Division of Animal Industry, Florida Department of Agriculture and Consumer Services, 333 Mayo Building, Tallahassee, Florida 32399-0800. The fee must be submitted as a check or money order made payable to the Florida Department of Agriculture and Consumer Services.

(2) Requirements for Permit. An authorized representative of the Department will inspect the facility to determine compliance with the following minimum requirements.

(a) A cooker which has the capacity and ability to raise the temperature of the garbage to 212 degrees F and to hold the garbage at that temperature for not less than 30 minutes;

(b) An enclosed firebox when a direct fire cooker is used;

(c) A cover over the cooker to prevent dilution by rain;

(d) A fence around the area where the cooker is located that prevents livestock from accessing the untreated garbage;

(e) Storage or holding containers for untreated garbage which are covered and leakproof and which have the capacity to hold all untreated garbage;

(f) Separate containers for treated and untreated garbage or if the same containers are used, they must be cleaned of all garbage residue between use for treated and untreated garbage;

(g) Control of insects, rodents, and other possible sources for transmission of disease organisms;

(h) Provision for disposal of excess or untreated garbage in accordance with all environmental regulations;

(i) Vehicles, equipment, facilities and handling areas which are cleaned of all garbage residue after exposure to untreated garbage;

(j) Maintenance of records on sources of all untreated garbage; and

(k) A brief description of the equipment and the method used to cook the garbage.

(3) Issuance of Permit.

(a) Recommendation for Approval. Facilities which meet the requirements in subsection 5C-11.015(2), F.A.C., above on inspection by an authorized representative of the Department will be recommended for approval on Form AI-15. The applicant will submit the signed Form AI-15 recommending approval to the Department accompanied by a permit fee as provided in the following schedule:

1-25 swine

$50

26-50 swine

$100

51-100 swine

$150

over 100 swine

$200

The fee must be by check or money order made payable to the Florida Department of Agriculture and Consumer Services. The Department will issue the permit on receipt of the completed and signed Form AI-15 and the prescribed fee. All permits expire on July 1.

(b) To determine the permit fee in the initial year, the applicant will indicate the average number of swine expected at a facility in any one month period. The permit reissue fee will be based upon the actual average number of swine per month at the facility during the previous year.

(4) Reissue of Permit. The applicant will submit to the Department a completed AI-15 form indicating a request for reissue of permit signed by an authorized representative and accompanied by a permit fee as set forth in the schedule at paragraph 5C-11.015(3)(a), F.A.C., above. Permit reissue requests will be due by July 1 of each year. If a permit request for reissue has not been received by July 1, an applicant must comply with all provisions of this rule as though never previously permitted.

(5) Forms and Materials. Department of Agriculture and Consumer Services AI-15 Application for Permit to Feed Garbage to Swine (Form AI-15, Rev. 1-91) is hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Animal Industry, The Mayo Building, Tallahassee, Florida 32399-0800.

History

• Rulemaking Authority 585.002(4) FS. Law Implemented 585.002(5), 585.48, 585.50, 585.51, 585.52 FS. History–New 6-29-62, Formerly 5C-11.15, Amended 5-4-94, 7-2-95, 4-14-02.

Fla. Admin. Code R. 5C-11.016 Same; Raw Garbage Fed Swine, Quarantine

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), 585.145(1), 585.16, 585.48, 585.50, 585.09 FS. History‒New 3-22-63, Formerly 5C-11.16, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.017 Feeding Garbage; Procedures, Equipment, Records, Quarantine and Pretreating Requirements

(1) All garbage, regardless of previous processing, shall, before being fed to animals, be thoroughly cooked for at least 30 minutes at 212º F.

(2) All equipment utensils and vehicles used in the collection, transportation and distribution of garbage and all other facilities used in the treatment and feeding of the garbage shall be kept and maintained in a sanitary condition at all times. All containers of raw garbage shall be covered and retained within the enclosure surrounding the cooker, along with all empty containers used in the collection of garbage. The premises surrounding the enclosure shall be kept free of remains of previously fed garbage, rubbish, and raw garbage spilled from containers while unloading or filling the cooker.

(3) Any person feeding garbage to animals shall keep records regarding the collection, transportation and distribution of garbage, and the operation of the equipment and procedure of treating garbage to be fed to animals. Such records must cover the previous twelve months of operation.

(4) Swine which have been fed garbage which has not been treated to destroy disease germs, virus, or bacteria shall be placed under quarantine by the department and no such swine shall be moved onto or from the quarantined premises without written permission from an authorized representative of the department. No indemnity will be paid for swine confiscated or destroyed when such swine have been fed raw garbage.

History

• Rulemaking Authority 585.002(4) FS. Law Implemented 585.48, 585.50, 585.52 FS. History–Amended 10-20-63, Formerly 5C-11.17, Amended 7-2-95.

Fla. Admin. Code R. 5C-11.018 Feeding Garbage, Utensils, Vehicles, Etc.; Cleaning

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.52 FS. History‒New 10-20-63, Formerly 5C-11.18, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.019 Same; Records

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.52 FS. History‒New 3-22-63, Formerly 5C-11.19, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.020 Same; Violations, Hearings, Suspensions

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.53 FS. History‒New 3-22-63, Amended 3-30-78, Formerly 5C-11.20, Repealed 7-2-95.

Fla. Admin. Code R. 5C-11.021 Penalties for Violations

History

• Rulemaking Authority 585.002(4) FS. Law Implemented 585.007, 585.145(3) FS. History‒New 5-4-94, Amended 4-20-67, 6-20-68, Formerly 5C-11.04, Repealed 7-2-95.

Chapter 5C-13 STATE DIAGNOSTIC LABORATORIES

Fla. Admin. Code R. 5C-13.001 Services and Billings

History

• Rulemaking Authority 585.002(3), 585.07(23) FS. Law Implemented 585.61(3), (4) FS. History‒New 6-29-62, Amended 12-25-84, Formerly 5C-13.01, Amended 5-6-93, Repealed 5-14-95.

Fla. Admin. Code R. 5C-13.002 Specimen Requirements

History

• Rulemaking Authority 585.002(3), 585.07(23) FS. Law Implemented 585.61(3), (4) FS. History‒New 6-29-62, Amended 12-25-84, Formerly 5C-13.02, Amended 5-6-93, Repealed 5-14-95.

Fla. Admin. Code R. 5C-13.003 Research

History

• Rulemaking Authority 585.002(3), 585.07(23) FS. Law Implemented 585.61(3), (4) FS. History‒New 6-29-62, Formerly 5C-13.03, Amended 5-6-93, Repealed 5-14-95.

Fla. Admin. Code R. 5C-13.0035 Definitions

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

(1) Enhanced Virus Isolation – virus isolation techniques requiring specialized media.

(2) Food and Fiber animals – animal species commonly used as a food source or in food production. Species include cattle, swine, goats, sheep, poultry, captive cervids, alpacas, llamas, and rabbits. This definition does not include aquaculture species.

(3) Non-poultry – any of a class of (Aves) of warm-blooded vertebrates distinguished by having the body more or less completely covered with feathers and the forelimbs modified as wings that are not defined as poultry in subsection 5C-13.0035(5), F.A.C.

(4) Other animals- any animal not meeting the definition of Food and Fiber animals, non-poultry, or poultry as defined in subsections 5C-13.0035(2)-(3), (5), F.A.C.

(5) Poultry – domesticated fowl, including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl and game birds (including restocking supplies of game birds), except doves and pigeons, which are bred for the primary purpose of producing eggs, meat, or for breeding these categories of birds.

(6) Surveillance- a form of data recording that encompasses gathering, documenting, and analyzing data to evaluate disease status for disease eradication or control.

History

• Rulemaking Authority 570.07(23), 585.002(4) FS. Law Implemented 585.61 FS. History-New 1-16-18, Amended 3-1-26.

Fla. Admin. Code R. 5C-13.004 Schedule of Fees

(1) The schedule of fees for testing provided by the Division of Animal Industry are as provided in Table #1.

Table #1

Aquaculture

Test

Cost

Unit

Aquatic Acid Fast Stain

$7.00

each specimen

Aquatic Aerobic Culture

$26.00

each specimen

Aquatic Anaerobic Culture

$25.00

each specimen

Aquatic MIC Susceptibility Panel - Aerobic Bacteria only

$28.00

each specimen

Aquatic Bacterial ID by MALDI-TOF (per isolate)

$17.00

each specimen

Aquatic Biopsy - first tissue specimen

$50.00

each specimen

Aquatic Biopsy - each subsequent tissue specimen

$15.00

each specimen

Aquatic Fungal and Oomycete (Water Mold) Culture

$22.00

each specimen

Aquatic Fungal ID by MALDI-TOF (per isolate)

$17.00

each specimen

Aquatic Gram Stain

$5.00

each specimen

Aquatic Mycobacterium culture

$25.00

each specimen

Aquatic Animal Necropsy (up to 5 animals/system; gross/histo plus culture and PCR - all testing in house)

$100.00

each specimen

Large Aquatic Animal Necropsy Surcharge

Additional $75

each specimen

Aquatic Necropsy in a Bottle (Microscopic examination, tissues submitted in fixative; up to 5 animals/system)

$100.00

each specimen

Infectious Salmon Anemia Virus (ISAV) qPCR

$35.00

each specimen

Spring Viremia of Carp Virus (SVCV) qPCR

$35.00

each specimen

Koi Herpesvirus (KHV; CyHV-3) qPCR

$35.00

each specimen

Goldfish Hematopoietic Necrosis Virus (CyHV-2) qPCR

$35.00

each specimen

Viral Hemorrhagic Septicemia Virus (VHSV) qPCR

$35.00

each specimen

Megalocytivirus (MCV) qPCR

$35.00

each specimen

Tilapia Lake Virus (TiLV) qPCR

$35.00

each specimen

Betanodavirus / Viral Nervous Necrosis (VNN) qPCR

$35.00

each specimen

Perkinsus qPCR (Oyster Samples)

$35.00

each specimen

Carp Edema Virus / Sleepy Koi Disease (CEV) qPCR

$35.00

each specimen

Shrimp qPCR Multiplex Panel - 10 pathogens

$120.00

each specimen

Aquatic Bacterial ID by PCR

$35.00

each specimen

Aquatic Fungal ID by PCR

$35.00

each specimen

Aquatic Myxozoan Parasite ID by PCR

$35.00

each specimen

Aquatic Microsporidian Parasite ID by PCR

$35.00

each specimen

Epizootic Ulcerative Syndrome (Aphanomyces invadens) qPCR

$35.00

each specimen

Water Quality Freshwater Panel - Ammonia, Nitrite, Nitrate, pH, Total Alkalinity, Total Hardness, Dissolved Oxygen, Chloride

$41.00

each specimen

Water Quality Saltwater Panel - Ammonia, Nitrite, Nitrate, pH, Dissolved Oxygen, Salinity

$31.00

each specimen

Water Quality - Chlorine, Free and Total

$5.00

each specimen

Water Quality - Copper

$7.00

each specimen

Water Quality- Sulfide

$7.00

each specimen

Water Quality- Iron, Total and Ferrous

$5.00

each specimen

Single Target PCR Test Not Otherwise Listed in Table #1

$35.00

each specimen

Bacteriology

Test

Cost

Unit

Acid Fast Stain

$7.00

each

Aerobic culture

$10.00

per specimen

Anaerobic culture

$12.00

per specimen

Antimicrobial susceptibility

$10.00

per isolate

Campylobacter culture

$12.00

per specimen

Contagious Equine Metritis culture

$20.00

per swab

Fungal culture

$15.00

each specimen

Gram Stain

$5.00

each specimen

Mycoplasma culture (Food and Fiber animal)

$10.00

each specimen

Mycoplasma culture (Other animal)

$15.00

each specimen

Mycobacterium culture

$20.00

each specimen

Salmonella culture

$15.00

each specimen

Virology

Test

Cost

Unit

Bovine Viral Diarhhea cELISA (Antigen capture)

$4.50

per specimen

(1-5 specimens)

$3.50

per specimen

(6-15 specimens)

$3.00

per specimen

(> 15 specimens)

BVD VN

$10.00

per specimen

Canine Coronavirus IFA

$20.00

per specimen

Canine Distemper IFA

$20.00

per specimen

Canine Herpes IFA

$20.00

per specimen

Canine Parvovirus IFA

$20.00

per specimen

Ehrlichia-canis IFA

$20.00

per specimen

Equine Rhinopneumonitis IFA

$15.00

per specimen

Equine Rhinopneumonitis VN

$12.00

per specimen

Equine Viral- Arteritis VN

$12.00

per specimen

Feline Coronavirus (FIP) IFA

$20.00

per specimen

Feline Leukemia virus IFA

$20.00

per specimen

Fluorescent Antibody Test

$15.00

per specimen

Infectious Bovine Rhinotracheitis VN

$10.00

per specimen

Influenza A IFA

$20.00

per specimen

Lyme Disease IFA

$20.00

per specimen

Parainfluenza-3 (PI3) VN

$10.00

per specimen

Potomac Horse Fever IFA

$15.00

per specimen

Rabies

$40.00

per specimen

Respiratory Syncytial Virus VN

$10.00

per specimen

Vesicular Stomatitis VN

(Indiana & New Jersey strains)

$12.00

per strain

Virus Isolation

$30.00

per specimen

Single Target IFA Test Not Otherwise Listed in Table #1

$20.00

per specimen

Single Target FA Test Not Otherwise Listed in Table #1

$15.00

per specimen

Serology (Antibody Detection)

Test

Cost

Unit

Anaplasma cELISA

$7.00

per specimen

Avian Influenza AGID

$5.00

per specimen

Avian Influenza AGID – Surveillance*

$0.00*

per specimen

Avian Influenza ELISA

$2.00

per specimen

Avian Influenza ELISA – Surveillance*

$0.00*

per specimen

Bluetongue AGID

$7.00

per specimen

Bluetongue cELISA

$7.00

per specimen

Bovine Leukosis Virus ELISA

$7.00

per specimen

Brucella abortus/suis – BAPA – Export

$5.00

per specimen

Brucella abortus/suis – BAPA – Surveillance*

$0.00*

per specimen

Brucella abortus/suis/melitensis – Card – Export

$5.00

per specimen

Brucella abortus/suis/melitensis – Card – Surveillance*

$0.00*

per specimen

Brucella abortus/suis – Rivonal – Export

$5.00

per specimen

Brucella abortus/suis – Rivonal – Surveillance*

$0.00*

per specimen

Brucella abortus/suis – RAP – Export

$5.00

per specimen

Brucella abortus/suis – RAP – Surveillance**

$0.00*

per specimen

Brucella abortus/suis – BRT

$0.00*

per specimen

Brucella abortus/suis – HIRT

$0.00*

per specimen

Brucella canis agglutination test

$15.00

per specimen

Caprine Arthritis- Encephalitis (CAE)/AGID

$7.00

per specimen

Equine Infectious Anemia AGID

$7.00

per specimen

Equine Infectious Amenia ELISA

$7.00

per specimen

Equine Infectious Anemia ELISA-STAT

$15.00

per specimen

Equine Piroplasmosis – Babesia caballi cELISA

$17.00

per specimen

Equine Piroplasmosis – Theileria equi

(formerly Babesia equi) cELISA

$17.00

per specimen

Johne’s ELISA

$6.00

per specimen

Leptospirosis Micro – agglutination Test 5

$15.00

per specimen

Mycoplasma gallisepticum SPA

$3.00

per specimen

Mycoplasma synoviae SPA

$3.00

per specimen

Neospora caninum cELISA

$8.00

per specimen

Ovine Progressive Pneumonia (OPP)/AGID

$7.00

per specimen

Pseudorabies Autolex*

$0.00*

per specimen

Pseudorabies gB ELISA*

$0.00*

per specimen

Pullorum disease (PD)/Fowl typhoid SPA

$3.00

per specimen

West Nile Virus (WNV) IgM cELISA

$8.00

per specimen

*Avian Influenza Brucella and Pseudorabies testing provided at no charge for surveillance

Molecular Diagnostics (Antigen Detection)

Test

Cost

Unit

Anaplasma maginale qPCR

$25.00

per specimen

Avian Influenza qPCR (matrix)

$30.00

per specimen

poultry may be pooled up to 11 swabs

Avian Influenza qPCR (poultry H5 subtyping)**

$0.00**

Avian Influenza qPCR (poultry H7 subtyping)**

$0.00**

Bluetongue Virus qPCR

$25.00

per specimen

Bluetongue/Epizootic Hemorrhagic Disease qPCR

$30.00

per specimen

Border Disease virus qPCR

$25.00

per specimen

Bovine Viral Diarrhea qPCR

$25.00

per specimen

$30.00

pooled specimens (up to 25 ear notches and 50 serum)

Classical Swine Fever qPCR

$45.00

per specimen

Epizootic Hemorrhagic Disease Virus qPCR

$25.00

per specimen

Equine Herpes Virus-1 qPCR

$30.00

per specimen

Equine Herpes Virus-1 qPCR (neurological pathotyping)

$30.00

per specimen

Equine Herpes Virus-4 qPCR

$30.00

per specimen

Equine Respiratory Panel

$90.00

per specimen

Equine Rhinitis Virus A qPCR

$30.00

per specimen

Equine Rhinitis Virus B qPCR

$30.00

per specimen

Influenza A virus qPCR (mammalian)

$30.00

per specimen

Influenza A virus qPCR (H5 subtyping)

$30.00

per specimen

Influenza A virus qPCR (H7 subtyping)

$30.00

per specimen

Infectious Salmon Anemia Virus qPCR

$30.00

per specimen

Johne’s qPCR

$20.00

per specimen

$30.00

pooled specimens (up to 5)

Koi Herpes Virus Sph PCR

$30.00

per specimen

Koi Herpes Virus TK PCR

$30.00

per specimen

Newcastle Disease Virus qPCR (matrix)

$30.00

per specimen

Newcastle Disease Virus qPCR (velogenic)**

$0.00**

per specimen

Mycoplasma gallisepticum/Mycoplasma synoviae qPCR

$25.00

per specimen

Spring Viremia of Carp PCR

$30.00

per specimen

Tritrichomonas foetus qPCR

$17.00

per specimen

$30.00

pooled specimens (up to 5)

Viral hemorrhagic septicemia virus qPCR

$30.00

per specimen

Zika qPCR

$30.00

pooled mosquitoes (up to 50)

Zika qPCR- Asian type

$30.00

pooled mosquitoes (up to 50)

Single Target PCR Test Not Otherwise Listed in Table #1

$30.00

per test

** For poultry surveillance only

Histopathology

Test

Cost

Unit

Biopsy (Microscopic examination)

$40.00

first tissue specimen

$10.00

each subsequent tissue specimen

Large/complex dissection

$30.00

per animal

Necropsy in a bottle (Microscopic examination)

$75.00

per animal

Slides/Blocks

$15.00

per block

Parasitology

Test

Cost

Unit

Baermann test, lungworm

$8.00

per specimen

Cryptosporidium Direct fluorescent antigen

$20.00

per specimen

Fecal centrifugation sucrose

$10.00

per specimen

Fecal examination – direct smear

$10.00

per specimen

Fecal occult blood

$10.00

per specimen

Fecal sedimentation

$8.00

per specimen

Giardia Direct fluorescent antigen

$20.00

per specimen

Giardia Snap test (dogs and cats)

$15.00

per specimen

Heartworm modified Knott’s test

$10.00

per specimen

McMaster’s egg count

$10.00

per specimen

Parasite identification

$15.00

per specimen

Tick identification

$15.00

per specimen

Trichomonas sp. culture

$10.00

per specimen

Zinc sulfate floatation

$10.00

per specimen

Clinical Pathology

Test

Cost

Unit

CBC Food and Fiber animals (without differential)

$10.00

per specimen

CBC Other mammals

$15.00

per specimen

Comprehensive Diagnostic Panel

$30.00

per specimen

Cytology & Fluid Chemistry Analysis

$35.00

per specimen

Equine Chemistry Profile

$20.00

per specimen

Fibrinogen

$15.00

per specimen

Large Animal Profile

$20.00

per specimen

Immunohistochemistry

Test

Cost

Unit

Bovine Viral Diarrhea (ear notch)

$25.00

per specimen

Chronic Wasting Disease

$25.00

per specimen

Leptospira sp. (5-way)

$25.00

per specimen

Scrapie

$25.00

per specimen

Necropsy

Test

Cost

Unit

Food and Fiber animal

$100.00

per animal

Other animal

$150.00 + cremation fee*

per animal

Non-Poultry (all birds not defined as poultry)

$50.00 + cremation fee*

per bird

Poultry

$50.00

per accession (accession may include up to 5 individual birds)

Forensics, Research and Insurance Necropsy (any species)

$250.00 + cremation fee*

per animal

Brain removal & large, complex fresh tissue handling

$30.00

per animal

OBEX/RPLN collection

$30.00

per animal

Spinal cord removal

$50.00

per animal

*Cremation Fees

$50.00

< 30 lbs

$100.00

31 to 150 lbs

$200.00

151 lbs

(2) Additional fees will be assessed as follows:

(a) Testing of samples originating outside of Florida will be assessed an additional $7.50 per accession.

(b) A processing fee of $2.00 will be applied for mailed reports and duplicate mailings.

(c) Requested testing not available at Bronson Animal Disease Diagnostic Laboratory will be sent to an accredited laboratory or a lab that can accommodate the request. These tests will incur additional charges based on the fee schedule of the other lab.

(d) Shipments to outside laboratories will be charged $10.00 per accession.

(e) Enhanced Virus Isolation will be assessed $30.00 for Food and Fiber animals and $60.00 for all non-Food and Fiber animals.

(3) Cremations will not be performed for animals except those received as part of a diagnostic testing submission.

(4) No portion of an animal’s body, ashes, collars, tissues or other articles will be returned following a lab service listed in Table #1 of subsection 5C-13.004(1), F.A.C.

(5) Necropsy includes all in-house testing except for rabies test, where no human exposure was established.

History

• Rulemaking Authority 570.07(23), 585.002(4) FS. Law Implemented 585.61 FS. History–New 12-25-84, Formerly 5C-13.04, Amended 11-27-88, 5-6-93, 2-21-95, 7-21-99, 7-4-02, 1-16-18, 3-1-26.

Chapter 5C-14 EQUINE PIROPLASMOSIS

Fla. Admin. Code R. 5C-14.001 Dangerous Transmissible Disease (Equine Piroplasmosis)

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.15 FS. History‒New 12-20-62, Formerly 5C-14.01, Repealed 7-2-95.

Fla. Admin. Code R. 5C-14.002 Definitions

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.08, 585.11, 585.145(1) FS. History‒New 12-20-62, Formerly 5C-14.02, Repealed 7-2-95.

Fla. Admin. Code R. 5C-14.003 Report of Disease

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.18, 585.19 FS. History‒New 12-20-62, Formerly 5C-14.03, Repealed 7-2-95.

Fla. Admin. Code R. 5C-14.004 Quarantine

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), (2), 585.08(1) FS. History‒New 12-20-62, Formerly 5C-14.04, Repealed 7-2-95.

Fla. Admin. Code R. 5C-14.005 Identification of Infected Animals

Any animal which has been determined by acceptable laboratory procedures or other diagnostic methods acceptable to the department to be infected with equine piroplasmosis shall be permanently identified by lip tattoo or visible body brand with the letter “P” preceded by the last numeral of the year in which infection was disclosed and followed by a numeral to indicate individual identification.

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.145(1), 585.16 FS. History–New 12-20-62, Formerly 5C-14.05.

Fla. Admin. Code R. 5C-14.006 Quarantined Premises

(1) All animals subject to infestation with vectors of equine piroplasmosis on quarantined premises shall be treated with an approved pesticide at such intervals as directed by an authorized representative of the department until such premises are released from quarantine.

(2) Any barn, yard, shed, corral, pen, goods, products, or materials that may harbor vectors of equine piroplasmosis located on quarantined premises shall be treated with an approved pesticide at such intervals as directed by an authorized representative of the department until such premises are released from quarantine.

(3) Any animal which has been determined by compliment fixation diagnostic test to be infected with equine piroplasmosis may be moved under authority of official permit issued by representative of the department only to an approved quarantine site or facilities as provided in subsection 5C-18.011(2), FAC., or for immediate slaughter under official supervision.

(4) Apparently healthy animals not known to be infected with equine piroplasmosis subject to infestation with vectors of equine piroplasmosis may be moved from quarantined premises into non-quarantined areas provided such animals have been inspected, found free of vectors, and treated with an approved pesticide as directed by representative of the department immediately prior to movement, and moved to destination under authority of official permit.

(5) All hay, straw, pine straw, wild shrubbery, sod, plants, crossties, pulpwood, or similar material, on, in, by, or to which vectors of equine piroplasmosis may become attached, carried, or transported, originating on a quarantined premise shall not be shipped, moved or transported in any manner into, within or through a non-quarantined area unless and until thoroughly treated by the owner with an approved pesticide under the supervision of a representative of the department.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.16, 585.145(1), 585.23 FS. History–New 12-20-62, Formerly 5C-14.06, Amended 7-2-95.

Fla. Admin. Code R. 5C-14.007 Movements from Quarantined Premises

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), (2), 585.17, 585.16, 585.23 FS. History‒New 12-20-62, Formerly 5C-14.07, Repealed 7-2-95.

Fla. Admin. Code R. 5C-14.008 Violation of Rules

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.40, 585.145(1), (2), 585.007(1), (2) FS. History‒New 12-20-62, Formerly 5C-14.08, Repealed 7-2-95.

Chapter 5C-16 POULTRY DISEASES

Fla. Admin. Code R. 5C-16.001 Definitions

For the purpose of this rule chapter, the definitions in Sections 585.001 and 585.01, F.S., and the following shall apply:

(1) Avian Influenza (AI) ‒ an infectious disease of wild birds and domestic Poultry caused by a virus in the family Orthomyxoviridae, genus Influenza virus A.

(2) Avian Influenza Approved Test ‒ antibody or antigen capture methodologies recognized by NPIP and conducted at a laboratory approved to conduct such tests by USDA, APHIS.

(3) Control Area ‒ a limited movement area established by the Division of Animal Industry that is at least ten (10) km (~6.21 miles) beyond the perimeter of a Highly Pathogenic Avian Influenza infected premises.

(4) Domestic Fowl ‒ any member of the class Aves that is propagated or maintained under control of a person for commercial, exhibition, or breeding purposes, or as pets.

(5) Emergency Management Response System (EMRS) ‒ a USDA, APHIS, web-based application for authorized users in the reporting of routine investigations of foreign animal diseases (FADS), surveillance and control programs, state specific disease outbreaks, and national animal health emergency responses (all-hazards).

(6) Highly Pathogenic Avian Influenza ‒ an Avian Influenza virus of H5 or H7 subtype that has an intravenous pathogenicity index in six (6) week old chickens greater than or equal to one point two (1.2) or causes greater than seventy-five (75) percent mortality in four (4) to eight (8) week old chickens infected intravenously.

(7) National Poultry Improvement Plan (NPIP) ‒ a cooperative state-federal-industry program for prevention and control of certain hatchery-disseminated diseases and for improvement of Poultry and Poultry Products as provided in 9 CFR §§145-147 (2018) as adopted in Rule 5C-3.001, F.A.C.

(8) Official Certificate of Veterinary Inspection (OCVI) ‒ a legible record of certificate made on an official form from the animal’s state of origin, issued and signed by veterinarians licensed and accredited in the animal’s state of origin for the purpose of certifying the official individual identifications, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

(9) Poultry ‒ chicken, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites, and waterfowl. The term also includes other Domestic Fowl used for commercial, exhibition or breeding purposes, or as pets.

(10) Poultry Products ‒ hatching eggs, breeder flocks for imported hatching eggs, chicks, or poults less than four (4) days old, chicks, poults, litter, and offal but does not include table eggs and processed Poultry for human consumption.

(11) Racing Pigeon ‒ homing pigeons used to race. The homing pigeon is a variety of domestic pigeon (Columba livia domestica) derived from the rock pigeon, selectively bred to find its way home over extremely long distances.

(12) USDA, APHIS. The United States Department of Agriculture, Animal and Plant Health Inspection Services.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.08, 585.11(1), 585.145, 585.16 FS. History–New 1-1-67, Formerly 5C-16.01, Amended 7-3-95, 9-21-16, 8-25-19.

Fla. Admin. Code R. 5C-16.002 Definitions

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3) FS. History‒New 1-1-67, Formerly 5C-16.02, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.003 Supervision

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3) FS. History‒New 1-1-67, Formerly 5C-16.03, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.004 Hatcheries, General Provisions

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Formerly 5C-16.04, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.005 Poultry and Turkey Flocks, General Provisions

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Formerly 5C-16.05, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.006 Dealers, General Provisions

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3) FS. History‒New 1-1-67, Formerly 5C-16.06, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.007 Pullorum Disease-fowl Typhoid

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Amended 7-17-69, Formerly 5C-16.07, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.008 Pullorum-typhoid Clean Flocks

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Amended 7-17-69, Formerly 5C-16.08, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.009 Pullorum-typhoid Infected Flocks

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.08(1), 585.11(1), (3), 585.145(1), 585.16 FS. History‒New 1-1-67, Formerly 5C-16.09, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.010 Provisions for Participating Flocks

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Amended 7-17-69, 1-17-71, Formerly 5C-16.10, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.011 Exhibition Poultry and Turkeys

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16, 585.145(2) FS. History‒New 1-1-67, Formerly 5C-16.11, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.012 S. Typhimurium

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Formerly 5C-16.12, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.013 S. Typhimurium Blood Test

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Formerly 5C-16.13, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.014 S. Typhimurium Controlled Flocks

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Formerly 5C-16.14, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.015 M. Gallisepticum

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16, 585.08(1), (2)(b), 585.15(1) FS. History‒New 1-1-67, Formerly 5C-16.15, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.016 M. Gallisepticum Blood Test

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Formerly 5C-16.16, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.017 M. Gallisepticum Infected Flocks

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Formerly 5C-16.17, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.018 M. Gallisepticum Tested Flocks

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 1-1-67, Amended 7-17-69, 1-1-71, Formerly 5C-16.18, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.019 M. Gallisepticum Clean Flocks

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History‒New 7-17-69, Amended 1-1-71, Formerly 5C-16.19, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.020 Sanitary Disposal of Dead Birds and Hatchery Residue

History

• Rulemaking Authority 585.002(3), 585.08(2), 583.181(3)(a), 583.08(1), (2)(b), 583.181(2) FS. Law Implemented 585.181(2) FS., as amended by Chapter 86-63, Laws of Florida. History‒New 5-26-72, Formerly 5C-16.20, Amended 5-7-87, Repealed 7-3-95.

Fla. Admin. Code R. 5C-16.021 Intrastate Movement of Domestic Fowl

(1) If state or federal animal health officials suspect or positively identify Highly Pathogenic Avian Influenza in Domestic Fowl within the states of Alabama, Georgia, Mississippi, or Florida, then all Domestic Fowl moving within Florida must meet the following requirements:

(a) Official Certificate of Veterinary Inspection (OCVI) required. All Domestic Fowl, Poultry and eggs for hatching purposes moving within Florida, unless exempted by this rule, must be accompanied by an OCVI. Poultry and hatching eggs classified under provisions of the National Poultry Improvement Plan (NPIP) may substitute Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), as adopted in rule 5C-3.012, F.A.C., for the OCVI. To apply for participation in the NPIP program the applicant must submit a completed National Poultry Improvement Plan Participation Agreement, Subpart E, FDACS-09166 form Rev. 02/19 to the department. National Poultry Improvement Plan Participation Agreement, Subpart E, FDACS-09166 Rev. 02/19 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10814. If AI clean status is requested, then a Request and Agreement for Testing of Poultry for Avian Influenza and Exotic Newcastle Disease, FDACS 09176 Rev. 03/19. Must also be submitted to the Department. Request and Agreement for Testing of Poultry for Avian Influenza and Exotic Newcastle Disease, FDACS 09176 Rev. 03/19 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10815.

The following are exempt from the OCVI requirement:

1. Racing Pigeons transported out of Florida for racing purposes in sealed crates which reenter Florida with unbroken seals.

2. Poultry consigned directly to a recognized slaughtering establishment.

(b) Avian Influenza Testing Requirements.

1. Poultry originating from a Non-Quarantine or Control Area:

a. All Poultry and Poultry Products must be accompanied by proof of a negative Avian Influenza Approved Test;

b. Poultry must be tested no more than seven (7) days prior to movement; and,

c. If a flock with greater than thirty (30) birds is to be moved within Florida, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house, or

d. If a flock of less than thirty (30) birds is to be moved within Florida, then all birds must be tested.

2. Exemptions. No Avian Influenza test is required for the following:

a. Poultry or Poultry Products originating from flocks classified as US Avian Influenza Clean, as provided in 9 CFR §§145.23(h), 145.33(i), 145.43(g), 145.53(e), and 145.63(b) (2018), as adopted in Rule 5C-3.001, F.A.C.;

b. Ratites;

c. Exotic birds;

d. Racing Pigeons.

3. Proof of negative Avian Influenza (AI) testing must be documented on the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (FEB 2016), as adopted in Rule 5C-3.012, F.A.C., or the OCVI listing the description of birds, test date, test results, and the name of the laboratory.

4. Poultry originating from a Quarantine or Control Area.

a. Domestic fowl, live Poultry, or Poultry Products originating from an Avian Influenza Quarantine or Control Area in Florida may not move within or out of the Quarantine and Control Area except Domestic Fowl, Poultry or Poultry Products that have completed all USDA, APHIS requirements listed in the Highly Pathogenic Influenza Plan USDA FAD PReP (05/17). The Department shall verify these requirements have been met through the Emergency Management Response System (EMRS) prior to permitting for movement out of the Quarantine and Control Area. Highly Pathogenic Influenza Response Plan USDA FAD PReP (05/17) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10816.

b. A movement permit number generated by the Emergency Management Response System (EMRS) must accompany the shipment and be recordered on either the OCVI or the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (FEB 2016).

(2) The Department shall publish a notice in the Florida Administrative Register and shall notify industry associations of the immediate implementation of the requirements in subsection 5C-16.021(1), F.A.C.

(3) Failure to comply with the requirements of subsection 5C-16.021(1), F.A.C. will result in the penalties as provided in Rule 5C-30.003, F.A.C.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.007, 585.08(2)(a), 585.11(1), 585.145, 585.16 FS. History–New 9-21-16, Amended 8-25-19.

Chapter 5C-18 EQUINE INFECTIOUS ANEMIA

Fla. Admin. Code R. 5C-18.001 Definitions

(1) Accredited Veterinarian. A state licensed veterinarian accredited by the United States Department of Agriculture, Animal Plant Health Inspection Services (USDA, APHIS) to perform certain functions of federal and cooperative state-federal programs as provided in 9 C.F.R. §161.1 (JAN 2018), incorporated in subsection 5C-4.0015(1), F.A.C.

(2) Approved Laboratory. A laboratory approved by the Director and USDA, APHIS to conduct Official EIA Tests as provided in subsection 5C-18.003(3), F.A.C.

(3) Approved Quarantine Premises. Premises that has been issued valid permit to maintain Reactors under designated conditions as provided by subsection 5C-18.007(6), F.A.C.

(4) Authorized Laboratory Representative. An employee of an Approved Laboratory who has completed the training at the National Veterinary Services Laboratory, United States Department of Agriculture, for conducting Equine Infectious Anemia Tests.

(5) Department. The Florida Department of Agriculture and Consumer Services.

(6) Department Representative. An employee of the Department who is authorized by the Director to perform animal health regulatory activities regarding the prevention, control, and eradication of certain contagious and infectious diseases of animals.

(7) Director. The Director of the Division of Animal Industry, Florida Department of Agriculture and Consumer Services. The Director is also the State Veterinarian.

(8) Division. The Division of Animal Industry, Florida Department of Agriculture and Consumer Services.

(9) EIA Quarantine. The maintenance of a Reactor, Suspect, or Exposed Equine on an approved quarantine premises consistent with subsection 5C-18.007(6), F.A.C.

(10) Electronic Equine Infestious Anemia (EIA) Laboratory Test. An electronic document setting forth the same information required by the Equine Infestious Anemia Test Form, VS form 10-11 (Dec 2020), which must be complete, legible, and accurate, and include digital images of the Equine. The digital images must consist of three (3) color images and include a full view of both sides of the Equine and the length of the face from above the ears to below the muzzle. Equine Infestious Anemia Test Form, VS form 10-11 (Dec 2020) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13433.

(11) Equine. Any member of the family Equidae, including horses, mules, asses, zebras, burros and other lesser known equidae.

(12) Equine Infectious Anemia (EIA). A disease of Equines, caused by the EIA virus, commonly known as swamp fever, which is infectious and is spread primarily by bloodsucking insects. Transmission can also occur through transfer of infected blood on fomites, such as contaminated hypodermic needles and other instruments.

(13) Equine Interstate Passport Document. A document that is accepted by participating states for interstate movement of Equines, which is valid for six (6) months from the date of veterinary exam, or one year after the Official Test Date.

(14) Exposed. Any Equine that has been in direct contact with a Reactor or Suspect.

(15) Negative EIA Verification Card. Card issued by the Dpartment to an Equine on the Negative IEA Test Verification Card, FDACS-09160 (08/18), as incorporated in paragraph 5C-4.0016(2)(c), F.A.C., that serves as proof of a negative EIA Test within the state of Florida.

(16) Official Test. A test for EIA that meets all the criteria designated in subsection 5C-18.003(1), F.A.C.

(17) Official Test Date. The date the blood sample was drawn from the Equine for purposes of conducting an Official Test as reflected on the Equine Infectious Anemia Test Form, VIS Form 10-11 (Dec 2020), incorporated in subsection 5C-18.001(10), F.A.C., or an electronic EIA Laboratory Test.

(18) Permit for Movement of restricted Animals, VS Form 1-27 (June 1989). Permit incorporated and defended in subsection 5C-3.001(34), F.A.C.

(19) Reactor. Any Equine with a report of a non-negative result on an Official Test.

(20) Suspect. Any Equine exhibiting clinical signs of EIA but has not been tested by an Official Test since the onset of clinical signs.

(21) USDA, APHIS. The United States Department of Agriculture, Animal Plant Health Inspection Services.

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.11(1) FS. History–New 10-15-73, Formerly 5C-18.01, Amended 8-15-94, 9-12-21.

Fla. Admin. Code R. 5C-18.002 Dangerous Transmissible Disease

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.11(1), 585.15 FS. History–New 10-15-73, Formerly 5C-18.02, Amended 8-15-94, Repealed 7-5-95.

Fla. Admin. Code R. 5C-18.003 Official Test

(1) Official Test. The Department will only accept the results of an EIA test to be negative or positive if the EIA test is an Official Test that:

(a) Is conducted in an Approved Laboratory;

(b) Utilizes a diagnostic product that is licensed by USDA, APHIS, as provided in the Equine Infestious Animia: Uniform Methods and Rules, January 10, 2007, APHIS 91-55-064 incorporated in paragraph 5C-3.003(3)(a), F.A.C.;

(c) Is collected and submitted by an Accredited Veterinarian or Department Representative;

(d) Is submitted with and reported on:

1. An Equine Infestious Anemia Test Form, VS Form 10-11 (Dec 2020), as incorporated in subsection 5C-18.010(10), F.A.C., with all sections and copies, must be complete, legible, and accurate with a detailed description of the horse that the test record represents including the following information:

a. The breed registration number or registry tattoo, when applicable;

b. The name of the Equine;

c. The physical address of where the Equine permanently resides at the time of the EIA test sample was taken;

d. The age, breed, sex and color; and

e. All other distinctive markings, including markings on the legs and face, color patterns, body brands, tattoos, scars, whorls, blemishes, and microchip information if available.

2. Other reporting forms approved by another state’s animal health officials and the USDA; or

3. An Electronic EIA Laboratory Test as defined in subsection 5C-18.001(10), F.A.C.

(2) Rejected Test Report. A report of an EIA test will be rejected if the report:

(a) Appears to be forged, counterfeited, simulated, or altered;

(b) Does not have all information completed, including sufficient identification of the Equine; or

(c) Is an Equine Infestious Anemia Test Form, VS Form 10-11 (Dec 2020), as incorporated in subsection 5C-18.001(10), F.A.C., and is not an original owner’s copy or a laboratory certified copy; except that for purpose other than change of ownership within Florida, a clear and legible photocopy of the owner’s original copy is acceptable; or

(d) Is an Electronic EIA Laboratory Test and does not contain three clear, color digital images as required.

(3) Approved Laboratory Requirements:

(a) Permit Required. Any laboratory which conducts a test for EIA within Florida must:

1. Be issued a Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084 Rev. 06/20, issued by the Department. Permit for Approval Laboratory for Equine Infectious Anemia Testing, FDACS-09084 Rev. 06/20 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13434.

2. Complete and submit a Permit Requirements For Private Laboratory to Conduct Equine Infectious Anemia (EIA) Tests, FDACS-09265 Rev. 06/21, issued by the Department. Permit Requirements For Private Laboratory to Conduct Equine Infectious Anemia (EIA) Tests, FDACS-09265. Rev. 06/21 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13435.

(b) Application for Permit.

1. Written Request. A written request for a permit to conduct EIA test(s) must be submitted to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800.

2. Application Fee. An application fee of $50.00 must be submitted with each written request. The fee must be submitted as a check or money order made payable to the Florida Department of Agriculture and Consumer Services. This fee is waived for the Department’s Bureau of Diagnostic Laboratory.

(c) Requirements for Permit. The Department will issue a Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20 upon a laboratory’s submission of a complete application and application fee as provided in paragraph (b), and compliance with the following requirements:

1. Laboratory Inspection and USDA Approval. A USDA, APHIS representative must inspect the laboratory and determine that the laboratory is in compliance with and has the facilities and equipment which are specified in USDA Veterinary Services Memorandum 15201.1 (Apr. 5 2019), and 9 C.F.R. §75.4(c) (2018). USDA Veterinary Services Memorandum 15201.1 (Apr. 5 2019) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13432. 9 C.F.R. §75.4(c) (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13431.

2. Certification to Comply. The applicant for the permit must certify that the laboratory will comply with all provisions of this rule by signing the Agreement to Conduct the Equine Infectious Anemia Agar Gel Immuno-Diffusion Testing & Statement of Certification, FDACS-09130 Rev. 06/21. Agreement to Conduct the Equine Infectious Anemia Agar Gel Immuno-Diffusion Testing & Statement of Certification, FDACS-09130 Rev. 06/21 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13436.

3. Test Check Proficiency Results. The laboratory will certify to the Department that it will forward a copy of all test check proficiency results performed in accordance with 9 C.F.R. §75.4(c) (2018) upon request after they are received by the laboratory. 9 C.F.R. §75.4(c) (2018) as incorporated in subparagraph 5C-18.003(3)(c)1., F.A.C.

(d) Renewal of Permits.

1. All issued Permits for Approved Laboratory Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20, expire on December 31 of each year.

2. The Authorized Laboratory Representative must submit the following prior to November 30 of each year for renewal of a laboratory’s Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20:

a. Certification of continuous compliance with the requirements in 9 C.F.R. §75.4 (2018) as incorporated in subparagraph 5C-18.003(3)(c)1., F.A.C., Veterinary Services Memorandum 15201.1 (Apr. 5 2019) as incorporated in subparagraph 5C-18.003(3)(c)1., F.A.C., and all requirements of Chapter 5C-18, F.A.C., by completing the form, Agreement to Conduct the Equine Infectious Anemia Agar Gel Immuno-Difffusion Testing & Statement Certification, FDACS-09130 Rev. 06/20 as incorporated in subparagraph 5C-18.003(3)(c)2., F.A.C.;

b. Copies of reports of all inspections of the laboratory facilities conducted during the current certification period; and

c. Copies of test sample proficiency results consistent with the requirements of this rule.

(e) Revocation of Permit. The Department will revoke any issued Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20 for the following reasons:

1. The laboratory does not immediately report a non-negative EIA test to the Department, as required in paragraph 5C-18.004(2)(b), F.A.C.;

2. The laboratory falsifies a record or a report of an EIA test; or

3. The laboratory no longer meets the standards and requirements as specified in 9 C.F.R. §75.4(c) (2018), USDA Veterinary Services Memorandum 15201.1 (Apr. 5 2019). 9 C.F.R. §75.4(c) (2018) is incorporated in subparagraph 5C-18.003(3)(c)1., F.A.C., and USDA Veterinary Services Memorandum 555.16 (2011) is incorporated in subparagraph 5C-18.003(3)(c)1., F.A.C.

(4) Procedures for Identifying EIA Test Samples.

(a) Receiving Samples. The laboratory must confirm that all EIA test samples received are accompanied by Equine Infectious Anemia Test Form, VS Forms 10-11 (Dec 2020) or an Electronic EIA Laboratory Test, which meet the following requirements:

1. All Equine Infectious Anemia Test Form, VS Forms 10-11 (Dec 2020) and Electronic EIA Laboratory Tests are reviewed by the laboratory staff to ensure that they are complete and accurate.

2. Information needed on incomplete Equine Infectious Anemia Test Form, VS Forms 10-11 (Dec 2020) or an Electronic EIA Laboratory Test must be obtained from the submitting Accredited Veterinarian before the samples may be tested; and

3. The laboratory must confirm that the veterinarian who signed the Equine Infectious Anemia Test Form, VS Forms 10-11 (Dec 2020) or Equine Infectious Anemia Laboratory Test, is accredited pursuant to the USDA, APHIS National Veterinary Accredidation Program as a category II veterinarian in the state where the blood sample was taken.

(b) Laboratory Identification of Samples. All samples must be identified by the receiving laboratory by a unique accession number with the format of YY-X00000, where:

1. YY corresponds to the last two digits of the current year;

2. X is a unique letter assigned by the Department to the laboratory for identification of the laboratory; and

3. 00000 represents consecutive numbers for tests conducted by that laboratory, beginning with 00001 on January 1 of each year.

(5) Laboratory Records, Record Keeping.

(a) The laboratory must maintain a daily log, which records the following test sample information:

1. Date of receipt of test sample;

2. The assigned accession number;

3. Name of the Accredited Veterinarian who submitted the sample;

4. Name of the owner of the Equine;

5. The specific test used;

6. The test result;

7. The date that the report of the EIA test was provided to the submitting veterinarian; and

8. For all non-negative tests, the name of the contact person in the Department and the date that the report of the non-negative EIA test was made to him/her.

(b) Daily logs for the current year and three preceding years must be available for immediate reference or inspection by a Department Representative or USDA, APHIS representative.

History

• Rulemaking Authority 585.002(4), (5), 585.08(2), 585.671 FS. Law Implemented 585.002(5), 585.671, 585.11(1) FS. History–New 10-15-73, Formerly 5C-18.03, Amended 8-15-94, 8-3-99, 9-12-21.

Fla. Admin. Code R. 5C-18.004 Report of Test

(1) Test Report. Results of all EIA tests conducted in an Approved Laboratory will be reported on Equine Infectious Anemia Test Form, VS Form 10-11 (Dec 2020), as incorporated in subsection 5C-18.001(10), F.A.C., or an Electronic EIA Laboratory Test. No other means of reporting is allowed except as required in paragraph 5C-18.004(2)(b), F.A.C.

(a) The individual who certifies a report of an EIA test must be the Authorized Laboratory Representative approved by USDA, APHIS. The certification must be by full signature; initials are not acceptable.

(b) The laboratory will send the Accredited Veterinarian carbon copies of the completed Equine Infectious Anemia Test Form, VS Forms 10-11 (Dec 2020) or electronically provide the Electronic EIA Laboratory Test to the Accredited Veternarian.

(c) The submitting veterinarian may submit written permission with the sample that the owner may pick up the owner’s original carbon copy of the report of an EIA test or be provided an Electronic EIA Laboratory Test after the laboratory completes the requirements of paragraphs 5C-18.004(1)(a), (b), (2), F.A.C.

(d) A laboratory will report to the Department the total number of EIA tests it conducts on Equines residing in Florida each month on the Equine Infectious Anemia Samples Processed FDACS-09266 Rev. 06/20, Equine Infectious Anemia Saples Processed FDACS-09266 Rev. 06/20, is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13437. This report is due to the Department by the 10th of the following month and must be either mailed to 407 South Calhoun Street, Mayo Building, Tallahassee, Florida, 32399-0800 or emailed to the Equine Programs Manager at EquinePrograms@FDACS.gov.

(2) Non-negative EIA Tests.

(a) All non-negative EIA tests must be confirmed by use of the Agar Gel Immuno-Diffusion (AGID) test at the USDA, National Veterinary Services Laboratories.

(b) All reports of non-negative EIA tests must be reported to the Department by telephone to (850)410-0900 or email to RAD@FDACS.gov immediately after completion of the test. If the results were obtained outside of the Department’s normal business hours, they must be reported not later than 9:00 a.m. on the next business day. The following information must be reported:

1. The accession number;

2. The owner’s name and address;

3. The name and complete description of the animal;

4. The physical address where the animal is located; and

5. The name of the Accredited Veterinarian who submitted the sample.

(c) Sera from non-negative EIA test samples must be retained by the laboratory for two years. The samples must be identified and must be stored in a frozen state.

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.18 FS. History–New 10-15-73, Formerly 5C-18.04, Amended 8-15-94, 9-12-21.

Fla. Admin. Code R. 5C-18.005 Report of Disease

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.18 FS. History–New 10-15-73, Formerly 5C-18.05, Amended 8-15-94, Repealed 7-5-95.

Fla. Admin. Code R. 5C-18.006 Identification of Reactors

Owners of Reactors must present their animals to the Department Representative when requested, and assist as required, to enable the representative to collect additional samples or to permanently identify the animal.

(1) Determination of Reactor from Test(s).

(a) Six Months of Age or Older. Any Equine six months of age or older which has a report of a non-negative EIA test is a Reactor and must be quarantined as provided in Rule 5C-18.007, F.A.C. and must be permanently identified by a Department Representative as provided in subsection 5C-18.006(2), F.A.C.

(b) Retest of Reactors. The owner of an Equine may request a retest of an animal prior to final classification by the Department as a Reactor. Retests must be:

1. Submitted by an Accredited Veterinarian, to the Bronson Animal Disease Diagnostic Laboratory or the USDA, National Veterinary Services Laboratories, at the owner’s expense, and

2. Completed within 21 calendar days of the date of the initial report of a positive EIA test.

(c) Forfeiture of Retest Option. The owner of the Equine will forfeit the option to retest the Equine if the above requirements are not fulfilled.

(d) Referee Test. In the event that test results of the initial test and the retest are not the same, a blood sample for a referee test will be collected within 10 days by a Department Representative and submitted to Bronson Animal Disease Diagnostic Laboratory or the USDA, National Veterinary Services Laboratories. Final classification of the Equine will be determined by the Director based on the consensus of the results of the three tests.

(e) Equines Under Six Months of Age. Equines under six months of age, which have a report of a non-negative EIA test, will be immediately placed under quarantine. The Equine under six months of age must be retested at six months of age or not less than 60 days after weaning, whichever is longer.

1. Samples for retest of Equines under six months of age will be collected and submitted by an Accredited Veterinarian at the owner’s expense.

2. If the retest is positive, the Equine must be permanently identified by a Department Representative as provided in subsection 5C-18.006(2), F.A.C.

3. If the retest is negative, the Equine will be released from quarantine.

(2) Permanent Identification of Reactors. Reactors must be permanently identified by visible alpha-numeric freeze brand.

(a) The alpha-numeric brand must include the letter ‘A’ preceded by the numeral ‘58’ and followed by a four digit number assigned by the Department to indicate the individual identification of each Reactor.

(b) The alpha-numeric brand must be placed on the left side of the neck just below the top line and midway between the head and shoulder.

(c) Each brand marking must be not less than two inches in height.

(3) Isolation of Reactors. Permanently identified Reactors must be placed in an Approved Quarantine Premises as provided in subsection 5C-18.007(6), F.A.C., or disposed of as provided in subsection 5C-18.007(3), F.A.C., or be euthanized and buried, rendered, or burned.

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.16 FS. History–New 10-15-73, Formerly 5C-18.06, Amended 8-15-94, 8-5-21.

Fla. Admin. Code R. 5C-18.007 Quarantine

(1) A Department Representative will quarantine an Equine and require it to be isolated from all other Equine if the Equine:

(a) Is designated as a Reactor,

(b) Is designated as a Suspect, or

(c) Is designated as Exposed.

(2) Certification to Comply. The owner or owner’s representative must complete an Application for Designation As An Equine Infectious Anemia Approved Quaratine Premises, FDACS-09202 Rev. 06/21. Application for Designation As An Equine Infectious Anemia Approved Quaratine Premises, FDACS-09202 Rev. 06/21, is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13438.

(3) A Reactor may not be moved from quarantine except for movement to:

(a) Approved Quarantine Premises; or

(b) A landfill for burial or to a facility for incineration upon verification of death of the Reactor by the Department and the submission of veterinary documentation of euthanasia or a certificate of death of the Reactor to the Department.

(4) A Suspect may not be released from EIA Quarantine until an Official Test determines that the an Equine is not a Reactor.

(a) A negative Official Test, not less than 60 days after the onset of clinical signs, will qualify a Suspect for release from EIA Quarantine.

(b) If an Official Test report of a negative EIA test is provided while the Suspect is exhibiting clinical signs of the disease, a retest must be conducted. The retest must be conducted not less than 60 days after the initial test. If the retest is negative, an Equine will be released from EIA Quarantine.

(5) An Exposed may not be released from EIA Quarantine until an Official Test determines that the Equine is not a Reactor.

(a) A report of a single negative, Official Test, conducted not less than 60 days after the last known exposure, will qualify the Exposed for release from EIA Quarantine.

(b) If an Exposed is designated as a Reactor, all other Exposed in the group will remain under EIA Quarantine and isolation, and must be retested in not less than 60 days, after the last known exposure.

(6) Approved Quarantine Premises. Any premises where a Reactor is to be maintained must be approved in advance by the Director. A premise shall be approved by the Director to be an Approved Quarantine Premises upon compliance with the requirements in paragraphs (a)-(d).

(a) Written Request. The owner of the premises where a Reactor is to be maintained, or an authorized representative of the owner, must submit a written request for approval of the premises to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 using the form Application for Designation as an Equine Infectious Anemia Approved Quarantine Premesis, FDACS-09202 Rev. 06/21 as incorporated in subsection 5C-18.007(2), F.A.C.

(b) Fee. All Approved Quarantine Premises must pay an annual fee of $200.00, paid by certified check or money order made payable to the Florida Department of Agriculture and Consumer Services. The annual fee must be received by the anniversary date of the approval of the quarantine premises. If the annual fee has not been processed within 60 days of the approval anniversary date, the facility will no longer be approved and any request will be processed as an initial request, as provided in this section.

(c) Any individual or organization that maintains reactors for research, educational, or therapeutic purpose at an Approved Quarantine Premises shall be exempt from payment of the fee.

(d) Requirements for Premises. The minimum requirements for an Approved Quarantine Premises are as follows:

1. Premises or designated quarantine area where a Reactor is to be maintained must be located and fenced so that a Reactor remains at least 200 yards from all other Equines at all times;

2. The perimeter fence and all entrances into the Approved Quaratine Premises or designated quarantine area must have “Quarantine” placards which are at least 10 inches by – 12 inches in size and which are placed where they are clearly visible; and

3. Only Reactor are confined in the designated quarantine area.

(e) Monthly Inspections. A Department Representative will conduct a monthly inspection of Approved Quarantine Premises to ensure that the premises continue to meet all requirements of paragraph 5C-18.007(5)(d), F.A.C., and that quarantined Equines have not been removed from the quarantine area.

(f) An Equine may not enter or leave an Approved Quarantine Premises except when accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (June 1989) incorporated in subsection 5C-3.001(34), F.A.C., issued by a Department Representative.

(g) The death of any Exposed, Suspect, or Reactor must be reported to the Division within 24 hours by email to RAD@FDACS.gov or by telephone (850)410-0900. If the death occurs outside business hours, the Division must be notified by email to RAD@FDACS.gov or by telephone (850)410-0900 by 9:00 a.m. the following business day. The death must also be reported within 72 hours by completing and submitting the form, Certificate of Euthanasia of Equine Infectious Anemia Reactor, FDACS-09022 Rev. 06/21 which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13439. The completed Certificate of Euthanasia of Equine Infectious Anemia Reactor, FDACS-09022 Rev. 06/21, must be submitted with a clear photograph of the deceased equine’s EIA freeze brand and reported by mail to Equine Programs Office 407 South Calhoun Street, Tallahassee, Florida 32399-0800, or email to the Equine Programs Manager at EquinePrograms@FDACS.gov.

(h) Revocation of Approval of Approved Quarantine Premises.

1. Violation of any provisions of this section will result in revocation of approval to operate an Approved Quarantine Premises and enforcement action may be taken against those persons responsible for such violations if such person remains in violation after having received not less than ten days written notice by the Department of the violation.

2. If any requirements of subsection 5C-18.007(6), F.A.C., for Approved Quarantine Premises cannot be maintained, the owner(s) of the Equine(s) will be allowed 15 days to relocate the Equine(s) to an Approved Quarantine Premise; to dispose of the Reactors as provided in subsection 5C-18.007(2), F.A.C.; or to euthanize the animals.

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.08(1), 585.145(1), (2), 585.16, 585.671 FS. History–New 10-15-73, Formerly 5C-18.07, Amended 8-15-94, 8-3-99, 9-12-21.

Fla. Admin. Code R. 5C-18.008 Movements into Quarantined Facilities

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.08(1), 585.145(1), (2), 585.16, 585.671 FS. History–New 10-15-73, Formerly 5C-18.08, Amended 8-15-94, Repealed 8-15-94.

Fla. Admin. Code R. 5C-18.009 Unaffected Horses on Quarantined Premises

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.08(1), 585.145(1), (2), 585.16, 585.671 FS. History–New 10-15-73, Formerly 5C-18.09, Amended 8-15-94, Repealed 8-15-94.

Fla. Admin. Code R. 5C-18.010 Test Required for Movement, Assembly, Change of Ownership, and for Breeding Stallions and Mares

(1) Negative EIA Test for Movement. All Equines imported into Florida, or moving within the state, must be accompanied by an Official Report of a negative EIA test conducted within the previous 12 months. The test must be reported on one of the following documents:

(a) Equine Infectious Anemia Laboratory Test, VS Form 10-11 (Dec 2020), as incorporated in subsection 5C-18.001(10), F.A.C.;

(b) Florida Negative EIA Test Verification Card;

(c) EIA reporting form approved by the USDA and another state’s animal health official; including Electronic EIA Laboratory Test. An Electronic EIA Laboratory Test may be presented on an electronic device if:

1. The electronic reporting form is in the original format and has not been altered;

2. Is of size and image quality to provide a clear, legible document; and

3. The device properly displays all document information.

(2) Negative Official Test for Assembly. Equines which are congregated or commingled at public or private assemblies must be accompanied by a report of a negative Official Test conducted within the previous 12 months. Such assemblies include boarding stables and pastures, shows, exhibitions, fairs, rodeos, racetracks, trailrides and any other public or private assemblies. Equines that do not attend public or private assemblies but are housed with or commingled with Equines that congregate or are commingled at public or private assemblies must have an Official Report of a negative Official Test conducted within the previous 12 months. The test must be reported as described in paragraphs 5C-18.010(1)(a)-(c), F.A.C.

(a) The report of an Official Test must accompany an Equine for admission to any point of assembly described above, and must accurately describe the animal as provided in subparagraph 5C-18.003(1)(d)1., F.A.C. If this requirement is not met, the Equine must be denied entry into the point of assembly.

(b) The owner, sponsor, or the person designated in charge of a public or private assembly where Equines congregate or are commingled is responsible for ensuring that Equines entering the public or private assembly meet the Official Test requirements of this section.

(3) Negative Official Test for Change of Ownership. All Equines must have an Official Report of a negative Official Test conducted within the previous 12 months for change of possession of the Equine by public and private sales, trial usage, gifts, and rentals or leases. The Official Test must be reported as described in paragraph 5C-18.010(1)(a) or (c), F.A.C. The Official Test report must be the owners original document or an original laboratory certified copy. No photocopies or facimile will be accepted for change of ownership, except for approved Electronic EIA Laboratory Test documents printed in color.

(a) For public sale, the report of a negative Official Test must be presented upon request to a Department Representative for inspection and approval prior to the sale. The Department Representative, upon approval of the Equine for sale, will give the negative Official Test report as described in paragraphs 5C-18.010(1)(a) and (c), F.A.C., to sale management for transfer to the buyer after the sale or for return to the owner if the Equine is not sold.

(b) For private sale or other transfer of possession, the negative Official Test report, must be provided by the owner or owner’s agent to the new owner or custodian at the time of change of location or ownership.

(4) Negative EIA Test for Breeding Stallions and Mares. All Equines used for breeding purposes must have a report of a Negative Official Test conducted within 12 months prior to breeding. The test must be reported as described in paragraphs 5C-18.010(1)(a)-(c), F.A.C.

(5) Equines under 6 months of age are exempt from test requirements of this section when accompanied by their dam if the dam has an Official Test reported as described in paragraphs 5C-18.010(1)(a)-(c), F.A.C., indicating a negative EIA test within the past 12 months.

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.145(2), 585.16, 585.671 FS. History–New 10-15-73, Amended 3-23-74, Formerly 5C-18.10, Amended 8-15-94, 9-12-21.

Fla. Admin. Code R. 5C-18.011 Procedures for Assembly Points, Approved Quarantine Assembly Points, Approved Quarantine Premises, and Horse Slaughter Sales

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.14, 585.16, 585.23, 585.18, 585.19 FS. History–New 10-15-73, Formerly 5C-18.11, Amended 8-15-94, 8-3-99, Repealed 8-5-21.

Fla. Admin. Code R. 5C-18.012 Violation of Rules

History

• Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.145(2), 585.007(1), (2) FS. History–New 10-15-73, Formerly 5C-18.12, Amended 8-15-94, Repealed 8-15-94.

Fla. Admin. Code R. 5C-18.013 Penalties for Violations

History

• Rulemaking Authority 585.002(4) FS. Law Implemented 585.007, 585.145(3) FS. History–New 8-15-94, Repealed 7-5-95.

Chapter 5C-20 DANGEROUS TRANSMISSIBLE DISEASES

Fla. Admin. Code R. 5C-20.001 Definitions

History

• Rulemaking Authority 585.002(3), 585.15 FS. Law Implemented 585.15 FS. History‒New 10-15-84, Formerly 5C-20.01, Amended 6-1-92, Repealed 5-15-92.

Fla. Admin. Code R. 5C-20.002 Declaration; Requirement to Report

Each of the following pests or diseases is declared to be a dangerous, transmissible pest or disease of animals and to constitute an animal and/or public health risk. Any person who has knowledge of, or suspects, the existence of any of the following diseases or pests in the state shall immediately report suspicions or findings to the State Veterinarian (during office hours: (850)410-0900; fax: (850)410-0915; after hours: 1(800)342-5869; email: rad@freshfromflorida.com).

(1) African Horse Sickness.

(2) African Swine Fever.

(3) Anthrax.

(4) Avian Influenza.

(5) Bont Tick infestation (Amblyomma).

(6) Bovine Piroplasmosis (Cattle Tick Fever).

(7) Bovine Spongiform Encephalopathy.

(8) Brucellosis (B. abortus, B. suis).

(9) Southern Cattle Tick Infestation (Boophilus).

(10) Chlamydiosis (Psittacosis, Ornithosis).

(11) Classical Swine Fever.

(12) Chronic Wasting Disease.

(13) Contagious Bovine or Caprine Pleuropneumonia.

(14) Contagious Equine Metritis.

(15) Dourine.

(16) Equine Encephalitis (Eastern, Western, Venezuelan, or West Nile Virus).

(17) Equine Herpes Virus (Neurological Disease).

(18) Equine Infectious Anemia.

(19) Equine Piroplasmosis (Horse Tick Fever).

(20) Equine Viral Arteritis.

(21) Exotic Newcastle Disease.

(22) Foot and Mouth Disease.

(23) Glanders.

(24) Heartwater.

(25) Infectious Bronchitis.

(26) Infectious Laryngotracheitis.

(27) Lumpy Skin Disease.

(28) Mycoplasmosis (poultry).

(29) Peste des Petits Ruminants.

(30) Pseudorabies (Aujeszky’s Disease).

(31) Pullorum Disease.

(32) Rabies.

(33) Rift Valley Fever.

(34) Rinderpest.

(35) Salmonella Enteritidis.

(36) Scabies (sheep or cattle).

(37) Scrapie (sheep or goats).

(38) Screwworm Infestation.

(39) Sheep and Goat Pox.

(40) Strangles (Equine).

(41) Spring Viremia of Carp.

(42) Swine Vesicular Disease.

(43) Tropical Horse Tick Infestation (Demacentor nitens).

(44) Tuberculosis.

(45) Vesicular Exanthema.

(46) Vesicular Stomatitis.

History

• Rulemaking Authority 585.002(4), 585.15 FS. Law Implemented 585.14, 585.145(1), 585.15 FS. History–New 10-15-84, Formerly 5C-20.02, Amended 6-1-92, 5-15-95, 9-19-05, 4-30-08.

Fla. Admin. Code R. 5C-20.003 Reporting

History

• Rulemaking Authority 585.002(3) FS. Law Implemented 585.18(1) FS. History‒New 6-1-92, Repealed 5-15-95.

Fla. Admin. Code R. 5C-20.004 Requirement to Report Suspicious Disease Incidents

Any person who has knowledge of, or suspects, the existence of any other unusual animal disease or pest in the state which may be a foreign or a newly-emerging disease that might result in unusually high animal loss, economic damage, or is suspected of causing human disease, should immediately report suspicions or findings to the State Veterinarian (during office hours: (850)410-0900; fax: (850)410-0915; after hours: 1(800)342-5869; email: rad@freshfromflorida.com).

History

• Rulemaking Authority 585.002(4), 585.007, 585.15 FS. Law Implemented 585.14, 585.15, 585.145(1) FS. History–New 9-19-05.

Chapter 5C-21 PSEUDORABIES

Fla. Admin. Code R. 5C-21.001 Purposes. (Repealed)

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.20, 585.145(1), (2) FS. History‒New 5-17-87, Repealed 10-23-94.

Fla. Admin. Code R. 5C-21.002 Definitions

(1) Accredited Veterinarian. A veterinarian licensed in the state of origin and approved by the Administrator, United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) to perform certain functions of federal and cooperative state-federal programs in accordance with the provisions of Title 9 Code of Federal Regulations (9 CFR) § 160 – §162 (2004).

(2) Administrator. The Administrator of USDA, APHIS, or any person authorized to act for the Administrator.

(3) Approved Game Reserve. A premises containing game animals intended for hunting which complies with the requirements of a quarantined feedlot under 9 CFR § 85.1 (2004) also meeting the following criteria:

(a) Operates under a written herd health plan, utilizing criteria provided in Initial Approval and Inspection of an Approved Game Reserve for the Acceptance of Feral Swine, DACS-09197 11/04, that is approved by the State Veterinarian;

(b) Is surrounded by fencing adequate to reasonably prevent both the escape of enclosed animals and unsolicited additions of animals outside of the enclosure;

(c) Accepts swine of unknown disease status;

(d) Collects blood and/or tissue samples from swine at the time of kill and submits the samples for testing by the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Bureau of Diagnostic Laboratories, or USDA.

(e) Allows swine to leave the facility only when they are killed or sold through direct-to-slaughter-only trade channels, or transported to another Approved Game Reserve.

(4) Approved All-Class Market. A livestock market approved by the Administrator pursuant to 9 CFR § 71.20 (2004) where swine are received, handled and released in accordance with Federal interstate regulations and applicable state regulations and 9 CFR § 71 (2004), § 78 (2004), and § 85 (2004).

(5) Approved Differential Pseudorabies Test. Any test for the diagnosis of pseudorabies that:

(a) Can distinguish vaccinated swine from infected swine;

(b) Is produced under license from the Secretary of Agriculture with indications for use in the Cooperative State-Federal-Industry Pseudorabies Eradication Program; and

(c) Is conducted by the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Bureau of Diagnostic Laboratories, or USDA.

(6) Approved Feral Swine Holding Facility. A temporary holding facility for captured feral swine prior to being slaughtered, moved directly to slaughter, or moved to an Approved Game Reserve. Such facility must be inspected and approved annually by the Department, utilizing criteria provided in Application/Inspection for Approved Feral Swine Holding Facility and/or Registration as a Feral Swine Dealer, DACS-09188 11/04.

(7) Approved Pseudorabies Vaccine. A pseudorabies vaccine licensed by USDA as provided in 9 CFR § 102 (2004), and the State Veterinarian for use in the state as provided in Section 585.21, F.S.

(8) Approved Slaughter Market. A livestock market approved by the Administrator pursuant to 9 CFR § 71.20 (2004) where slaughter swine are received, handled, and released in accordance with applicable state regulations and 9 CFR § 71 (2004), § 78 (2004), and § 85 (2004).

(9) Area Veterinarian-in-Charge (AVIC). The veterinary official of USDA, APHIS who is assigned by the Administrator to supervise and perform animal health work in the state/area.

(10) Brucellosis. An infectious disease of animals and humans caused by bacteria of the genus Brucella.

(11) Commercial Production Swine Herd. A swine herd approved and recognized by the Division that has been continuously managed with adequate facilities and practices to prevent exposure to either transitional or feral swine. These herds meet or exceed the requirements of a Pseudorabies Monitored Feeder Pig Herd, a Validated Brucellosis Herd, and a Qualified Pseudorabies Negative Herd, provided that after the initial qualifying test, an appropriate percentage of the herd is tested monthly or quarterly as specified in The Pseudorabies Eradication Program Standards, APHIS 91-55-071, November 1, 2003, The Swine Brucellosis Control/Eradication Uniform Methods & Rules, APHIS 91-55-042, April 1998, and 9 CFR § 78.1 & § 85.1 (2004).

(12) Commercial Production Swine Herd Management Plan. A written herd management and testing agreement between the Division and the herd owner which must be renewed annually.

(13) Common Ground. The ground, area, building, and equipment commonly shared by any specific group of livestock.

(14) Dealer. Any person who engages in the business of buying or selling swine in commerce, either for their own account or as an employee or agent of the seller or buyer or any person who engages in the business of buying or selling swine in commerce on a commission basis. The term shall not include persons who buy or sell swine only as part of their own breeding and feeding operation or who receive swine exclusively for immediate slaughter on their own premises and who are not otherwise engaged in the business of buying, selling, trading, or negotiating transfer of swine.

(15) Department. The Florida Department of Agriculture and Consumer Services.

(16) Direct Shipment of Feral or Transitional Swine. Movement of feral or transitional swine without unloading en route and without contact with infected or exposed livestock.

(17) Division. The Division of Animal Industry of the Department.

(18) Exposed Livestock. All susceptible livestock that have been in contact with an animal infected with pseudorabies, including all susceptible livestock in a known infected herd. Susceptible livestock other than swine that have not been exposed to a clinical case of pseudorabies for the last ten consecutive days shall no longer be considered to be exposed.

(19) Feral Swine. Swine that are free-roaming.

(20) Feral Swine Dealer. Any person that traps, buys, sells, or trades feral swine and is registered with the Division by submitting the Application/Inspection for Approved Feral Swine Holding Facility and/or Registration as a Feral Swine Dealer, DACS-09188 10/04.

(21) Herd. Any group of livestock maintained on common ground for any purpose or two or more groups of livestock under common ownership or supervision geographically separated but which have an interchange of animals.

(22) Herd Cleanup Plan. A written, mandatory plan to eliminate or control pseudorabies from a swine herd which is developed by a pseudorabies epidemiologist and other designated state and federal representatives in consultation with the herd owner and, when requested by the owner, the owner’s veterinary practitioner, utilizing criteria provided in Herd Cleanup Plan – Swine, DACS-09209 11/04, and as provided in Pseudorabies Eradication, State-Federal-Industry Program Standards, APHIS 91-55-071, November 1, 2003 and is approved by the Division.

(23) Isolation. Separation of individual swine by a physical barrier in a manner that assures one pig does not have access to the body, excrement, or discharges of another pig; does not share a building with a common ventilation system; and is not within ten feet of another pig.

(24) Official Individual Identification. A unique individual identification that is secure, traceable, and capable of carrying unique numbers from a central repository; including, but not limited to: official USDA eartags that conform to the alphanumeric National Uniform Eartagging System, ear tattoo, using the National Uniform Tag code number assigned by USDA to the state of origin, or any electronic identification device with a unique number that is recorded in a single central database, or other USDA-approved identification device that conforms to the alphanumeric National Uniform Eartagging System. It may bear the valid premises identification used in conjunction with the producer’s livestock production numbering system to provide a unique identification number. An owner’s private brand or tattoo, even though permanent and registered in the state of origin, is not an acceptable individual animal identification for the purposes of entry into Florida.

(25) Official Random-Sample Test. A sampling procedure utilizing a pseudorabies test or an approved differential pseudorabies test, which provides a 95 percent probability of detecting infection in a herd in which at least 5 percent of the swine are positive for pseudorabies. Each segregated group of swine on an individual premises is considered to be a herd and must be sampled as provided in the Program Standards.

(26) Owner. The owner of the animal or herd or the owner’s authorized representative or agent.

(27) Program Standards. The requirements for the pseudorabies eradication program as provided in USDA APHIS publication, Pseudorabies Eradication, State-Federal-Industry Program Standards, APHIS 91-55-071, November 1, 2003.

(28) Pseudorabies. The contagious, infectious, and communicable disease of livestock and other animals also known as Aujeszky’s disease, mad itch, or infectious bulbar paralysis.

(29) Pseudorabies Epidemiologist. A state or federal veterinarian designated by the State Veterinarian and the USDA, APHIS AVIC to investigate and diagnose pseudorabies in livestock.

(30) Pseudorabies Test. Any official test used for the diagnosis of pseudorabies approved by the Division and conducted in an approved laboratory. Approved tests are listed in 9 CFR § 85.1 (2004).

(31) Quarantine. A legally directed isolation of animals or defined geographic area to prevent the spread of disease or pests.

(32) Recognized Slaughtering Establishment. A slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. 601 et seq.)

(33) Risk Assessment. An epidemiologic analysis completed by a state or federal representative, and approved by the Division, as provided in Epidemiological Analysis Herd Risk Assessment, DACS-09156 11/04, that evaluates the probability for exposure to swine of unknown disease status.

(34) Segregate. To maintain a group of swine separate from another group of swine in such a manner as to prevent physical contact between swine of the two groups.

(35) State or Federal Representative. A full-time employee of USDA, APHIS approved by the Area Veterinarian-in-Charge; or a full-time employee of the Department approved by the State Veterinarian.

(36) State Swine Health Advisory Committee. An advisory committee appointed by the State Veterinarian which is composed of representatives of swine producers and swine organizations within the state, licensed accredited veterinarians, general farm organizations, livestock markets, recognized slaughtering establishments, animal scientists, and state and federal regulatory officials.

(37) State Veterinarian. The Director of the Division of Animal Industry, Florida Department of Agriculture and Consumer Services.

(38) Susceptible Livestock. Swine, cattle, sheep, and goats.

(39) Commercial Production Swine Herd Management Plan. A written herd management and testing agreement between the Division and the herd owner which must be renewed annually.

(40) Transitional Swine. Swine that have been, or have had the potential to be, exposed to swine of unknown status, including feral swine.

(41) Forms and Materials. Initial Approval and Inspection of an Approved Game Reserve for the Acceptance of Feral Swine, DACS-09197 11/04, Herd Cleanup Plan – Swine, DACS-09209 11/04, Epidemiological Analysis Herd Risk Assessment, DACS-09156 11/04, and Application/Inspection for Approved Feral Swine Holding Facility and/or Registration as a Feral Swine Dealer, DACS-09188 11/04 are hereby incorporated by reference. Pseudorabies Eradication, State-Federal-Industry Program Standards, APHIS 91-55-071, November 1, 2003, The Swine Brucellosis Control/Eradication Uniform Methods & Rules, APHIS 91-55-042, April 1998, Federal Meat Inspection Act (21 U.S.C. 601 et seq.), 9 CFR § 71 (2004), 9 CFR § 78 (2004), 9 CFR § 85 (2004), 9 CFR § 102 (2004), and 9 CFR § 160 – § 162 (2004), are hereby incorporated by reference. Copies of Department forms may be obtained from the Division of Animal Industry, 407 S. Calhoun St., Tallahassee, FL 32399-0800; (850)410-0900. Copies of USDA forms and materials may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 570.0705, 585.01, 585.08(1), 585.11, 585.145(1) FS. History–New 5-17-87, Amended 10-23-94, 9-2-99, 1-30-05.

Fla. Admin. Code R. 5C-21.003 Dangerous Transmissible Disease (Pseudorabies). (Repealed)

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.15 FS. History‒New 5-17-87, Amended 10-23-94, Repealed 7-2-95.

Fla. Admin. Code R. 5C-21.004 Reporting Pseudorabies Outbreaks. (Repealed)

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.18, 585.19 FS. History‒New 5-17-87, Amended 10-23-94, Repealed 7-2-95.

Fla. Admin. Code R. 5C-21.005 Classification or Status Herds (or Premises). (Repealed)

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.16 FS. History‒New 5-17-87, Repealed 10-23-94.

Fla. Admin. Code R. 5C-21.006 Quarantined Herds. (Repealed)

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), 585.17, 585.145(1), (2), 585.23, 585.40 FS. History‒New 5-17-87, Repealed 10-23-94.

Fla. Admin. Code R. 5C-21.007 Vaccination. (Repealed)

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.20, 585.21, 585.145 FS. History‒New 5-17-87, Repealed 10-23-94.

Fla. Admin. Code R. 5C-21.008 Documents. (Repealed)

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.20, 585.145(2), 585.17 FS. History‒New 5-17-87, Repealed 10-23-94.

Fla. Admin. Code R. 5C-21.009 Cleaning and Disinfecting

History

• Rulemaking Authority 585.002(3), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16, 585.23 FS. History‒New 5-17-87, Repealed 10-23-94.

Fla. Admin. Code R. 5C-21.010 General Requirements and Limitations

(1) Owner Cooperation Required. With notice from the Department, the owner of any swine must present the swine for testing and other procedures required in this chapter, and provide the necessary facilities and personnel to assist the state or federal representative in conducting these tests and procedures.

(2) Official Individual Identification. All swine presented for testing must have official individual identification.

(3) Cooperation with USDA, APHIS. The Department shall cooperate with the USDA, APHIS in implementing the Pseudorabies Eradication, State-Federal-Industry, Program Standards as specified in APHIS 91-55-071, November 1, 2003.

(4) State Swine Health Advisory Committee. The State Veterinarian is authorized to establish the State Swine Health Advisory Committee. The committee shall act in an advisory capacity to the State Veterinarian regarding the control and eradication of swine diseases.

(5) Natural Habitat Removals. Any person who removed feral swine from their natural habitat is responsible for satisfying the movement requirements contained in this section.

(6) Feral Swine Dealers Registration. Feral Swine Dealers are required to be registered with the division and must keep records of all transactions, dealing with feral swine, listing names, addresses, telephone numbers (when available), dates, and the total number of animals.

(7) Materials. Pseudorabies Eradication, State-Federal-Industry, Program Standards as specified in APHIS 91-55-071, November 1, 2003, are hereby incorporated by reference. Copies of the Program Standards may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 570.0705, 585.002(5), 585.08(1), 585.11, 585.145(1), (2), 585.17, 585.23, 585.40 FS. History–New 10-23-94, Amended 9-2-99, 1-30-05.

Fla. Admin. Code R. 5C-21.011 Vaccination, Approval and Procedures

(1) Approval. No person shall produce, distribute, sell, or use any pseudorabies vaccine for the immunization of any swine in the state unless such vaccine is a USDA-licensed pseudorabies vaccine.

(2) Vaccination of swine for pseudorabies shall be authorized provided:

(a) Prior approval is given by the State Veterinarian based on the results of an epidemiological analysis herd risk assessment as provided in Epidemiological Analysis Herd Risk Assessment, DACS-09156 11/04, evidence of recurrent exposure or infection, and completion of a swine herd cleanup plan as provided in Herd Cleanup Plan – Swine, DACS-09209 11/04;

(b) Only an approved pseudorabies vaccine is used;

(c) Vaccination is performed by or under the direct supervision of an accredited veterinarian or a state or federally employed veterinarian;

(d) Vaccinated animals are permanently identified by an official individual identification; and

(e) Vaccine is used only in pseudorabies infected, exposed, or high-risk herds as determined and recommended by a pseudorabies epidemiologist.

(3) Forms. Epidemiological Analysis Herd Risk Assessment, DACS-09156 11/04 and Herd Cleanup Plan – Swine, DACS-09209 11/04 are hereby incorporated by reference. Copies may be obtained from the Division of Animal Industry, 407 S. Calhoun St., Rm. 333, Tallahassee, FL 32399-0800, (850)410-0900.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145, 585.20, 585.21 FS. History–New 10-23-94, Amended 9-2-99, 1-30-05.

Fla. Admin. Code R. 5C-21.012 Procedures for Control and Eradication of Pseudorabies

(1) Pseudorabies Testing.

(a) Herd Testing.

1. All swine herds in the state are subject to test as required by the Division.

2. Subject to availability of funds, initial testing required for establishing a Commercial Production Swine Herd shall be conducted at state expense.

(b) Circle Testing. An official random-sample test is required of all swine herds within a 2 mile radius of positive herds.

(c) Surveillance Testing. All sows and boars slaughtered at a recognized slaughtering establishment shall be tested for pseudorabies and shall be identified back to the person consigning the swine to the slaughtering establishment. Any herd to which pseudorabies positive swine are traced shall be placed under quarantine.

(2) Disposition of Swine.

(a) All positive animals must be isolated immediately.

(b) Subject to the availability of funds, the Division shall indemnify and reimburse the owner of pseudorabies positive swine, not to exceed the sum of $35.00 per animal, if it is shown that:

1. The swine were positive to a pseudorabies test;

2. The swine were maintained in strict isolation from the date of the positive test until slaughtered;

3. The swine were slaughtered within 15 days of the date of the positive test;

4. The premises were cleaned and disinfected within 15 days of the date of the removal of all positive animals.

(c) All sows in infected breeding herds must be tested prior to or at farrowing and all positive sows removed from the herd for slaughter or isolation for slaughter within 15 days after weaning. All boars must be tested quarterly and all positives removed from the herd for slaughter or isolation for slaughter within 15 days after test results are reported.

(3) Herd Cleanup Plan, mandatory.

(a) When pseudorabies has been discovered in a swine herd, the owner shall enter into a Herd Cleanup Plan as provided in Herd Cleanup Plan – Swine, DACS-09209 11/04, with the Department within 90 days of receiving Notice of Quarantine, DACS-09030 Rev. 08/04.

(b) The Department and the pseudorabies epidemiologist shall monitor the progress of the herd and coordinate testing and surveillance activities in the surrounding area as determined by epidemiological evidence to detect and prevent the spread of the disease.

(c) All sows in infected breeding herds must be tested prior to or at farrowing and all positive sows removed from the herd for slaughter or isolation for slaughter within 15 days after weaning. All boars must be tested quarterly and all positives removed from the herd for slaughter or isolation for slaughter within 15 days after test results are reported.

(d) Modifications to the original Herd Cleanup Plan are accepted with full agreement of the pseudorabies epidemiologist or his designee, the herd owner, and the owner’s veterinary practitioner when requested by the owner and upon approval by the Division.

(e) If the herd owner fails or refuses to enter into an agreement to establish a Herd Cleanup Plan, the Department shall immediately initiate enforcement action against the owner as provided in Section 585.007, F.S.

(4) Forms. Herd Cleanup Plan – Swine, DACS-09209 11/04 and Notice of Quarantine, DACS-09030 Rev. 08/04 are hereby incorporated by reference. Copies of the form may be obtained from the Division of Animal Industry, 407 S. Calhoun St., Rm. 333, Tallahassee, FL 32399-0800, (850)410-0900.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.08(3), 585.09, 585.11(1), (2), 585.145(1), (2), 585.20 FS. History–New 10-23-94, Amended 9-2-99, 1-30-05.

Fla. Admin. Code R. 5C-21.013 Pseudorabies Quarantine, Release Procedures and Disposition of Swine. (Repealed)

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), (2) FS. History‒New 10-23-94, Repealed 7-2-95.

Fla. Admin. Code R. 5C-21.014 Herd Programs, Classification. (Repealed)

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.16, 585.145 FS. History‒New 10-23-94, Repealed 7-2-95.

Fla. Admin. Code R. 5C-21.015 Swine Movement Requirements

(1) Commercial Production Swine. Swine from Commercial Production Swine Herds may be moved without testing. Swine moved to a Commercial Production Swine Herd must be moved directly from another Commercial Production Swine Herd or must be segregated from all other swine and be tested negative for pseudorabies on two consecutive tests conducted at least 60 days apart.

(2) Transitional Swine. Transitional swine moved from Florida to another State for purposes other than immediate slaughter must be negative to a pseudorabies test conducted within 30 days prior to movement and must be segregated from other swine between the time of testing and movement out of Florida.

(3) Feral Swine. Feral swine may be moved directly to a recognized slaughtering establishment, an Approved Game Reserve (Initial Approval and Inspection of an Approved Game Reserve for the Acceptance of Feral Swine, DACS-09197 11/04), or to an Approved Feral Swine Holding Facility (Application/Inspection for Approved Feral Swine Holding Facility and/or Registration as a Feral Swine Dealer, DACS-09188 11/04) without testing. Feral swine moved to other locations must be segregated from all other swine and be tested negative for pseudorabies on two consecutive tests conducted at least 60 days apart.

(4) Forms. Initial Approval and Inspection of an Approved Game Reserve for the Acceptance of Feral Swine, DACS-09197 11/04 and Application/Inspection for Approved Feral Swine Holding Facility and/or Registration as a Feral Swine Dealer, DACS-09188 11/04 are hereby incorporated by reference. Copies may be obtained from the Division of Animal Industry, 407 S. Calhoun St., Tallahassee, FL 32399-0800; (850)410-0900.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (2), 585.145(1), (2), 585.16 FS. History–New 10-23-94, Amended 9-2-99, 1-30-05.

Fla. Admin. Code R. 5C-21.016 Fees for Services. (Repealed)

History

• Rulemaking Authority 585.002(5), 585.08(2) FS. Law Implemented 585.002(5) FS. History‒New 10-23-94, Repealed 7-2-95.

Fla. Admin. Code R. 5C-21.017 Penalty for Violation. (Repealed)

History

• Rulemaking Authority 585.002(4), 585.08 FS. Law Implemented 585.007 FS. History‒New 10-23-94, Repealed 7-2-95.

Fla. Admin. Code R. 5C-21.018 Commercial Production Swine Herd Requirements

A swine herd may be approved and recognized as a Commercial Production Swine herd by fulfilling the following requirements:

(1) Submission of a written request by a swine herd owner to the Division for a herd to be considered for recognition as a Commercial Production Swine herd;

(2) Completion of an epidemiological analysis herd risk assessment that results in a determination of low risk as scored on Epidemiological Analysis Herd Risk Assessment, DACS-09156 11/04;

(3) Completion of negative herd test for pseudorabies and brucellosis, as specified in the Pseudorabies Eradication Program Standards, APHIS 91-55-071, November 1, 2003, and The Swine Brucellosis Control/Eradication, Uniform Methods & Rules, APHIS 91-55-042, April 1998, with subsequent annual negative herd tests (An owner may elect to substitute monthly or quarterly testing in lieu of annual testing to meet this requirement);

(4) Completion of a Commercial Production Swine Herd Management Plan; and

(5) Periodic inspections of swine, facilities, practices and records, as determined necessary by State or Federal representatives.

(6) Forms and Materials. Epidemiological Analysis Herd Risk Assessment, DACS-09156 11/04 is hereby incorporated by reference. Pseudorabies Eradication Program Standards, APHIS 91-55-071, November 1, 2003, and The Swine Brucellosis Control/Eradication, Uniform Methods & Rules, APHIS 91-55-042, April 1998, are hereby incorporated by reference. Copies of DACS-09188 may be obtained from the Division of Animal Industry, 407 S. Calhoun St., Rm. 333, Tallahassee, FL 32399-0800, (850)410-0900. Copies of APHIS 91-55-071 and 91-55-042 may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

History

• Rulemaking Authority 585.002, 585.08 FS. Law Implemented 585.11, 585.145, 585.16 FS. History–New 1-30-05.

Chapter 5C-22 CONTAGIOUS EQUINE METRITIS

Fla. Admin. Code R. 5C-22.001 Introduction and Purpose. (Repealed)

History

• Rulemaking Authority 585.002(4), 585.08(2)(a) FS. Law Implemented 585.11(1), 585.145 FS. History‒New 6-3-93, Repealed 7-3-95.

Fla. Admin. Code R. 5C-22.002 Definitions

The definitions contained in Section 585.001, Florida Statutes, and the following shall apply in this rule chapter:

(1) Attending Veterinarian – a veterinarian who is licensed in the state of Florida and accredited by the USDA to perform federal regulatory activities in the state of Florida.

(2) State Approved Premises – premises where the horse(s) is (are) quarantined and which have been inspected by a representative of the Department and approved by the State Veterinarian.

(3) Supervising Veterinarian – a state or federally employed regulatory veterinarian.

History

• Rulemaking Authority 585.002(4), 585.08(2)(a) FS. Law Implemented 585.001 FS. History–New 6-3-93, Amended 7-3-95.

Fla. Admin. Code R. 5C-22.003 Procedures, General

(1) The premises where the horse(s) is (are) to be quarantined must be state-approved prior to requesting the import permit from USDA.

(2) The owner must enter into a quarantine agreement which includes reference to the appropriate federal requirements for quarantine release as stated in 9 C.F.R. §§92.304(a)(5) or 92.304(a)(8) (1994).

(3) The attending veterinarian will perform all required examinations and collections of materials for culture. Payment for these services shall be the sole responsibility of the owner of the horse(s).

(4) Professional services required by subsection (2), above, will be directly supervised at all times by a supervising veterinarian. Costs of these services will be as provided in Rule 5C-22.011, F.A.C.

(5) Materials. Title 9 C.F.R. §92.304 (1994) is hereby adopted and incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington D.C. 20402-9328.

History

• Rulemaking Authority 585.002(4), 585.08(2)(a) FS. Law Implemented 585.11(1), 585.145, 585.16, 585.17, 585.23 FS. History–New 6-3-93, Amended 7-3-95.

Fla. Admin. Code R. 5C-22.004 Approval of Quarantine Facilities

(1) An owner who desires approval of a quarantine facility must submit a written request to the Department. The request must include a scale drawing of the site indicating all structures and spaces (for example: buildings, pastures, and fences) intended for use in the quarantine area. A representative of the Department will inspect the premises and will advise the owner of any corrective action which must be taken before an approval.

(a) Requests for such inspection must be made in writing and must be accompanied by a certified check for $150 made payable to the Florida Department of Agriculture and Consumer Services. This payment is non-refundable and is used only to cover costs of the pre-approval inspections. If more than two pre-approval inspections are required, there will be a charge of $100 for each additional inspection. Payment for these must also be made in advance as stated above.

(b) Facility approvals will expire at any time the facility has not been used as a Contagious Equine Metritis quarantine facility for a period of eighteen months.

(2) The facilities to be used must be located so that a distance of not less than 30 feet will be maintained between horses under quarantine and any other animals which may be on the premises. Fencing adequate to maintain this separation must be present. Paddocks or pastures used by horses under quarantine must be fenced to preclude any across-fence contact with other horses.

(3) Walls, floors and ceilings must be constructed of impervious materials which can withstand continued cleaning and disinfection.

(4) All openings to the outside must be double-screened with material of not less than 14  16 mesh and must be kept adequately secured. Exterior gates must be kept padlocked to prevent unauthorized removal of the horses and entry of unauthorized individuals.

(5) All equipment needed to maintain the facility in a clean and sanitary condition, including that needed for insect and pest control, must be present.

(6) Equipment used in the quarantine area must remain in the quarantine area.

(7) The water supply must be adequate to meet all watering and cleaning needs.

(8) Surface runoff must be retained on site or must be adequately treated so as to prevent any disease agent from entering or leaving the facility.

(9) All feed and bedding used in the facility must be stored in a vermin-proof area in the quarantine facility.

(10) Ventilation must be sufficient to prevent the accumulation of noxious gases and odors.

(11) Sufficient labor must be available so that those individuals working with horses in the quarantine facility will not come into direct contact with horses outside the facility during the quarantine period.

(12) Protective clothing must be available at the entrance for personnel who care for the horses in the facility. The clothing must be used in the facility and must be used only in the facility. All individuals who enter the facility must wear boots or shoes which can be disinfected with a disinfectant approved by the Department. Such boots or shoes must be cleaned and disinfected immediately upon leaving the facility.

(13) Entrances must have signs posted advising that the area is a quarantined area and that no visitors are allowed to enter the area. The signs will be a minimum of 10 inches by 12 inches.

(14) All waste materials, including bedding and fecal matter, must be disposed of by incineration or by other means which have been specifically approved by a representative of the Department.

(15) A written approval will be issued by the Department after inspection by a Department representative has verified that all of the above requirements have been met.

History

• Rulemaking Authority 585.002(3), (4), 585.08(2)(a) FS. Law Implemented 585.003, 585.08(1), 585.11(1), 585.145(1), 585.16, 585.23 FS. History–New 6-3-93, Amended 11-22-93.

Fla. Admin. Code R. 5C-22.005 Quarantine and Release From Quarantine for Contagious Equine Metritis

(1) The Department Representative will issue the Official Notice of Quarantine for Contagious Equine Metritis (Form AI-75) at the time of arrival of the horse(s) at the approved quarantine area.

(2) Horses may not be removed from the quarantined premises without the written permission of both the State Veterinarian and the AVIC on an Official Release from Quarantine for Contagious Equine Metritis, Form AI-76, (Rev. 2-93).

(3) Inspection, treatment, and testing requirements for imported stallions and mares are provided in 9 C.F.R. §92.304(a)(5) and (8), (1994).

(4) Forms and Materials. Forms AI-75, Official Notice of Quarantine for Contagious Equine Metritis, revised 2/93 and AI-76, Release from Quarantine for Contagious Equine Metritis (Rev. 2-93), are hereby incorporated by reference. Copies may be obtained from the Division of Animal Industry, Bureau of Animal Health Compliance and Support, Room 322 Mayo Building, Tallahassee, Florida 32399-0800, (850)488-8280.

History

• Rulemaking Authority 585.002(4), 585.08(2)(a) FS. Law Implemented 585.011(1), 585.145(1) FS. History–New 6-3-93, Amended 7-3-95.

Fla. Admin. Code R. 5C-22.006 Inspection, Treatment and Testing Requirements for Imported Stallions. (Repealed)

History

• Rulemaking Authority 585.002(3), 585.08(2)(a) FS. Law Implemented 585.003, 585.08(1), 585.16, 585.23, 585.145 FS. History‒New 6-3-93, Repealed 7-3-95.

Fla. Admin. Code R. 5C-22.007 Inspection, Treatment and Testing Requirements for Imported Mares. (Repealed)

History

• Rulemaking Authority 585.002(3), 585.08(2)(a) FS. Law Implemented 585.003, 585.08(1), 585.16, 585.23, 585.145 FS. History‒New 6-3-93, Repealed 7-3-95.

Fla. Admin. Code R. 5C-22.008 Release From Quarantine. (Repealed)

History

• Rulemaking Authority 585.002(3), 585.08(2)(a) FS. Law Implemented 585.08(1), 585.11(1), 585.17, 585.19, 585.23, 585.145 FS. History‒New 6-3-93, Repealed 7-3-95.

Fla. Admin. Code R. 5C-22.009 Disposition of Horses Which Fail to Qualify for Release From Quarantine

In the event that a horse fails, for whatever reason, to qualify for release from quarantine within eighteen (18) months of initiation of testing and treatment, the procedure shall be declared a failure. In such an event, the horse must be:

(1) Moved under official permit directly to slaughter without unloading enroute; or

(2) Humanely euthanized and the carcass destroyed under Department supervision by burial or incineration.

History

• Rulemaking Authority 585.002(3), 585.08(2)(a) FS. Law Implemented 585.08(2)(b), 585.145(1), 585.16, 585.17, 585.18, 585.19, 585.23 FS. History–New 6-3-93.

Fla. Admin. Code R. 5C-22.010 Laboratory Tests and Cultures

All required laboratory tests and cultures must be conducted by the Department’s Osceola County Diagnostic Laboratory in Kissimmee or by the USDA’s National Veterinary Services Laboratory in Ames, Iowa. All materials for culture or testing must be accompanied by a statement indicating proper identification of the horse(s) and the date and time of collection, and must be received by the laboratory within 48 hours of collection. Specimens (bacteriological swabs) must be submitted in Amies transport media (with charcoal) and refrigerated at approximately four to six degrees centigrade during transit. Payment of charges for required laboratory tests and analyses shall be the responsibility of the veterinarian submitting the samples as arranged with the laboratory which performs the tests or analyses.

History

• Rulemaking Authority 585.002(3), 585.08(2)(a) FS. Law Implemented 585.002(4), 585.145(1), 585.16, 585.61(4) FS. History–New 6-3-93.

Fla. Admin. Code R. 5C-22.011 Fees for Services of the Department

(1) For each horse approved to enter this testing and treatment program, the owner must pay to the Department a fee of $1,250.00. If multiple horses are approved as a group, this fee shall be $1,250.00 for the first horse and $750.00 for each additional horse in the same group. For group approval, all of the horses must arrive at the quarantine facility as a single shipment and testing and treatment procedures must be conducted on all of the group simultaneously. The fee must be paid by check or money order made out to “The Florida Department of Agriculture and Consumer Services” and must be submitted with the request for approval for importation. If the importation is not approved or does not occur for other reasons, the fee minus $100.00 will be refunded.

(2) Fees will be charged for pre-approval inspections of quarantine facilities pursuant to the schedule set forth in Rule 5C-22.004, F.A.C.

History

• Rulemaking Authority 585.002(3), (4), 585.08(2)(a) FS. Law Implemented 585.002(4), 585.003, 585.08(1), 585.11(1), 585.16, 585.23 FS. History– New 6-3-93, Amended 11-22-93.

Fla. Admin. Code R. 5C-22.012 Penalties for Violations. (Repealed)

History

• Rulemaking Authority 585.002(3), 585.08(2)(a) FS. Law Implemented 585.007, 585.145(3) FS. History‒New 6-3-93, Repealed 7-3-95.

Chapter 5C-23 TRANSPORTING ANIMAL CARCASSES/REFUSE

Fla. Admin. Code R. 5C-23.001 Definitions

For the purposes of this chapter the following definitions shall apply:

(1) Animal. This term shall include any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry or other domesticated beast or bird; the term animal shall include wild or game animals whenever necessary to effectively control or eradicate diseases.

(2) Department. The Florida Department of Agriculture and Consumer Services.

(3) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(4) Dying, disabled, diseased animal. Any animal, as defined by this section that shows evidence of infection with any infectious, contagious or communicable disease or is incapable of moving under its own power.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), 585.147 FS. History–New 10-26-99, Amended 6-27-18.

Fla. Admin. Code R. 5C-23.002 Application for Permit; Fees

(1) No person shall engage in the business of transporting or hauling any dead, dying, disabled, or diseased animal; any product of an animal that died other than by slaughter; or any inedible animal product not meant for human consumption without having first applied for, and obtained from the department, a permit unless they are permitted to transport or haul livestock pursuant to Section 585.147, F.S. and are transporting animals that have died or become disabled during shipment.

(2) Application for Permit. The applicant must submit a signed Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056. Rev. 01/99, together with an application fee of $200, to the Division of Animal Industry, Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, The Mayo Building, Tallahassee, Florida 32399-0800. Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056, Rev. 01/99, is hereby incorporated by reference and can be found online at https://www.flrules.org/Gateway/reference.asp?No=Ref-09496. The fee must be submitted as a check or money order made payable to the Florida Department of Agriculture and Consumer Services.

(3) Issuance of Permit. Applicants that submit the required completed application and fee will be issued a permit. All permits expire on June 30 of each year.

(4) Reissue of Permit. The applicant will submit to the Department a completed Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056, Rev. 01/99, referenced in subsection 5C-23.002(2), F.A.C., indicating a request for reissue of permit signed by an authorized representative and accompanied by a permit fee as set forth above. Permit reissue requests will be due by July 1 of each year.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.002(5), 585.145(1), 585.147 FS. History–New 10-26-99, Amended 6-27-18.

Fla. Admin. Code R. 5C-23.003 Transporting or Hauling Animal Carcasses or Refuse; Procedures; Records; Equipment; Quarantine

(1) A copy of the official permit shall be kept in each vehicle used for transporting or hauling animal carcasses or refuse.

(2) Any person transporting or hauling animal carcasses or refuse shall keep records regarding the collection, transportation and distribution of animal carcasses or refuse. Such records must include the names and addresses of persons, firms and partnerships or corporations for which animal carcasses or refuse is being transported and cover the previous twelve months of operation.

(3) All vehicles and/or containers used to transport or haul animal carcasses or refuse shall be thoroughly cleaned and disinfected weekly or more often if deemed necessary by a representative of the Division. Each operator shall be responsible for the proper cleaning of his vehicles and/or containers.

(4) Vehicle and/or containers used to transport or haul animal carcasses or refuse which do not meet the requirement of this rule shall be placed under quarantine by the department until they are in compliance with this Chapter and proper cleaning and disinfection of the same has occurred.

History

• Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), 585.147 FS. History–New 10-26-99.

Chapter 5C-24 SCHEDULE OF FEES FOR SERVICES

Fla. Admin. Code R. 5C-24.001 Definitions

(1) Accredited Veterinarian. A veterinarian licensed in the state of origin and approved by the Deputy Administrator, United States Department of Agriculture, Animal and Plant Health Inspection Service, to perform certain functions of federal and cooperative state-federal programs in accordance with the provisions of 9 CFR 160-162 (2008).

(2) Cattle. Cattle shall include any bull, steer, ox, cow, heifer, calf, or any other bovine animal.

(3) Department. The Florida Department of Agriculture and Consumer Services.

(4) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(5) Domestic Animal. Any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, rhea or emu, or other domesticated beast or bird. The term “animal” shall include wild or game animals whenever necessary to effectively control or eradicate dangerous transmissible diseases or pests which threaten the agricultural interests of the state.

(6) Domesticated Fowl. Any member of the Class Aves that is propagated or maintained under control of a person for commercial, exhibition or breeding purposes, or as pets.

(7) Horses. Any horse, mule, ass, zebra or other Equidae.

(8) Licensed Veterinarian. Any veterinarian who has a current license with the Florida Board of Veterinary Medicine.

(9) Livestock. Any grazing animals, such as cattle, horses (equidae), sheep, swine, goats, cervidae and other hoofed animals and ratites which are raised for private use or commercial purposes.

(10) National Poultry Improvement Plan (NPIP). A cooperative state-federal-industry program for prevention and control of certain hatchery disseminated diseases and for improvement of poultry and poultry products as provided in 9 CFR 145-147 (2008).

(11) Official Certificate of Veterinary Inspection (OCVI). Official certificate of veterinary inspection means a legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture.

(12) Ratites. Ostriches, emus, and rheas.

(13) Materials: Title 9 CFR 160-162 (2008), 145-147 (2008) are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328.

History

• Rulemaking Authority 585.002(4), 585.08(2)(a) FS. Law Implemented 585.08(2)(a), 585.145(1), (2), 828.29(3) FS. History–New 7-13-99, Amended 8-31-08.

Fla. Admin. Code R. 5C-24.002 General Requirements

(1) Forms Provided. The Division of Animal Industry, Department of Agriculture and Consumer Services will provide forms when required by statute or rule for certification of identification, required tests, and health as required for movement, exhibition, and other designated purposes for the species of animal.

(2) Fees for Forms. A fee will be charged for the forms as provided in Rule 5C-24.003, F.A.C. The fee must be submitted with the request for forms, as a check or money order made payable to the Florida Department of Agriculture and Consumer Services.

(3) Deposit of Fees. The fees collected shall be deposited in the Department’s General Inspection Trust Fund.

History

• Rulemaking Authority 585.002(4), (5) FS. Law Implemented 585.002(5), 828.29(3)(b) FS. History–New 7-13-99, Amended 8-31-08.

Fla. Admin. Code R. 5C-24.003 Official Certificate of Veterinary Inspection (OCVI)

(1) Horses.

(a) OCVI. The OCVI for horses is the Official Equine Certificate of Veterinary Inspection, FDACS-09002 Rev. 04/17.

(b) The fee for the OCVI, FDACS-09002 Rev. 04/17 is $65 per book of 25.

(2) Livestock.

(a) The OCVI for cattle, goats, sheep, swine, cervidae, ratites, and other hoofed animals, excluding horses, is the Official Certificate of Veterinary Inspection, FDACS-09000 Rev. 06/17.

(b) The fee for the OCVI, FDACS-09000 Rev. 06/17 is $65 per book of 25.

(3) Domesticated Fowl.

(a) OCVI. The OCVI for domesticated fowl originating from other than NPIP participating flocks, hatcheries or dealers is the Official Certificate of Veterinary Inspection, FDACS-09000 Rev. 06/17.

1. The OCVI, FDACS-09000 Rev. 06/17 will be provided to licensed and accredited veterinarians.

2. The fee for the OCVI, FDACS-09000 Rev. 06/17 is $65 per book of 25.

(b) NPIP Participating Flocks, Hatcheries, and Dealers. The certification of health status for interstate shipment of flocks, hatcheries, and dealers participating in the NPIP is the Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016).

1. The Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016) will be certified by a Division representative and provided to an NPIP participating flock, hatchery, or dealer.

2. The certification and processing fee for the Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016) is $50 for 25 certified forms.

(c) Official Health Certificate Avian, FDACS-09023 Rev. 07/08. The Official Health Certificate Avian, FDACS-09023 Rev. 07/08 is the OCVI for NPIP participating flocks, hatcheries, and dealers which are required by the country or state of destination to provide an OCVI in addition to the Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016).

1. The Official Health Certificate Avian, FDACS-09023 Rev. 07/08 is certified by a Division veterinarian and is provided to the NPIP participating flock, hatchery or dealer.

2. The fee for the Official Health Certificate Avian, FDACS-09023 Rev. 07/08 is $100 per 100 certificates.

3. Special Certifications. The fee for individual OCVI including, but not limited to, certificates requiring individual identification numbers of domesticated fowl, vaccination status, or the Florida Department of Agriculture seal, is $30 for each certificate.

(4) Dogs, Cats and Other Non-Livestock Species.

(a) OCVI for Interstate Movement. The OCVI for dogs, cats and other non-livestock species, including but not limited to zoo animals and domesticated non-native wildlife, is the Official Certificate of Veterinary Inspection for Interstate Movement of Dogs, Cats, and Other Non-livestock Species, FDACS-09086 Rev. 07/08.

(b) OCVI for Sale of Dog or Cat. The OCVI required to transfer the ownership of a dog or cat by sale within Florida is the Official Certificate of Veterinary Inspection for Intrastate Sale of Dog or Cat, FDACS-09085 Rev. 01/18. The Official Certificate of Veterinary Inspection for Intrastate Sale of a Dog or Cat, FDACS-09085 Rev. 01/18, as incorporated in Rule 5C-27.001, F.A.C.

(c) The fee for the OCVI, FDACS-09086 Rev. 07/08 or FDACS 09085 Rev. 01/18 is $65 per package of 25.

(5) Forms. The following forms are hereby incoporated by reference and available online as indicated. Copies may also be obtained from the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Room 323, Mayo Building, Tallahassee, Florida 32399-0800.

(a) The Official Equine Certificate of Veterinary Inspection, FDACS-09002 Rev. 04/17, a sample of which is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10042.

(b) The Official Certificate of Veterinary Inspection, FDACS-09000 Rev. 06/17, a sample of which is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10044.

(c) The Official Certificate of Veterinary Inspection for Interstate Movement of Dogs, Cats, and Other Non-Livestock Species, FDACS 09086 Rev. 07/08, a sample of which is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10041.

(d) The Official Health Certificate Avian, FDACS-09023 Rev. 07/08, a sample of which is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10046.

(e) The Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016) is hereby incorporated by reference, a sample of which is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10047. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328.

History

• Rulemaking Authority 585.002(4), (5), 585.08(2)(a), 585.145(2), 585.15 FS. Law Implemented 585.002(5), 585.08(1), (2), 585.145(1), (2), (3), 585.155, 828.29 FS. History–New 7-13-99, Amended 4-14-02, 8-31-08, 11-21-18.

Chapter 5C-25 HUMANE EUTHANASIA OF LIVESTOCK

Fla. Admin. Code R. 5C-25.001 Definitions

Definitions for the purpose of this section:

(1) Euthanasia is a humane, proficient acceptable method for the destruction of livestock.

(2) Humane Methods means a method whereby the animal is rapidly and effectively rendered insensitive to pain by use of:

(a) A penetrating captive bolt;

(b) A gunshot of appropriate caliber and placement;

(c) The simultaneous and instantaneous severance of the carotid arteries with a sharp instrument causing loss of consciousness by anemia;

(d) Electrical means; or

(e) Chemical means.

History

• Rulemaking Authority 828.25(1) FS. Law Implemented 828.22(1),(2) FS. History–New 1-26-00.

Fla. Admin. Code R. 5C-25.002 Humane Killing of Livestock

No person shall kill livestock except by humane methods.

History

• Rulemaking Authority 828.25(1) FS. Law Implemented 828.22(1),(2) FS. History–New 1-26-00.

Chapter 5C-26 CERVIDAE MOVEMENT

Fla. Admin. Code R. 5C-26.001 Definitions

For the purpose of this chapter, the following words shall have the meaning indicated:

(1) Authorized Representative. A veterinarian, licensed and accredited by the authorities of the state of origin, or a regulatory veterinarian employed by the United States Department of Agriculture (USDA) or by the state of origin.

(2) Brucellosis. An infectious disease of animals and humans caused by bacteria of the genus Brucella. The disease is characterized by abortion and impaired fertility in its principal animal hosts.

(3) Cervid(ae). Any member of the cervidae family which includes deer, elk, moose, or their hybrids or related species. Cervidae mentioned in this rule are privately or publicly maintained or held for economic or other purposes within a perimeter fence or confined space.

(4) Cervidae Herd Health Plan. The Cervidae Herd Health Plan is a written herd management agreement between the Florida Department of Agriculture and Consumer Services (FDACS) and the herd owner.

(5) Cervidae Herd CWD Management Plan. The Cervidae Herd CWD Management Plan is a written herd management agreement between FDACS and the herd owner used when positive, exposed or suspected animals have been found or traced into a Cervidae herd. This will supersede all relevant parts of the Cervidae Herd Health Plan until the herd is found negative or certified free of CWD.

(6) Chronic Wasting Disease (CWD). CWD is a progressive neurological, debilitating disease affecting cervidae. CWD belongs to a family of diseases known as Transmissible Spongiform Encephalopathies (TSEs) or prion diseases.

(7) FDACS. Florida Department of Agriculture and Consumer Services.

(8) FWC. Florida Fish and Wildlife Conservation Commission.

(9) Import, Imported, Importation. The movement of animals into the State of Florida, from another state, United States territories or possessions or a foreign country.

(10) Intrastate Movements. Cervidae movement within the State of Florida from one county to another or within the same county.

(11) Movement Risk Assessment. Cervids are classified for movement as follows: High Risk cervids are from herds where CWD has been diagnosed or from herds that have been exposed to CWD. Medium Risk cervids are from herds without known exposure in states where CWD has been diagnosed in captive or free-ranging cervids but do not originate in a prescribed physical proximity where CWD has been diagnosed. Low risk cervids are from CWD monitored herds in states or prescribed physical areas where CWD has not been diagnosed but which have a surveillance/prevention program(s).

(12) Official Certificate of Veterinary Inspection (OCVI). A legible certificate made on an official form from the state of origin or from the United States Department of Agriculture (USDA), issued by an authorized representative, and approved by the chief animal health official of the state of origin.

(13) Trace-forward herd. A herd that has received an animal from a CWD positive herd within sixty (60) months prior to the diagnosis of CWD in the positive herd.

(14) Trace-back herd. A herd in which a CWD positive animal resided in any of the sixty (60) months prior to diagnosis of CWD in the positive herd.

(15) Tuberculosis. The contagious, infectious and communicable disease caused by the bacteria Mycobacterium bovis. (Also referred to as bovine tuberculosis).

(16) USDA. United States Department of Agriculture.

History

• Specific Authority 585.002, 585.08, 585.145 FS. Law Implemented 585.004, 585.08, 585.145 FS. History–New 11-27-02.

Fla. Admin. Code R. 5C-26.002 Adoption by Reference 9 CFR 54.7 (2002)

By reference, Code of Federal Regulations (CFR), 9 CFR 54.7 (2002) is adopted. The family of diseases known as Transmissible Spongiform Encephalopathies (TSEs) includes CWD as well as Scrapie. The management of positive or exposed animals is the same for each disease.

History

• Specific Authority 585.002, 585.08, 585.145 FS. Law Implemented 585.004, 585.11, 585.145 FS. History–New 11-27-02.

Fla. Admin. Code R. 5C-26.003 General Requirements for Importation

(1) All cervidae for importation shall originate from a herd which participates in a surveillance/prevention program(s) established by the United States Department of Agriculture or the State Veterinarian or Chief Animal Health Officer, or equivalent, of the State in which the originating herd is located. The originating herd status shall be CWD free for sixty (60) months prior to importation of any animals into Florida.

(2) OCVI Required. All cervidae imported into the state, except cervidae consigned directly to a recognized slaughtering establishment, shall be accompanied by an OCVI. The OCVI shall be attached to the waybill or be in the possession of the driver of the vehicle or person otherwise in charge of the animals. The OCVI shall accompany the animals to their final destinations in Florida. Animals entering the state without an OCVI or otherwise entering the state in violation of the provisions of this chapter shall be stopped by an agent, servant, or employee of the FDACS or by any law enforcement officer of the state of Florida or any subdivision of the state. Any person, firm, or association having charge, custody, or control of animals imported in violation shall remove the animals from the state as directed by the FDACS.

(a) All information required on the OCVI shall be fully completed by the issuing veterinarian and shall include the following:

1. The name, physical address and phone number of the consignor;

2. The name, physical address and phone number of the consignee;

3. The point of origin;

4. The point of destination;

5. The date of examination;

6. The number of animals examined;

7. The individual permanent identification number(s) or other identification approved by the FDACS, for each animal;

8. The sex, age, and breed of each identified animal;

9. Test results and herd or state status on CWD, brucellosis and tuberculosis as specified in Rule 5C-26.005, F.A.C.;

10. A statement by the issuing veterinarian that the animals identified on the OCVI are free of signs of infectious, communicable or neurologic disease; and

11. The phone number of the issuing veterinarian.

(b) A copy of the OCVI, approved by the chief animal health official of the state of origin, shall be forwarded immediately to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Tallahassee, Florida.

(c) The OCVI shall be void thirty (30) days after issuance.

(3) All cervidae shall have prior permission from the State Veterinarian or FDACS representative prior to importation. This permission will be recorded by a number or certificate which shall accompany the OCVI during any animal movement.

(4) Consignee shall possess, and provide for inspection, a valid FWC license or permit to possess wildlife, as required by rule or law.

(5) Consignee’s herd shall be registered and comply with the requirements of the FDACS Cervidae Herd Health Plan.

History

• Specific Authority 585.002, 585.08, 585.145 FS. Law Implemented 585.004, 585.145, 585.17 FS. History–New 11-27-02.

Fla. Admin. Code R. 5C-26.004 General Requirements for Intrastate Movement

(1) Animals being transported totally within the state shall be accompanied by evidence of ownership or authority for possession of the animals to transport. These documents shall disclose:

(a) The name, physical address and phone number of the consignor;

(b) The name, physical address and phone number of the consignee;

(c) The point of origin;

(d) The point of destination; and

(e) The individual permanent identification number(s), or other identification approved by FDACS, for each animal;

(2) All cervidae shall have prior permission from the State Veterinarian or FDACS representative prior to movement. This permission will be recorded by a number or certificate which shall accompany the animals during movement.

(3) Consignee and consignor shall possess, and provide for inspection, a valid FWC license or permit to possess wildlife, as required by rule or law.

(4) Consignee’s and consignor’s herds shall be registered and comply with the requirements of the FDACS Cervidae Herd Health Plan.

History

• Specific Authority 585.002, 585.08, 585.145 FS. Law Implemented 585.004, 585.17, 585.145 FS. History–New 11-27-02.

Fla. Admin. Code R. 5C-26.005 Testing Requirements and Exceptions

(1) Chronic Wasting Disease Test. No test is presently required for importation. To date there is no approved live animal test to detect CWD in cervidae. A positive diagnosis is based on postmortem brain testing at a laboratory certified by USDA for CWD testing. When an approved live animal test is available, a negative test will be required for importation.

(2) Tuberculosis Test.

(a) Cervidae from an Accredited Tuberculosis-Free Herd as defined in the United States Department of Agriculture, Uniform Methods and Rules, Bovine Tuberculosis Eradication, Effective January 22, 1999. No test is required for cervidae which originate from an Accredited Tuberculosis-Free Herd program that is accepted by FDACS. The statement of herd status shall be recorded on the OCVI accompanying the cervidae.

(b) Cervidae not known to be affected with or exposed to tuberculosis may be imported if they:

1. Are under one (1) month of age, or

2. Originate from a herd which has been classified negative to an official tuberculosis test of all eligible animals conducted within the past twelve (12) months, and the animals to be imported have been classified negative to an official tuberculosis test, conducted within ninety (90) days prior to importation, or

3. Have been classified negative to two (2) official tuberculosis tests conducted not less than ninety (90) days apart; the second test was conducted within ninety (90) days prior to importation; and the animals were isolated from all other members of the herd during the testing period.

(c) The tuberculosis test results must be recorded on the OCVI accompanying the cervidae.

(3) Brucellosis Test.

(a) Cervidae from an Accredited Brucellosis-Free Herd as defined in the United States Department of Agriculture, Uniform Methods and Rules, Brucellosis in Cervidae, Effective September 30, 1998. No test is required for cervidae which originate from an Accredited Brucellosis-Free Herd program that is accepted by FDACS. The statement of herd status shall be recorded on the OCVI accompanying the cervidae.

(b) Cervidae not known to be affected with or exposed to brucellosis may be imported if they:

1. Are less than one (1) month of age, or

2. Have a negative official brucellosis test conducted within ninety (90) days prior to importation.

(c) The brucellosis test results shall be recorded on the OCVI accompanying the cervidae.

History

• Specific Authority 585.002, 585.08, 585.145 FS. Law Implemented 585.004, 585.145, 585.16 FS. History–New 11-27-02.

Fla. Admin. Code R. 5C-26.006 Cervidae Herd Health Plan

It is required that all Cervidae herds in Florida have a Cervidae Herd Health Plan. The Cervidae Herd Health Plan is a written herd management agreement between FDACS and the herd owner. This plan is based upon a thorough epidemiological investigation and risk assessment of the herd and their facility. This plan analyzes the risk of continued disease transmission by clinical and subclinical animals and/or environmental contamination. This plan sets out specific actions to be followed to monitor or survey the herd for specific disease(s) or eradicate specific disease(s) from the herd.

History

• Specific Authority 585.002, 585.08, 585.145 FS. Law Implemented 585.004, 585.145, 585.16 FS. History–New 11-27-02.

Fla. Admin. Code R. 5C-26.007 Quarantine and Disposition of Chronic Wasting Disease (CWD) Positive, Exposed, or Suspect Herds

Immediate quarantine shall be imposed on all herds diagnosed positive, exposed or suspect for CWD. A Cervidae Herd CWD Management Plan is required for any herds found to have a positive, exposed or suspect animal. Herd plans will be developed for any CWD positive, exposed, or suspect herds by the State and Federal officials in conjunction with the owner and will be subject to approval by the State Veterinarian. Such plans contain the following options for positive or trace-forward or trace-back herds and shall be adopted within sixty (60) days of a diagnosis of CWD.

(1) For CWD positive herds where whole herd depopulation with/without repopulation occurs, the following shall apply:

(a) Depopulation of the whole herd is the preferred option for this program.

(b) CWD positive animals that are depopulated shall be disposed of according to 9 CFR 54.7 (2002).

(c) The Cervidae Herd CWD Management Plan for a CWD positive herd shall include a premise plan because of possible environmental contamination. Premise plans will include: cleaning and disinfecting actions, future land use in terms of repopulation, maintenance of fencing to limit free-ranging cervid access to the land, and the time period for surveillance before interstate animal movement is allowed if repopulation occurs.

(2) For CWD positive herds where quarantine with/without selective culling of animals occurs, the following shall apply:

(a) Euthanasia, testing and disposal of selected animals; CWD positive animals that are culled shall be disposed of according to 9 CFR 54.7 (2002).

(b) Monthly herd inspection by State or Federal personnel with removal and CWD testing of any suspect animals.

(c) Herd inventory with individual animal identification(s) and annual verification of inventory by State or Federal veterinarians.

(d) Perimeter fencing adequate to prevent fence line contact with captive and free-ranging cervids.

(e) Quarantine of herd for sixty (60) months from the last case.

(f) Herd surveillance (mandatory death reporting and CWD testing of all age animals which die) shall be conducted during the quarantine and shall continue for sixty (60) months from the last case.

(3) For CWD exposed trace-forward herds the following shall apply:

(a) Removal and testing of the exposed animal traced to the herd.

1. If the animal is CWD positive, the herd is considered to be positive and an appropriate Cervidae Herd CWD Management Plan shall be developed as listed above for CWD positive herds.

2. If the animal is negative the Cervidae Herd CWD Management Plan shall contain:

a. Herd inspection by State or Federal personnel with removal and CWD testing of any suspect animals; disposal of CWD positive animals shall be according to 9 CFR 54.7 (2002).

b. Herd inventory with individual animal identification(s) and annual verification(s) by accredited State or Federal veterinarian(s).

c. Herd surveillance (mandatory death reporting and CWD testing of all age animals which die for sixty (60) months from date of removal of the trace animal from the herd.

(b) If the exposed animal traced to the herd is not removed the herd shall become a positive quarantined herd and the following shall apply:

Herd surveillance (mandatory death reporting and CWD testing of all age animals which die) shall be conducted during the quarantine and shall continue for sixty (60) months from the last case.

(4) For CWD exposed trace-back herds the following shall apply:

(a) Monthly herd inspection by State or Federal personnel with removal and CWD testing of any suspect animals; disposal of these animals shall follow 9 CFR 54.7.

(b) Herd inventory with individual animal identification(s) and annual verification(s) by accredited State or Federal veterinarian(s).

(c) Herd surveillance (mandatory death reporting and CWD testing of all age animals) shall be conducted during the quarantine and shall continue for sixty (60) months from date the CWD positive animal left the herd.

(5) A suspect herd is a herd with any cervid exhibiting neurologic or other symptoms consistent with CWD.

History

• Specific Authority 585.002, 585.08, 585.145 FS. Law Implemented 585.004, 585.145, 585.17, 585.23 FS. History–New 11-27-02.

Fla. Admin. Code R. 5C-26.008 Exceptions

Exceptions to the movement requirements in this rule shall be determined by the State Veterinarian or FDACS representative. Cervids that are classified by the Movement Risk Assessment as Low Risk for CWD may be considered for waiver of this rule based upon sound scientific information that low risk cervids are from CWD monitored herds in states or prescribed physical areas where CWD has not been diagnosed but which have a surveillance/prevention program(s). Cervids that are classified as High Risk for CWD or Medium Risk for CWD shall not be subject to a waiver.

History

• Specific Authority 585.002, 585.08, 585.145 FS. Law Implemented 585.004, 585.145, 585.17 FS. History–New 11-27-02.

Fla. Admin. Code R. 5C-26.009 Dangerous Transmissible Disease

Chronic Wasting Disease, or signs of any neurological disease in Cervidae, is declared to be a dangerous, transmissible disease of animals and constitutes a public nuisance. Any person who has knowledge of the existence of this disease, or signs of any neurological disease in Cervidae in the state, shall immediately report same to the State Veterinarian.

History

• Specific Authority 585.002, 585.08, 585.145, 585.15 FS. Law Implemented 585.004, 585.145, 585.15, 585.18 FS. History–New 11-27-02.

Chapter 5C-27 Sale of Dog or Cat

Fla. Admin. Code R. 5C-27.001 Dogs or Cats – Intrastate Transfer of Ownership

(1) Prior to the transfer of ownership by sale of a dog or cat within the state, the owner, broker or transferor of the dog or cat shall first obtain an official certificate of veterinary inspection in accordance with section 828.29, F.S. The following are acceptable as official certificates of veterinary inspection:

(a) An Official Certificate of Veterinary Inspection of Intrastate Sale of a Dog or Cat, FDACS-09085, Rev. 01/18, herby incorporated by reference and available online at http://www.flrules.org/Gateway/referencde.asp?No=Ref-09318. Copies may also be obtained from the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Bronson Animal Disease Diagnostic Laboratory, 2700 N. John Young Parkway, Kissimmee, FL 34741, (321)697-1400.

(b) An official electronic certificate of veterinary inspection that includes all information required by section 828.29, F.S.

(2) The original official certificate of veterinary inspection shall be provided to the owner or agent to whom ownership is being transferred.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 585.14, 585.145, 828.29 FS. History–New 2-3-08, Amended 5-7-18.

Chapter 5C-28 SALE OF ANIMALS

Fla. Admin. Code R. 5C-28.001 Dogs and Cats – Intrastate Transfer of Ownership

History

• Rulemaking Authority 585.002(4) FS. Law Implemented 585.145(2) FS. History–New 8-31-08, Repealed 5-13-19.

Chapter 5C-29 SCRAPIE

Fla. Admin. Code R. 5C-29.001 Definitions

For the purpose of this chapter the following words shall have the meaning indicated:

(1) Accredited Veterinarian. A veterinarian licensed in the state of origin and approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) to perform certain functions of federal and cooperative state-federal programs in accordance with the provisions of 9 C.F.R. §§160-162 (2008).

(2) Administrator. The Administrator of USDA, APHIS or any person authorized to act for the Administrator.

(3) APHIS. Animal and Plant Health Inspection Service; part of the United States Department of Agriculture; responsible for protecting and promoting U.S. agricultural health and ecosystems vulnerable to invasive pests and pathogens, administering the Animal Welfare Act, and carrying out wildlife damage management activities.

(4) Authorized Representative. An employee of the state or federal government, or a licensed veterinarian accredited by the USDA, who is authorized to conduct animal disease control and eradication activities.

(5) Certified Flock/Herd. A complete monitored category flock/herd that has been continuously participating in the USDA Voluntary Scrapie Flock Certification Program Standards (APHIS 91-55-091, June 30, 2007) and has met the provisions for 5 years or more.

(6) Commingled, commingling. Animals grouped together having physical contact with each other, including contact through a fence line or sharing the same section in a transportation unit where physical contact can occur.

(7) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(8) Flock or Herd. All animals maintained on a single premises and all animals under common ownership or supervision on two or more premises with animal interchange between the premises.

(9) Flock/Herd of origin. The flock/herd in which an animal most recently resided in which it either was born, gave birth, or resided during lambing or kidding.

(10) Goat. Any ruminant of the genus Capra.

(11) Intrastate. Existing or occurring within the boundaries of the state.

(12) Official Certificate of Veterinary Inspection (OCVI). A legible certificate made on an official form from the state of origin or from the USDA, issued by an authorized representative, and approved by the chief animal health official of the state of origin.

(13) Official Individual Identification. A form of unique individual animal identification, as follows:

(a) Official Eartags. A tamper-evident eartag, approved by APHIS, capable of providing a unique identification number for each animal, and capable of being recorded in a central repository. Such eartags must conform to one of the following number systems:

1. National Uniform Eartagging System;

2. Animal Identification Number (AIN);

3. Premises-based numbering system; or

4. Any other numbering system approved by APHIS.

(b) Ear, tail-web or flank tattoos, using the National Uniform Tag Code number assigned by APHIS to the state of origin; breed registration tattoos when accompanied by breed registration papers; or an official brand when accompanied by a brand registration certificate;

(c) Implanted electronic chips that conform to ISO standards with a unique number that is recorded in a single, central database.

(14) Owner. A person, partnership, company, corporation, or any legal entity that has legal or rightful title to animals.

(15) Premises. A geographically distinct place or location where livestock are housed, maintained, congregated, or kept.

(16) Premises identification number. A unique number used on official eartags and tattoos to identify the premises of origin of an animal.

(17) Recognized slaughter establishment. A slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§601-695).

(18) Scrapie. A non-febrile, transmissible, degenerative, disease of the central nervous system in sheep and goats.

(19) Scrapie Flock/Herd Certification Program (SFCP). A voluntary State-Federal-Industry cooperative effort as defined in the USDA Voluntary Scrapie Flock Certification Program Standards, APHIS 91-55-091, June 30, 2007.

(20) Scrapie-positive animal. An animal for which an approved test has been conducted with positive results by NVSL or another laboratory authorized by the Administrator to conduct tests. The animal must meet the criteria of a Scrapie-positive animal as defined in 9 C.F.R. §54.1 (2008).

(21) Sheep. Any ruminant of the genus Ovis.

(22) Source Flock/Herd. A flock/herd in which an authorized representative has determined that at least one animal was born that was diagnosed as Scrapie positive at an age of 72 months or less or in which a positive animal has resided throughout its life.

(23) Suspect animal. An animal that exhibits any clinical signs of Scrapie and that has been determined to be suspicious for Scrapie by an accredited veterinarian or by an authorized representative; an animal that has tested positive on a live animal screening test; or, an animal whose official test yielded inconclusive results.

(24) USDA. United States Department of Agriculture.

History

• Rulemaking Authority 570.07(23), 570.36(2), 585.002(4) FS. Law Implemented 585.003, 585.08, 585.11(1), 585.14, 585.145(1), (2), 585.15, 585.16 FS. History–New 10-9-08.

Fla. Admin. Code R. 5C-29.002 General Requirements for Movement of Sheep and Goats

(1) Identification Requirements.

(a) All sheep and goats moved intrastate or interstate for any purpose must be officially identified to their flock/herd of birth. All sheep and goats that change ownership for any purpose must be officially identified to their flock/herd of birth as required by 9 C.F.R. §79.2 (2008). In cases where the flock/herd of birth can not be determined, the sheep and goats must be officially identified to the flock/herd of origin.

(b) Official Identification Methods: Only APHIS approved identification methods of sheep and goats as required by the USDA Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-079, June 1, 2005, may be used. Such identification methods must be permanent or tamper evident, secure, carry a unique premises and individual animal number and traceable to flock/herd of birth or flock/herd of origin. Approved methods of identification include:

1. Official USDA-APHIS-VS eartags,

2. Premises identification tattoos (must be legible and contain the flock/herd number and unique animal number),

3. Official registry tattoos (must be accompanied by either official breed registration certificate or an OCVI that includes the corresponding official registration number), or

4. Electronic microchip/implant (must be accompanied by owner statement of ID numbers and chip manufacturer, and agent should have a chip reader for verification of placement).

(2) Responsibility for Identification of Sheep and Goats.

(a) Primary Responsibility. The owner of the flock/herd of origin has the primary responsibility for identification of all sheep and goats before moving their animals and involving them in intrastate commerce and before they are commingled with animals from different flocks/herds of origin. If official identification has not been placed on the sheep or goats by the owner before leaving the flock/herd of origin and moving them for the purpose of involving them in intrastate commerce, the owner must assure that the sheep or goats are officially identified before the animals are commingled with sheep and goats from different flocks/herds of origin and before change of ownership.

(b) Secondary Responsibility. Persons with secondary responsibility to identify sheep or goats include:

1. A person who delivers any sheep or goats to a place where they will be commingled must ensure that the sheep or goats are officially identified to their premises of origin before allowing contact with sheep or goats from different flocks/herds or before change of ownership.

2. A person who receives any sheep or goats that are required to be identified to their premises of origin must ensure that the sheep or goats are officially identified to their premises of origin before commingling with sheep or goats from different flocks/herds or before change of ownership.

(3) Retagging Sheep and Goats with Lost Identification.

(a) If a sheep or goat loses its identification to its flock/herd of birth or origin while in intrastate or interstate commerce the person that has control or possession of the sheep or goat is responsible for identifying the animal before commingling with sheep or goats of different flocks/herds of origin.

(b) The person retagging the sheep or goat shall record the identification number and the flock/herd of origin of the animal. If the flock/herd or origin can not be determined all possible flocks/herds of origin shall be listed in the records.

(4) Removal of Official Identification Prohibition.

(a) No person shall remove or tamper with any official identification device.

(b) Official identification devices which are damaged and are no longer functional may be replaced provided all possible flocks/herds of origin are listed in the record associated with the application of the new official identification.

(5) Violations. Sheep and goats entering the state, moving within the state, or changing ownership in violation of the provisions of this chapter may be stopped by an agent, or employee of the Division or by any FDACS law enforcement officer of the state of Florida or any subdivision of the state. Any person, firm, or association having charge, custody, or control of animals imported or moved in violation of this rule will return the animals to the state or flock/herd of origin as directed by the Division.

History

• Rulemaking Authority 570.07(23), 570.36(2), 585.002(4) FS. Law Implemented 585.003, 585.14, 585.145(1), (2), 585.15, 585.16 FS. History–New 10-9-08.

Fla. Admin. Code R. 5C-29.003 Recordkeeping Requirements for Identification of Sheep and Goats

(1) Any individual authorized to apply official identification, under the provisions of the USDA Scrapie Eradication Uniform Methods and Rules APHIS 91-55-079, June 1, 2005, must keep records of sales of all sheep and goats.

(2) Each person required to keep records under the provisions of the USDA Scrapie Eradication Uniform Methods and Rules APHIS 91-55-079, June 1, 2005, must keep records for five years even if the animal is no longer on the premises. Such records shall be available for inspection by any authorized representative of the department during ordinary business hours upon request.

History

• Rulemaking Authority 570.07(23), 570.36(2), 585.002(4) FS. Law Implemented 585.003, 585.11(1), 585.14, 585.145(1), (2) FS. History–New 10-9-08.

Fla. Admin. Code R. 5C-29.004 Scrapie Free Flock/Herd Certification Programs

(1) Complete Monitored – Producers have the opportunity to enroll their flock/herd in the APHIS sponsored program to certify their flock/herd free of Scrapie as determined by the USDA Voluntary Scrapie Flock Certification Program Standards, APHIS 91-55-091, June 30, 2007. This program requires 5 years of active participation in the SFCP with annual records review.

(2) Export Monitored – Producers have the opportunity to enroll their flock/herd in the APHIS sponsored program to certify their flock/herd free of and eligible to be exported as determined by the USDA Voluntary Scrapie Flock Certification Program Standards, APHIS 91-55-091, June 30, 2007. This program requires 7 years of participation in the SFCP and specified testing within herd or flock.

(3) Selective Monitored – Slaughter lamb/kid producers who wish to have an additional method of surveillance in large production flocks/herds have the opportunity to enroll their flock/herd in the APHIS sponsored program as determined by the USDA Voluntary Scrapie Flock Certification Program Standards, APHIS 91-55-091, June 30, 2007.

History

• Rulemaking Authority 570.07(23), 570.36(2), 585.002(4) FS. Law Implemented 585.003, 585.11(1), 585.14, 585.145(1) FS. History–New 10-9-08.

Fla. Admin. Code R. 5C-29.005 Scrapie Monitoring and Surveillance

(1) Clinical suspects and test-positive animals will be handled in accordance with the USDA Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-079, June 1, 2005.

(2) Mature traceable animals that are dead or down at market will be sampled and tested when practical to do so in accordance with the USDA Scrapie Eradication Uniform Methods and Rules APHIS 91-55-079, June 1, 2005

(3) Sampling and testing of mature traceable sheep at slaughter will be handled by APHIS in accordance with the USDA Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-079, June 1, 2005.

History

• Rulemaking Authority 570.07(23), 570.36(2), 585.002(4) FS. Law Implemented 585.003, 585.11(1), 585.14, 585.145(1), 585.16 FS. History–New 10-9-08.

Fla. Admin. Code R. 5C-29.006 Scrapie Flock/Herd Clean-up Plans

(1) All flocks/herds determined to be infected with Scrapie shall be placed under quarantine and handled in accordance with the USDA Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-079, June 1, 2005.

(2) All flocks/herds containing animals suspicious for, and source flocks/herds, will be placed under quarantine and investigated in accordance with the USDA Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-079, June 1, 2005.

History

• Rulemaking Authority 570.07(23), 570.36(2), 570.07(15), 585.002(4) FS. Law Implemented 585.003, 585.08(1), 585.11(1), 585.145(1), 585.16, 585.17, 585.18, 585.23, 585.40 FS. History–New 10-9-08.

Fla. Admin. Code R. 5C-29.007 Florida Scrapie Certification Board

In accordance with the USDA Voluntary Scrapie Flock Certification Program Standards, APHIS 91-55-091, June 30, 2007, APHIS is authorized to establish a State Scrapie Certification Board. The board shall administer the USDA Voluntary Scrapie Flock Certification Program Standards, APHIS 91-55-091, June 30, 2007; review program enrollment and status advancement; review situations that may result in reduction of certification status or dismissal from the program; and educate producers regarding Scrapie.

History

• Rulemaking Authority 570.07(23), 570.36(2), 585.002(4) FS. Law Implemented 570.07 (15), 585.11(1)(b), 585.14 FS. History–New 10-9-08.

Fla. Admin. Code R. 5C-29.008 Materials

(1) 9 C.F.R. §54.1 (2008), 9 C.F.R. §79.2 (2008) and 9 C.F.R. §§160-162 (2008) are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328.

(2) USDA Scrapie Eradication Uniform Methods and Rules, June 1, 2005, APHIS 91-55-079, is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

(3) USDA Voluntary Scrapie Flock Certification Program Standards, June 30, 2007, APHIS 91-55-091 is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

(4) Federal Meat Inspection Act (21 U.S.C. §§601-695 (2007)) is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

History

• Rulemaking Authority 570.07(23), 570.36(2), 585.002(4) FS. Law Implemented 585.08, 585.11(1), 585.15, 585.16 FS. History–New 10-9-08.

Chapter 5C-30 ENFORCEMENT AND PENALTIES

Fla. Admin. Code R. 5C-30.001 Definitions

(1) Animal or Domestic Animal. Any animals that are maintained for private use or commercial purposes; including any equine such as horse, mule, ass, burro, zebra; any bovine such as bull, steer, ox, cow, heifer, calf, or bison; any other hoofed animal such as goat, sheep, swine, or cervids; any domestic cat, dog, reptile or amphibian; any avian such as ratites, poultry, or other domesticated bird or fowl; or any captive, exotic or non-native animals.

(2) Dangerous Transmissible Diseases. Those animal diseases or pests listed or described in Rule 5C-20.002, F.A.C.

(3) Department Representative. An employee of the state or federal government who has been authorized by the Division to issue a Notice of Quarantine.

(4) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(5) Quarantine. A strict isolation and restriction of movement of animals infected with, suspected of being infected with, or exposed to dangerous transmissible diseases or other infectious diseases or pests that may be foreign or newly emerging and that may result in significant animal loss, economic damage or are suspected of causing human illness, to a premises or area, to prevent the spread of diseases or pests. The lack of appropriate health documentation as provided in Chapters 5C-3 and 5C-4, F.A.C. and Section 585.145, F.S., is sufficient to determine that there is a risk of disease transmission requiring quarantine.

(a) Animal Quarantine. Quarantine of animals to specified premises.

(b) Area Quarantine. Quarantine of specified geographic areas within the state.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS. History–New 5-24-10.

Fla. Admin. Code R. 5C-30.002 Procedures for Inspection of Animals to be Imported into or Moved Within the State

(1) Any person importing animals into the State of Florida or moving animals within the state is subject to inspection by a Department representative to determine whether the animal has the appropriate health documentation as provided in Chapters 5C-3 and 5C-4, F.A.C. and Section 585.145, F.S., shows signs of illness, or is deceased.

(a) Inspections will generally occur at the interdiction stations maintained by the Office of Agricultural Law Enforcement of the Department. This inspection does not replace or limit the ability of the Department to inspect premises or transport vehicles at other locations for violations as provided in Section 570.07(2), F.S.

(b) Any person transporting animals into or within the state shall present the animals for inspection whenever there is a Department interdiction station of the Office of Agricultural Law Enforcement on their route.

(c) At the interdiction stations, a Department representative shall inspect all animals being transported into or within the state. The transporter, owner or operator transporting animals into or within the state is responsible for ensuring that each animal moved into or within the state is accompanied by the appropriate health documentation.

(2) The department may refuse entry into the state or quarantine, any animal that is not accompanied by the appropriate health documentation, any animal showing signs of illness, or dead animals.

(3) Where any health documentation for an animal being transported into or within the state is missing or inadequate, where there are animals showing signs of illnesses, or where there are dead animals, the Department representative shall follow the procedures outlined in Table I, Rule 5C-30.003, F.A.C., in determining the appropriate action for a violation. In addition to refusal of entry or quarantine, the Department may issue Advisory Notices or impose administrative fines in accordance with Table I, Rule 5C-30.003, F.A.C.

(4) Any animal required to be quarantined to destination or to premises of origin shall be maintained in strict isolation, until such time as a Department representative releases the animal from quarantine.

(5) When the Department determines that the threat of disease ceases to exist and/or animal health requirements have been met, a Department representative will provide notification that the quarantine has been released and is no longer in effect.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS. History–New 5-24-10.

Fla. Admin. Code R. 5C-30.003 Penalties

(1) This rule describes the penalties for violations of the requirements provided in Chapter 585, F.S., and rule Division 5C, F.A.C.

(2) The provision of specified penalties in this rule shall not preclude the Department from seeking any legal remedy or injunctive relief available under Sections 585.005 and 585.007, F.S.

(3) The penalties for failure to comply with the health standards for importation or intrastate movement of animals are as provided in Table #1.

TABLE #1

Decision and Penalty Matrix for Division of Animal Industry Movement Violations

Division of Animal Industry – DAI

Equine Infectious Anemia – EIA

Individually Identified – ID

National Poultry Improvement Plan – NPIP

Official Certificate of Veterinary Inspection – OCVI (valid for 30 days)

Pullorum-Typhoid – PT Test

Tuberculosis – TB

SPECIES

VIOLATION

ADMINISTRATIVE

ACTION

INTRASTATE

(Within State)

ADMINISTRATIVE

ACTION

INTERSTATE

(Import into State)

ADMINISTRATIVE PENALTY*

All Animals

Use of forged, altered or counterfeited documents as required in Division 5C, F.A.C.

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

All Animals

Movement of animals showing signs of illness or dead animals unless accompanied by a valid Carcass Haulers Permit or prior permission number from the Division of Animal Industry.

Quarantine back to originating premise and Administrative Fine.

Refuse entry for dead animals unless accompanied by a valid Carcass Haulers Permit or a prior permission number from the Division of Animal Industry. All other animals showing signs of illness, contact the Division of Animal Industry.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

All Animals

Illegal Importation

N/A

Quarantine

and

Administrative Fine.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

All Animals

Movement or commingling of animals in violation of quarantine.

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st $1,000 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

All Animals

Failure to allow records inspection

Quarantine to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

All Animals

Failure to test or maintain records as required by Division 5C, F.A.C.

Quarantine to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st Warning Letter.

2nd $500 per animal

3rd $1,500 per animal; subsequent violations within 36 months of last violation – $1,000 increments up to $10,000 per animal.

All Animals

Failure to allow access or testing of animals for contagious or infectious disease.

Quarantine to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000.

All Animals

No valid carcass hauler permit in accordance with Section 585.147, FS.

Quarantine to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

All Animals

Failure to report a dangerous transmissible disease to the State Veterinarian as required under Section 585.19, FS.

Administrative Fine

N/A

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

All Animals

Concealing, removing or attempting to conceal or remove an animal that is known or suspected of being afflicted or suffering from a disease or pest designated on the department’s dangerous transmissible disease list as required under Section 585.18, FS.

Quarantine to Premises of Origin and Administrative Fine.

Quarantine to Premises of Origin and Administrative Fine.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

All Animals

(Except poultry and deer–see below).

No prior permission number as required in Division 5C-3, F.A.C.

N/A

Allow entry into state. Division of Animal Industry will contact issuing veterinarian. Issue an Advisory Notice.

1st Notice of Non-Compliance

2nd Notice of Non-Compliance

3rd and subsequent violations within 36 months of last violation – refuse entry into state.

Cattle

(Unidentified)

Failure by an Approved Livestock Facility accepting cattle to: tag as an Approved Tagging Site; place into designated “slaughter only” sale channels; deny entry to the market.

Administrative Fine

Administrative Fine

1st $25 per animal per violation

2nd $50 per animal per violation

3rd $100 per animal per violation

Cattle

(Unidentified)

Failure by an Approved Livestock Facility or Purchaser to timely submit complete and accurate records required by subparagraph

5C-31.004(2)(a)3., or

5C-31.004(2)(b)4., or

5C-31.004(2)(b)7., F.A.C.

Administrative Fine

Administrative Fine

1st $25 per animal per violation

2nd $50 per animal per violation

3rd $100 per animal per violation

Cattle

(Unidentified)

Failure by an Approved Livestock Facility or Purchaser to retain the information required by subparagraph

5C-31.004(2)(a)4., or

5C-31.004(2)(b)5., or

5C-31.004(2)(b)8., F.A.C.

Administrative Fine

Administrative Fine

1st $25 per animal per violation

2nd $50 per animal per violation

3rd $100 per animal per violation

Cattle

(Unidentified)

Failure of Purchaser of unidentified Cattle to tag Cattle in accordance with subparagraph

5C-31.004(2)(a)3., F.A.C.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

1st $25 per animal per violation

2nd $50 per animal per violation

3rd $100 per animal per violation

Cattle

(Unidentified)

Failure of Purchaser to provide the Premises Identification Number to Approved Livestock Facility as required by subparagraph

5C-31.004(2)(b)2., F.A.C.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

1st $25 per animal per violation

2nd $50 per animal per violation

3rd $100 per animal per violation

Cattle (Identification)

Failure to have Official Individual Identification.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

1st $25 per animal per violation

2nd $50 per animal per violation

3rd 100 per animal per violation

Failure to prevent commingling with Cattle under separate ownership.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

1st $25 per animal per violation

2nd $50 per animal per violation

3rd 100 per animal per violation

Cattle and Bison (Bovine)

No ID, or invalid OCVI /no OCVI.

N/A

Quarantine to destination and Administrative Fine.

1st $25 per animal

2nd $50 per animal

3rd $100 per animal; subsequent violations within 36 months in $100 increments up to $10,000 per animal.

Refuse entry into state.

Cattle and Bison (Bovine)

No tuberculosis (TB) or brucellosis test in accordance with paragraph

5C-3.004(2)(b), F.A.C.

N/A

Refuse entry into state if consigned to a show, sale or exhibition.

All other shipments– quarantine to destination and Administrative Fine.

1st Warning Letter.

2nd $100 per animal

3rd $500 per animal

4th $1,000 per animal; subsequent violations within 36 months in $1000 increments up to $10,000 per animal.

Deer (Cervidae)

No OCVI or prior permission.

Quarantine back to premises of origin and Administrative Fine.

Refuse entry into state. Interstate import of Cervidae is not permitted in accordance with Rule 68A-4.0051 F.A.C., unless exempt as provided in subsections 68A-4.0051(1)-(2), F.A.C.

1st $1,000 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

Dogs or Cats

No OCVI, incomplete or expired OCVI.

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st Warning Letter.

2nd $100 per animal

3rd $500 per animal; subsequent violations within 36 months in $500 increments up to $10,000 animal.

Dogs or Cats

Falsifying OCVI with information from out of state OCVI.

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

Dogs or Cats

Forging, altering, or misrepresenting OCVI.

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

Dogs or Cats

Failure to have current rabies vaccination on ‘of age’ animal on OCVI. “Of age” is defined as four (4) months in accordance with Section 828.30(1), F.S., and over three (3) months for animals offered for sale in accordance with Section 828.29(1)(b), F.S.

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st Warning Letter.

2nd $500 per animal

3rd $1,000 per animal; subsequent violations within 36 months in $1000 increments up to $10,000 per animal; refuse entry into state.

Dogs or Cats

Failure to wait 14 days after vaccinations to ship animal for sale into state in accordance with Section 828.29(1)(a), F.S.

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st Warning Letter; Referral to DBPR.

2nd $100 per animal

3rd $500 per animal

4th $1,000 per animal; subsequent violations within 36 months in $1,000 increments up to $10,000; Cease and Desist Order.

Goats and Sheep

(Caprine and Ovine)

No ID as required in subsection

5C-29.002(1), F.A.C. (USDA scrapie tags–required unless consigned to a USDA-approved livestock market).

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state.

1st $25 per animal

2nd $50 per animal

3rd $100 per animal; subsequent violations within 36 months in $100 increments up to $10,000 per animal.

Goats and Sheep

(Caprine and Ovine)

No OCVI/invalid OCVI.

N/A

Quarantine to destination and Administrative Fine.

1st $25 per animal

2nd $50 per animal

3rd $100 per animal; subsequent violations within 36 months in $100 increments up to $10,000 per animal.

Refuse entry into state.

Goats and Sheep

(Caprine and Ovine)

No TB test or brucellosis test.

N/A

Refuse entry into state if consigned to a show, sale, or exhibition.

All other shipments– quarantine to destination and Administrative Fine.

1st Warning Letter.

2nd $100 per animal

3rd $500 per animal

4th $1,000 per animal; subsequent violations within 36 months in $1,000 increments up to $10,000 per animal.

Goats and Sheep

(Caprine and Ovine)

No disease-free statement provided by issuing veterinarian, as required in paragraph

5C-3.005(1)(b), F.A.C.

N/A

Issue an Advisory Notice.

Notice of Non-Compliance.

Horses (Equine)

No EIA test, outdated EIA test, EIA not accurate/legible, or EIA does not match horse.

Quarantine back to Premises of Origin and Administrative Fine.

Refuse entry into state if consigned to a show, sale or exhibition.

All other shipments-refuse entry into state; or at owner’s request and expense, call a Florida accredited veterinarian to test for EIA, and quarantine to destination pending outcome of the test and Administrative Fine.

1st Warning Letter.

2nd $100 per animal

3rd $500 per animal

4th $1,000 per animal; subsequent violations within 36 months in $1,000 increments up to $10,000 per animal.

Horses (Equine)

No OCVI, invalid OCVI, or OCVI does not match the horse.

N/A

Call a Florida veterinarian to issue OCVI, at owner’s expense, and allow entry. If no veterinarian is available, then quarantine to destination and Administrative Fine.

1st Warning Letter.

2nd $100 per animal

3rd $500 per animal

4th $1,000 per animal; subsequent violations within 36 months in $1,000 increments up to $10,000 per animal.

Horses (Equine)

No Equine Piroplasmosis (EP) test or treatment if from endemic area.

Quarantine back to Premises of Origin.

Refuse entry into state.

N/A

Horses (Equine)

No temperature reading on OCVI.

N/A

Allow entry into state and issue an Advisory Notice.

Notice of Non-Compliance.

Horses (Equine)

Failure to maintain requirements for an approved Equine Infectious Anemia Quarantine Premises in accordance with Rule 5C-18.007, F.A.C., or Equine Piroplasmosis Quarantine Premises in accordance with Rule 5C-14.006, F.A.C.

Administrative Fine.

N/A

1st Warning Letter.

2nd $100 per animal

3rd $500 per animal

4th $1,000 per animal; subsequent violations within 36 months in $1,000 increments up to $10,000 per animal.

Horses (Equine)

Failure to maintain requirements or standards for an approved Contagious Equine Metritis (CEM) Quarantine Facility in accordance with Rule 5C-22.004, F.A.C.

Maintain quarantine and Administrative Fine.

N/A

1st Warning Letter.

2nd $500 per animal

3rd and subsequent violations within 36 months, $1,000 fine per animal and revoke Approval of CEM Quarantine Facility.

Pigs (Swine/Porcine)

No ID as defined in subsection

5C-21.002(24), F.A.C., or OCVI/invalid OCVI.

N/A

Quarantine to destination and Administrative Fine.

1st $25 per animal

2nd $50 per animal

3rd $100 per animal; subsequent violations within 36 months in $100 increments up to $10,000 per animal.

Refuse entry into state.

Pigs (Swine/Porcine)

No pseudorabies or brucellosis test in accordance with subsection

5C-3.007(3), F.A.C.

N/A

Refuse entry into state if consigned to a show, sale or exhibition.

All other shipments– quarantine to destination and Administrative Fine.

1st Warning Letter.

2nd $100 per animal

3rd $500 per animal

4th $1,000 per animal; subsequent violations within 36 months in $1,000 increments up to $10,000 per animal.

Pigs (Swine/Porcine)

Movement without Feral Swine Dealer Card.

Quarantine to destination and Administrative Fine.

N/A

1st $25 per animal

2nd $50 per animal

3rd $100 per animal; subsequent violations within 36 months in $100 increments up to $10,000 per animal.

Pigs (Swine/Porcine)

Unlicensed Feral Swine Holding Facility.

Animals quarantined on premises and Administrative Fine.

N/A

1st Warning Letter.

2nd $25 per animal per violation

3rd $50 per animal per violation

4th $100 per animal per violation; subsequent violations within 36 months in $100 increments up to $10,000 per animal.

Pigs (Swine/Porcine)

Movement of feral swine to non-listed premises.

Quarantine to origin or destination premises and Administrative Fine.

Refuse entry into state.

1st $25 per animal per violation

2nd $50 per animal per violation

3rd $100 per animal per violation; subsequent violations within 36 months in $100 increments up to $10,000 per animal.

Pigs (Swine/Porcine)

Feeding non-sterilized raw garbage to swine in accordance with subsection

5C-11.017(1), F.A.C.

Quarantine on premises and Administrative Fine.

N/A

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

Poultry (Avian)

No OCVI/invalid OCVI, PT test, Avian Influenza test, Exotic Newcastle Disease test, or NPIP/VS

9-3 in accordance with Rule 5C-3.012, F.A.C.

N/A

Refuse entry into state.

N/A

Poultry (Avian)

No Avian Influenza test if Rule 5C-16.021, F.A.C., is in effect.

Quarantine back to Premises of Origin.

N/A

Notice of Non-Compliance

Poultry (Avian)

No prior permission number with OCVI for poultry originating from a state with no premises under quarantine for Highly Pathogenic Avian Influenza (HPAI) or Exotic Newcastle Disease (END).

N/A

Allow entry to a single destination and quarantine.

1st Quarantine

2nd Quarantine

3rd and subsequent violations within 36 months of last violation – refuse entry into state.

Poultry (Avian)

No prior permission number with OCVI for poultry originating from a state with premises under quarantine for Highly Pathogenic Avian Influenza (HPAI) or Exotic Newcastle Disease (END).

N/A

Refuse entry into state.

N/A

Laboratory Documents

Altering, forging, or misrepresenting a document as an official state document from FDACS laboratory.

Administrative Fine.

Administrative Fine.

1st $500 per animal

2nd $2,500 per animal

3rd $5,000 per animal

4th and subsequent violations within 36 months of last violation – $10,000 per animal.

*The penalties in Table #1 are listed in the order that they will apply with each succeeding violation.

(4) Resolution of Violations, Settlement, and Additional Enforcement Remedies – The Department and person charged with a violation may agree to resolve violations prior to an administrative hearing, or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapters 120 or 570 and 585, F.S.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.007(1), 585.08(2)(a), 585.145(1), (2), 585.16, 585.18, 585.19, 585.23, 585.40 FS. History–New 5-24-10, Amended 2-19-14, 9-4-14, 1-11-17.

Fla. Admin. Code R. 5C-30.004 Incorporated Materials

(1) For purposes of Sections 585.08 and 585.145, F.S., and pursuant to this rule, a Department representative who is not at a department interdiction station and who executes a Notice of Quarantine shall utilize form FDACS-09030 Rev. 12/09, Notice of Quarantine. A Department representative at a Department interdiction station shall issue FDACS-09163 Rev. 12/09, Notice of Quarantine – Interdiction Stations or FDACS-09239 Rev. 12/09, Refuse Entry Notice – Interdiction Stations. A Department representative shall post FDACS-09090 Rev. 12/09, Quarantine Sign, at the location of the animal quarantine. This sign shall not be removed by anyone other than a Department representative. When the Department determines that the threat of disease ceases to exist and/or animal health requirements have been met, a Department representative will provide notification that the quarantine has been released and is no longer in effect by issuing FDACS-09028 Rev. 12/09, Release of Quarantine.

(2) When an Advisory Notice is prescribed by rule for a particular violation, a Department representative shall issue FDACS-09238 Rev. 12/09, Advisory Notice – Interdiction Stations.

(3) USDA APHIS Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) and USDA APHIS Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

(4) The following documents are hereby incorporated by reference. Copies of these documents may be obtained from the Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 or online as indicated.

(a) Release of Quarantine, FDACS-09028, Rev. 12/09,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03307.

(b) Notice of Quarantine, FDACS-09030, Rev. 12/09,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03306.

(c) Quarantine Sign, FDACS-09090, Rev. 12/09,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03305.

(d) Notice of Quarantine – Interdiction Stations, FDACS-09163, Rev. 12/09,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03304.

(e) Advisory Notice – Interdiction Stations, FDACS-09238, Rev. 12/09,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03303.

(f) Refuse Entry Notice – Interdiction Stations, FDACS-09239, Rev. 12/09,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03302.

(g) USDA APHIS Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89),

http://www.flrules.org/Gateway/reference.asp?No=Ref-03301.

(h) USDA APHIS Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011),

http://www.flrules.org/Gateway/reference.asp?No=Ref-03300.

History

• Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS. History–New 5-24-10, Amended 2-19-14.

Chapter 5C-31 Cattle Identification

Fla. Admin. Code R. 5C-31.001 Definitions

(1) Approved Livestock Facility. A livestock market or stockyard under state or federal veterinary supervision where livestock are assembled and that has been approved under 9 C.F.R. §71.20 (2013), as incorporated in Rule 5C-31.006, F.A.C.

(2) Approved Tagging Site. A site or location specifically approved by the department to apply official individual identification to cattle.

(3) Approved Tagging Site Manager. The individual responsible for an approved tagging site.

(4) Cattle. Any bull, steer, ox, cow, heifer, calf, or any other bovine animal including bison.

(5) Moved directly. The transport of cattle, without offloading, from one premises to another.

(6) Official Individual Identification. An individual animal identification that uniquely identifies the animal, the premises of origin or the premises where the animal was uniquely identified, and the state in which the official individual identification was applied, and

(a) Is approved by the United States Department of Agriculture in accordance with 9 C.F.R. §86.4(a)(1) (2013) as incorporated in Rule 5C-31.006, F.A.C., or

(b) Is submitted to the department and verified by the department as meeting the requirements for official individual identification such that state officials can determine the herd in which the animal was officially identified.

(7) Premises Identification Number. A nationally unique number assigned by a state, tribal and/or federal animal health authority to a premises that is, in the judgment of the state, tribal and/or federal animal health authority, a geographically distinct location from other premises.

(8) Premises of Origin. The farm or ranch at which the official individual identification is applied, or if the official identification is applied at an approved tagging site, the farm or ranch from which the cattle have been brought to the approved tagging site.

(9) Purchaser. The new owner of the cattle purchased during or as part of an auction or sale at an Approved Livestock Facility.

(10) Recognized Slaughter Establishment. Any slaughter establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§601 et seq.) as incorporated in subsection 5C-3.001(36), F.A.C., or the state meat inspection act of the state in which the establishment is located.

History

• Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14, Amended 9-4-14.

Fla. Admin. Code R. 5C-31.002 Application of Official Individual Identification

(1) Official individual identification may be applied by a cattle owner, veterinarian, or other person employed or contracted by an owner on an owner’s premises; or at an approved tagging site, by the tagging site manager or a person employed by such manager.

(2) Official individual identification may be obtained:

(a) From United States Department of Agriculture Approved Providers as provided in 9 C.F.R. §86.4(a)(1) (2013), as incorporated in Rule 5C-31.006, F.A.C.

(b) From Florida Department of Agriculture and Consumer Services, Division of Animal Industry at no charge. Official individual identification tags may be requested using the form entitled Request For Official Identification Devices, FDACS-09246, Rev. 12/13, as incorporated in Rule 5C-31.006, F.A.C. In order to obtain official identification devices from the department, a premises identification number is required. The premises identification number can be applied for using the form the Application for Premises Registration, FDACS-09215, Rev. 05/13, as incorporated in Rule 5C-31.006, F.A.C. The department shall provide written notification containing a premises identification number to the applicant upon approval.

History

• Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14.

Fla. Admin. Code R. 5C-31.003 Approved Tagging Site Requirements

(1) Applicant shall submit the Application for Approved Tagging Site and Tagging Site Manager, FDACS-09254, 03/13, as incorporated in Rule 5C-31.006, F.A.C., to the address provided on the application. This application provides the physical location of the proposed site and the signature of the individual of record serving as tagging site manager.

(2) The department shall provide written notification to the applicant upon approval or disapproval of the site as an approved tagging site.

(3) Each approved tagging site shall:

(a) Report any change in management to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, and

(b) Be open to inspection by the Florida Department of Agriculture and Consumer Services, Division of Animal Industry during tagging or as requested for review of official records.

(4) An approved tagging site manager shall:

(a) Maintain records of official individual identification tags applied using the form entitled Record of Official Individual Identification Applied to Cattle in Florida, FDACS-09255, Rev. 05/14, as incorporated in Rule 5C-31.006, F.A.C., unless official individual identification tags are provided by the owner. If official individual identification tags are provided by the owner to be applied at the approved tagging site, then the tagging site manager is not required to maintain records as provided above.

(b) Ensure that official individual identification is correctly correlated to the owner/premises of origin; and

(c) Ensure that official individual identification tags provided by an owner are applied only to cattle belonging to that owner; and

(d) Forward records to Florida Department of Agriculture and Consumer Services, Division of Animal Industry within 7 days of application of tags.

History

• Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14, Amended 9-4-14.

Fla. Admin. Code R. 5C-31.004 USDA Approved Livestock Facilities

(1) Unidentified cattle required to be officially identified in accordance with Rule 5C-31.005, F.A.C., and brought to an Approved Livestock Facility (Facility) shall be:

(a) Tagged with Official Individual Identification by the Facility in accordance with subsection (2); or

(b) Tagged with Official Individual Identification by the Facility on behalf of the seller in accordance with Rule 5C-31.003, F.A.C.; or

(c) Placed into designated “slaughter only” sale channels; or

(d) Denied entry to the market.

(2) The Purchaser of unidentified cattle shall ensure that the cattle receive Official Individual Identification by either of the following methods.

(a) Option 1: Subsequent to a request made by the Purchaser, the Approved Livestock Facility shall tag the unidentified cattle with Official Individual Identification prior to the unidentified cattle departing the Approved Livestock Facility if the following conditions are met:

1. The Approved Livestock Facility shall be registered with the department as an Approved Tagging Site in accordance with Rule 5C-31.003, F.A.C.

2. The Approved Livestock Facility shall record the following information using the form entitled Record of Official Individual Identification Applied to Cattle in Florida, FDACS-09255, Rev. 05/14, which is incorporated in Rule 5C-31.006, F.A.C.

a. The numbers of the Official Individual Identification tags applied to each of the cattle by the Approved Livestock Facility.

b. The corresponding number of the “back tags” applied by the Approved Livestock Facility to each of the unidentified cattle.

c. The Purchaser’s name and contact information.

d. The Purchaser’s Premises Identification Number.

3. The Approved Livestock Facility shall submit the completed form to the department in accordance with the instructions provided on the form. The completed form must be received by the department within 7-days of the conclusion of the Approved Livestock Facility’s auction or sale in which the cattle were purchased.

4. The Approved Livestock Facility shall retain the sales transaction information (including the date of sale and the seller’s and Purchaser’s name and contact information) along with a copy of the completed form described above for a minimum of 5-years and make these records available to the department upon request.

(b) Option 2: The Purchaser shall tag the unidentified cattle with Official Individual Identification upon delivery to a premises with a Premises Identification Number if the following conditions are met:

1. The Purchaser shall have registered and obtained a Premises Identification Number for the premises where the unidentified cattle will be delivered.

2. The Purchaser shall provide the Premises Identification Number for the premises where the unidentified cattle will be delivered to the Approved Livestock Facility prior to departing with the unidentified cattle.

3. The Purchaser shall tag the unidentified cattle with Official Individual Identification and record the following information using the form entitled Record of Official Individual Identification Applied by the Purchaser, FDACS-09269, 05/14, which is incorporated in Rule 5C-31.006, F.A.C.

a. The date of the sale or auction where the unidentified cattle were purchased.

b. The name and location of the Approved Livestock Facility where the unidentified cattle were purchased.

c. The numbers of the unique Official Individual Identification tags applied to each of the cattle.

d. The corresponding number of the “back tags” applied by the Approved Livestock Facility to each of the unidentified cattle.

e. The Purchaser’s name and contact information.

f. The Purchaser’s Premises Identification Number.

g. A certification that the Purchaser has tagged the unidentified cattle in accordance with rule Chapter 5C-31, F.A.C.

4. The Purchaser shall submit the completed Record of Official Individual Identification Applied by the Purchaser, FDACS-09269, 05/14, to the department in accordance with the instructions provided on the form. The completed form must be received by the department within 7-days of the conclusion of the Approved Livestock Facility’s auction or sale in which the cattle were purchased.

5. The Purchaser shall retain a copy of the completed form described above for a minimum of 5-years and make it available to the department upon request.

6. The Approved Livestock Facility shall record the following information using the form entitled Record of Sale of Unidentified Cattle from an Approved Livestock Facility, FDACS-09270, 05/14, which is incorporated in Rule 5C-31.006, F.A.C.

a. The date of the sale or auction where the unidentified cattle were purchased.

b. The name and location of the Approved Livestock Facility where the unidentified cattle were purchased.

c. The Purchaser’s name and contact information.

d. The Purchaser’s Premises Identification Number.

e. The number of the temporary “back tag” applied by the Facility to each of the unidentified cattle.

7. The Approved Livestock Facility shall submit the completed Record of Sale of Unidentified Cattle from an Approved Livestock Facility, FDACS-09270, 05/14, to the department in accordance with the instructions provided on the form. The completed form must be received by the department within 24-hours of the conclusion of the Approved Livestock Facility’s auction or sale in which the cattle were purchased.

8. The Approved Livestock Facility shall retain the sales transaction information (including the date of sale and the seller’s and Purchaser’s name and contact information) along with a copy of the completed form described above for a minimum of 5-years and make these records available to the department upon request.

History

• Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14, Amended 9-4-14.

Fla. Admin. Code R. 5C-31.005 Required Identification for Intrastate Movement

Cattle 18 months of age or older, moving within the state of Florida, must have official individual identification unless the cattle are:

(1) Being moved directly to a Recognized Slaughter Establishment or through no more than one USDA approved livestock facility and then to a recognized slaughter facility;

(2) Being moved directly to an approved tagging site; or

(3) Being moved from one premises to another premises with the cattle remaining under common ownership as part of normal farm or ranching operations. Cattle shall not be commingled with cattle under separate ownership.

History

• Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14.

Fla. Admin. Code R. 5C-31.006 Documents Incorporated By Reference

The following documents are hereby incorporated by reference. Copies of these documents may be obtained from the Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 or online as indicated.

(1) Application for Premises Registration, FDACS-09215, Rev. 05/13,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03294.

(2) Request For Official Identification Devices, FDACS-09246, Rev. 12/13,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03477.

(3) Application for Approved Tagging Site and Tagging Site Manager, FDACS-09254, 03/13,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03296.

(4) Record of Official Individual Identification Applied to Cattle in Florida, FDACS-09255, Rev. 05/14,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04498.

(5) 9 C.F.R. §71.20 (2013), http://www.flrules.org/Gateway/reference.asp?No=Ref-03299.

(6) 9 C.F.R. §86.4(a)(1) (2013), http://www.flrules.org/Gateway/reference.asp?No=Ref-03298.

(7) Record of Official Individual Identification Applied by the Purchaser, FDACS-09269, 05/14,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04497.

(8) Record of Sale of Unidentified Cattle from an Approved Livestock Facility, FDACS-09270, 05/14,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04496.

History

• Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14, Amended 9-4-14.

Fla. Admin. Code R. 5C-31.007 Penalties

Violations of Chapter 5C-31, F.A.C., will be determined as referenced in Rule 5C-30.003, F.A.C.

History

• Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14.

Division 5L Division of Aquaculture

Chapter 5L-1 THE COMPREHENSIVE SHELLFISH CONTROL CODE

Fla. Admin. Code R. 5L-1.001 General Requirements and Intent

(1) A shellfish processing facility certification is required to operate any shellfish processing facility.

(2) It is the intent of the Department to establish regulations and specifications to be known as the Comprehensive Shellfish Control Code, relating to sanitary practices for the catching, handling, relaying, depuration, packaging, preserving and storing of shellfish products.

(3) The Department, as a participant in the Interstate Shellfish Sanitation Conference, recognizes and endorses the following principles:

(a) Shellfish are a renewable, manageable natural and aquacultured resource of significant economic value to many coastal communities, and should be managed as carefully as are other natural resources such as forests, water, and agricultural lands.

(b) Shellfish culture and harvesting represents a beneficial use of water in the estuaries. This use should be recognized by local, state and federal agencies in planning and carrying out pollution prevention and abatement programs and in comprehensive planning for the use of these areas.

(c) The goals of the Interstate Shellfish Sanitation Conference are:

1. The continued safe use of this natural and aquacultured resource; and,

2. Active encouragement of water quality programs which will preserve all possible coastal areas for this beneficial use.

(4) The Department recognizes that the shellfish industry is subject to change as technological data becomes available; accordingly, it is the intent of the Department that the Comprehensive Shellfish Control Code be revised as necessary so that the technological data and industrial practices contained therein shall be consistent with good health and safety practices.

(5) The enforcement of the provisions of this code by the Department shall be coordinated with and be in conjunction with any and all other state, local and federal agencies exercising jurisdiction over the sanitary practices of the shellfish industry.

(6) Adoption of Federal Regulations and Standards – To the extent not inconsistent with the rules herein, the following are hereby incorporated and adopted. The documents are available online as indicated.

(a) The following parts of Title 21, Code of Federal Regulations (C.F.R):

1. Part 7 – Enforcement Policy, revised as of April 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18497;

2. Part 101 – Food Labeling, revised as of April 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18498;

3. Part 109 – Unavoidable Contaminants in Food for Human Consumption and Food-Packaging Material, revised as of April 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18499;

4. Part 110 – Current Good Manufacturing Practice in Manufacturing, Packing, or Holding Human Food, revised as of April 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18500;

5. Part 117 – Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food, Revised as of April 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18501;

6. Part 123 – Fish and Fishery Products, revised as of April 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18502;

7. Part 161 – Fish and Shellfish, revised as of April 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18503;

8. Part 509 – Unavoidable Contaminants in Animal Food and Food-Packaging Material, revised as of April 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18504.

(b) Title 40, C.F.R., 141.2, revised as of July 1, 2025, https://flrules.org/gateway/reference.asp?No=Ref-18505.

(c) The Purpose, the Definitions, and Chapters 1 through 13, and 15 through 16 of the Model Ordinance of the National Shellfish Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish, 2023 Revision, herein adopted and incorporated by reference are available online at https://flrules.org/gateway/reference.asp?No=Ref-18496. Except for:

1. Definition number (16)(d) Reshipper; and,

2. Definition number (101) Reshipper.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, 7-9-89, 11-5-92, Formerly 16R-7.001, Amended 7-3-95, 2-6-97, 6-23-99, Formerly 62R-7.001, Amended 8-9-00, 5-29-02, 4-26-10, 3-23-17, 5-7-19, 1-18-23, 9-7-26.

Fla. Admin. Code R. 5L-1.002 Definitions

(1) Adulterated – any shellfish harvested from closed waters; any shellfish shucked, packed, or otherwise processed in a facility which has not been certified by the Department in accordance with the requirements of these rules; any shellfish contaminated as determined by microbiological or other analysis; any shellfish consisting in whole or in part of any filthy, putrid or decomposed substance, or otherwise unfit for food; any shellfish prepared, packed, or held under unsanitary conditions where it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

(2) Alternative processing – any processing done to shellfish which does not follow the time-temperature matrix as stated in subparagraphs 5L-1.008(9)(a)1.-3. and paragraph 5L-1.008(9)(b), F.A.C.

(3) Approved harvesting area – an area in which it is indicated by a sanitary survey or other monitoring program data that fecal material, pathogenic microorganisms, radio nuclides, harmful chemicals, and marine biotoxins are not present in dangerous concentrations.

(4) Aquaculture Use Zones (AUZ) – legally-defined parcels that are surveyed, describing and indicating corners and boundaries, that have been subdivided into individual aquaculture leases issued pursuant to Section 253.68, F.S., and paragraph 18-21.004(2)(m), F.A.C.

(5) Authorized User – an Aquaculture Certificate of Registration holder authorized by an aquaculture leaseholder to operate on the sovereignty submerged land aquaculture lease.

(6) Certification period – the period of time between July 1 and June 30 of a year.

(7) Certified shellfish processing facility – the location, structures and equipment that has been certified pursuant to Rule 5L-1.005, F.A.C., as a shellstock shipper, shucker-packer, or repacker. The certified shellfish processing facility shall comply with all laws, rules, and permits applicable to the shellfish business operation.

(8) Closed area (closed waters) – an area where the harvesting of shellfish is not permitted. Closed areas include prohibited and unclassified areas as well as temporarily closed approved, conditionally approved, restricted, and conditionally restricted harvesting areas.

(9) Code – the Comprehensive Shellfish Control Code, Chapter 5L-1, F.A.C.

(10) Commercial harvester – a person that harvests with the intent to sell.

(11) Conditionally approved harvesting area – an area in which it is indicated by a sanitary survey or other monitoring program data that the area is subjected to intermittent microbiological pollution and, under such conditions, is temporarily unsuitable as a source of shellfish for direct marketing. Such an area shall be managed by an operating procedure that will assure that shellfish from the area are not harvested from waters not meeting approved area criteria.

(12) Conditionally restricted harvesting area – an area in which it is indicated by a sanitary survey or other monitoring program data that the area is subjected to intermittent microbiological pollution and, under such conditions, is temporarily unsuitable as a source of shellfish for relaying or depuration. Such an area shall be managed by an operating procedure that will assure that shellfish from the area are not harvested from waters not meeting restricted area criteria.

(13) Corrective action plan – is a brief outline of the deficiency(ies) found during an inspection of a certified shellfish processing facility with the corresponding rule deficiencies cited and the time frame in which the deficiency(ies) must be corrected.

(14) Critical control point – a point, step, or procedure in a food process at which control can be applied, and a food safety hazard can as a result be prevented, eliminated, or reduced to acceptable levels.

(15) Critical deficiency – a condition or practice which may result in the production of a product that is adulterated. A critical deficiency presents a threat to the health or safety of the consumer.

(16) Critical limit – the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of the identified food safety hazard.

(17) Deficiency – a condition or practice that is not in compliance with the rules governing the operation of the certified shellfish processing facility as outlined in Chapter 5L-1, F.A.C., The Comprehensive Shellfish Control Code.

(18) Department – the Department of Agriculture and Consumer Services.

(19) Depuration facility (controlled purification facility) (DF) – a certified shellfish processing facility that obtains shellstock from approved, conditionally approved, restricted or conditionally restricted harvesting area(s) and submits such shellstock to a Department approved controlled purification process. The treatment process is designed to purge shellfish of bacterial and viral contamination to the extent that such shellfish are rendered safe for human consumption.

(20) Designated representative – is the individual who supervises all activities associated with the operation of the certified shellfish facilty in the absence of the processing facility owner or facility supervisor.

(21) Emergency – any unusual incident resulting from natural or unnatural causes which endangers the health, safety, or resources of the state, including, but not limited to, a hurricane, storm, or harmful algal bloom; petroleum spill; toxic substance discharge; inability of a sewage treatment plant to comply with permit conditions due to a breakdown of equipment, power outage, destruction by fire, wind, or by other cause.

(22) Facility supervisor – an individual who supervises all activities associated with the operation of the certified shellfish processing facility.

(23) Food – any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. Shellfish in the shell are considered food.

(24) Food contact surface – a surface of equipment or utensil which food normally comes into contact; or a surface of equipment or utensil from which food may drain, drip, or splash into food or onto a surface normally in contact with food.

(25) Food packaging materials – any material or container which food normally comes into contact.

(26) Food safety hazard – any biological, chemical, or physical property that may cause a food to be unsafe for human consumption.

(27) Free liquor – that liquid portion of a container that passes through a porous straining device when the contents (oyster or clam meats) of the container are drained.

(28) Hazard Analysis and Critical Control Points (HACCP) – a system of inspection, control, and monitoring measures initiated by a certified shellfish processing facility to identify and control microbiological, chemical, or physical food safety hazards which are likely to occur in shellfish products produced by the facility.

(29) Harvest – removal and subsequent possession of shellstock. Temporary possession of shellfish for the purpose of culling shall not constitute harvesting if after culling undersized shellstock are immediately returned to the water in the same shellfish harvesting area.

(30) Harvester – a person engaged in the harvesting of shellfish.

(31) Health authority – the Department or its authorized representative.

(32) Heat shock – the process of subjecting molluscan shellstock to any form of heat treatment prior to shucking, including steam, hot water or dry heat, to facilitate removal of the meat from the shell without substantially altering the physical or organoleptic characteristics of the molluscan shellfish.

(33) ICWW – Intracoastal Waterway.

(34) Key deficiency – a condition or practice which may result in adulterated, misbranded, or unwholesome product.

(35) Lot of shellstock – a single type of bulk shellstock or container of shellstock of no more than one day’s harvesting from a single harvest area gathered by one or more harvesters.

(36) Lot of shucked shellfish – a collection of containers of no more than one day’s shucked product from a single harvesting area produced under conditions as nearly uniform as possible, and designated by a common container code or marking.

(37) Lot wet storage/depuration – all shellfish from a single depuration or wet storage tank or series of tanks serviced by a common treatment system.

(38) Marina – any water area with a structure (docks, basin, floating docks, etc.) which is used for docking and constructed to provide temporary or permanent docking space for more than ten (10) boats.

(39) Mechanical refrigeration – refrigeration provided by a compressor in a system where temperature can be adjusted with a thermostat and the unit will maintain a temperature of 45ºF or less.

(40) Misbranded – any shellfish product whose labeling is false or misleading; any shellfish product in package form unless it bears labeling including (1) the name and place of business of the manufacturer, packer, or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; and (3) meets labeling requirements of the Department within this chapter.

(41) Mooring area – any water area that is used to provide temporary or permanent anchorage for more than twenty (20) boats with marine sanitation devices. Mooring areas do not include any structures for docking boats.

(42) NSSP Model Ordinance – the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, published by the U.S. Department of Health and Human Services and the Interstate Shellfish Sanitation Conference.

(43) Other deficiency – a condition or practice that is not in accordance with rule requirements and is not determined to be a key or critical deficiency.

(44) Pest – refers to any objectionable animals or insects, including, but not limited to, dogs, cats, birds, rodents, flies, and larvae.

(45) Processing – is the handling, unloading, storing, transporting, shucking, freezing, preparing, changing into different market form, manufacturing, preserving, packing, or labeling of shellfish or shellfish products.

(46) Prohibited harvesting area – an area from which the taking of shellfish is not permitted.

(47) Public water system – a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year. Such term includes: any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Such term does not include any “special irrigation district.” A public water system is either a “community water system” or a “non-community water system.” See Title 40, C.F.R., Part 141, Section 2, revised as of July 1, 2025, incorporated in paragraph 5L-1.001(6)(b), F.A.C.

(48) Remote buying – a certified shellfish processing facility or designated representative taking possession of shellfish at any location different than their certified shellfish processing facility location.

(49) Repacker (RP) – a certified shellfish processing facility, other than the original certified shucker-packer, who repacks shucked shellfish into other containers for distribution or sale. A repacker may also purchase, repack and ship shellstock. A repacker shall not shuck shellfish.

(50) Repeat Critical deficiency – is the same critical deficiency that has been listed on the corrective action plans for the same certified shellfish processing facility anytime during the preceeding 180 days.

(51) Repeat key deficiency – is the same key deficiency that has been listed on the corrective action plans for the same certified shellfish processing facility anytime during the preceeding 180 days.

(52) Repeat other deficiency – is the same other deficiency that has been listed on the corrective action plans for the same certified shellfish processing facility anytime during the preceeding 180 days.

(53) Restricted harvesting area – an area in which it is indicated by a sanitary survey or other monitoring program data that fecal material, pathogenic microorganisms, radionuclides, harmful chemicals, and marine biotoxins are not present in dangerous concentrations such that shellfish harvested from such an area and subjected to a suitable and effective purification process are safe for human consumption.

(54) Restricted use shellstock – shellstock that is harvested from harvesting areas classified as approved or conditionally approved in the open status and under conditions that do not allow the sale of shellstock for direct marketing for raw consumption. Restricted use shellstock is identified with a green tag indicating the shellstock is intended for shucking by a certified shellfish processing facility or post harvest processing only.

(55) Retail sale – sale to the ultimate consumer or to a person who will not resell the product.

(56) Sanitize – the effective bactericidal treatment of clean food contact surfaces of equipment and utensils by a process using only those safe sanitizing agents that have an available field test for strength and effectiveness, and is effective to yield a reduction of 5 logs, which is equal to a 99.999% reduction of representative disease microorganisms of public health importance. Such treatment shall not adversely affect the product and shall be safe for the consumer.

(57) Shellfish – all edible species of oysters, clams, mussels, and whole or roe-on scallops either shucked or in the shell, fresh, or frozen.

(58) Shellfish processor – a shellstock shipper, shucker-packer, or repacker who possesses a shellfish processing facility certification from the Department.

(59) Shellfish relaying – the transfer of shellfish from an aquaculture lease closed for the harvest of shellfish to a certified depuration facility or another aquaculture lease open for the harvest of shellfish, pursuant to Rule 5L-1.009, F.A.C.

(60) Shellstock – shellfish which remain in their shells.

(61) Shellstock shipper (SS) – a certified shellfish processing facility which buys, repacks and sells shellstock. A shellstock shipper is not authorized to shuck shellfish nor to repack shucked shellfish but may buy and sell sealed containers of shucked shellfish.

(62) Shuck date – the date shucked shellfish are initially removed from their shells.

(63) Shucked shellfish – shellfish or parts thereof which have been removed from their shells.

(64) Shucker-packer (SP) – a certified shellfish processing facilty which shucks and packs shellfish. SPs may act as a shellstock shipper and/or repacker.

(65) Time of harvest – is defined as the time when shellfish are first removed from the water and placed on or in a manmade conveyance or other means of transport.

(66) Time of refrigeration – is defined as the time when shellfish are first placed within an ambient environment of 45ºF degrees or less.

(67) Unclassified area – an area for which no recent sanitary survey exists. Harvest of shellfish is not permitted.

(68) Unwholesome – shellfish which are not in sound condition, unclean, or otherwise not suitable for human consumption.

(69) UV – Ultraviolet.

(70) Wet storage – the temporary storage of shellfish harvested from an approved sources or in the open status conditionally approved harvesting area and placed in tanks containing water that meets approved or open status conditionally approved shellfish harvesting area water quality standards.

(71) Wholesale – any sale to any person or business other than the final consumer.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 11-5-92, 5-20-93, Formerly 16R-7.003, Amended 7-3-95, 5-8-96, 2-6-97, 6-23-99, Formerly 62R-7.003, Amended 8-9-00, 5-29-02, 3-23-17, 4-2-19, 1-18-23, 9-7-26.

Fla. Admin. Code R. 5L-1.003 Shellfish Harvesting Area Standards

(1) The Department shall describe or illustrate harvesting areas and provide harvesting area classifications as approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified as defined herein, including criteria for opening and closing shellfish harvesting areas in accordance with Chapters II and IV of the NSSP Model Ordinance. Copies of the Shellfish Harvesting Area Classification Boundaries and Management Plans, (FDACS-P-01593, revised March 2026), containing shellfish harvesting area descriptions, references to shellfish harvesting area map numbers, and operating criteria are hereby incorporated by reference, and available online at https://flrules.org/Gateway/reference.asp?No=Ref-19253, or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, Florida 32399.

(2) Approved harvesting areas – An area shall be classified as approved when a sanitary survey, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that pathogenic microorganisms, radionuclides, and/or harmful industrial wastes do not reach the area in dangerous concentrations and this is verified by laboratory findings whenever the sanitary survey indicates the need. Shellfish may be harvested from such areas for direct marketing. This classification is based on the following criteria:

(a) The area is not so contaminated with fecal material or poisonous or deleterious substances that consumption of the shellfish might be hazardous; and,

(b) The bacteriological quality of every sampling station in those portions of the area most probably exposed to fecal contamination shall meet one of the following standards during the most unfavorable meteorological, hydrographic, seasonal, and point source pollution conditions: 1) The median or geometric mean fecal coliform Most Probable Number (MPN) of water shall not exceed 14 per 100 milliliters (ml), and not more than 10% percent of the samples shall exceed a fecal coliform MPN of 43 per 100 ml (per 5-tube, 3-dilution test) or 2) The median or geometric mean fecal coliform MPN of water shall not exceed 14 per 100 ml, and not more than 10% percent of the samples shall exceed a fecal coliform MPN of 33 per 100 ml (per 12-tube, single-dilution test) or 3) The median or geometric mean fecal coliform Membrane Filter (MF) colony forming units (CFU) of water shall not exceed 14 per 100 ml, and not more than 10% percent of the samples shall exceed a fecal coliform MF CFU of 31 per 100 ml. Harvest from temporarily closed approved areas shall be unlawful.

(c) Offshore state waters greater than three nautical miles from the shore are classified as approved if a sanitary survey, conducted within twelve years, shows there are no pollution sources that will impact the microbiological water quality.

(3) Conditionally approved harvesting areas – An area shall be classified as conditionally approved when a sanitary survey, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that the area is subjected to intermittent microbiological pollution. The suitability of such an area for harvesting shellfish for direct marketing may be dependent upon attainment of established performance standards by wastewater treatment facilities discharging effluent directly or indirectly into the area. In other instances, the sanitary quality of the area may be affected by seasonal populations, climatic and/or hydrographic conditions, non-point source pollution, or sporadic use of a dock, marina, or harbor facility. Such areas shall be managed by an operating procedure that will assure that shellfish from the area are not harvested from waters not meeting approved area criteria. In order to develop effective operating procedures, these intermittent pollution events shall be predictable. Harvest from temporarily closed conditionally approved harvesting areas shall be unlawful.

(4) Restricted harvesting areas – An area shall be classified as restricted when a sanitary survey, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that fecal material, pathogenic microorganisms, radionuclides, harmful chemicals, and marine biotoxins are not present in dangerous concentrations after shellfish from such an area are subjected to a suitable and effective purification process. The bacteriological quality of every sampling station in those portions of the area most probably exposed to fecal contamination shall meet the following standard: The median or geometric mean fecal coliform MPN of water shall not exceed 88 per 100 ml and not more than 10 percent of the samples shall exceed a fecal coliform MPN of 260 per 100 ml (per 5-tube, 3-dilution test) or the median or geometric mean fecal coliform MF CFU of water shall not exceed 88 per 100 ml, and not more than 10 percent of the samples shall exceed a fecal coliform MF colony forming unit of 163 per 100 ml in those portions of the area most probably exposed to fecal contamination during the most unfavorable meteorological, hydrographic, seasonal, and point source pollution conditions. Harvest is permitted according to permit conditions specified in Rule 5L-1.009, F.A.C. Harvest from temporarily closed restricted areas shall be unlawful.

(5) Conditionally restricted harvesting areas – An area shall be classified as conditionally restricted when a sanitary survey or other monitoring program data, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that the area is subjected to intermittent microbiological pollution. The suitability of such an area for harvest of shellfish for relaying or depuration activities is dependent upon the attainment of established performance standards by wastewater treatment facilities discharging effluent, directly or indirectly, into the area. In other instances, the sanitary quality of such an area may be affected by seasonal population, non-point sources of pollution, or sporadic use of a dock, marina, or harbor facility, and these intermittent pollution events are predictable. Such areas shall be managed by an operating procedure that will assure that shellfish from the area are not harvested from waters not meeting restricted area criteria. Harvest is permitted according to permit conditions specified in Rule 5L-1.009, F.A.C. Harvest from temporarily closed conditionally restricted areas shall be unlawful.

(6) Prohibited harvesting areas – An area shall be classified as prohibited if a sanitary survey indicates that the area does not meet the approved, conditionally approved, restricted, or conditionally restricted classifications. Harvest of shellfish from prohibited areas shall be unlawful. The waters of all man-made canals, marinas and mooring areas are classified prohibited regardless of their location. The Shellfish Harvesting Area Water Classifications for Marinas and Mooring Areas (FDACS-P-02257, August 2025) containing the Department’s policy regarding marinas and mooring areas is hereby incorporated by reference and available online at https://flrules.org/gateway/reference.asp?No=Ref-18663, or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, Florida 32399.

(7) Unclassified area – An area for which no recent sanitary survey exists, and it has not been classified as any area described in subsection (2), (3), (4), (5), or (6), above. Harvest of shellfish from such areas shall be unlawful.

(8) The Department is authorized to open and temporarily close approved, conditionally approved, restricted, or conditionally restricted harvesting areas for harvesting of shellfish in emergencies as defined herein, in accordance with specific criteria established in operating procedures for predictively closing individual harvesting areas, or when harvesting areas do not meet the standards and guidelines established by the National Shellfish Sanitation Program.

(9) The possession of shellfish in closed areas is prohibited.

(a) This subsection shall not apply to harvesters operating vessels containing shellfish, tagged in accordance with Rule 5L-1.007, F.A.C., only if the vessel is proceeding in a continuous and direct route through a closed area to a vessel landing area and certified shellfish processing facility.

(b) This subsection shall not apply to aquaculture leaseholders or Authorized Users, or employees thereof, operating within the boundaries of an authorized aquaculture lease.

(10) Operating procedures for predictively closing each harvesting area shall be developed by the Department; local agencies, including those responsible for operation of sewerage systems, and the local shellfish industry may be consulted for technical information during operating procedure development. The predictive procedure shall be based on evaluation of potential sources of pollution which may affect the area and should establish performance standards, specify necessary safety devices and measures, and define inspection and check procedures.

(11) Shellfish harvesting area numbers are as follows:

AREA NUMBER

HARVESTING AREA NAME

0111

Big Lagoon Approved

0232

Pensacola Bay Conditionally Approved East Bay

0622

Choctawhatchee Bay Conditionally Approved Central Section

0632

Choctawhatchee Bay Conditionally Approved Eastern Section

0822

West Bay Conditionally Approved

1012

North Bay Conditionally Approved Western Section

1022

North Bay Conditionally Approved Eastern Section

1212

East Bay Conditionally Approved Section 1

1401

St. Joseph Bay Approved

1506

Indian Lagoon Conditionally Restricted Winter Nov – Feb

1512

Indian Lagoon Conditionally Approved Spring/Fall Mar – Jun, Oct

1542

Indian Lagoon Conditionally Approved Zone A Winter Nov – Feb

1552

Indian Lagoon Conditionally Approved Zone B Winter Nov – Feb

1601

Apalachicola Bay System Approved

1611

Apalachicola Bay System Approved

1612

Apalachicola Bay System Conditionally Approved

1622

Apalachicola Bay System Conditionally Approved

1632

Apalachicola Bay System Conditionally Approved

1642

Apalachicola Bay System Conditionally Approved

1652

Apalachicola Bay System Conditionally Approved May – Sept

1662

Apalachicola Bay System Conditionally Approved May – Sept

1672

Apalachicola Bay System Conditionally Approved

1801

Alligator Harbor Approved

2002

Ochlockonee Bay Conditionally Approved

2006

Ochlockonee Bay Conditionally Restricted

2206

Wakulla County Conditionally Restricted

2212

Wakulla County Conditionally Approved Zone 1

2222

Wakulla County Conditionally Approved Zone 2

2502

Horseshoe Beach Conditionally Approved Winter Oct – Mar

2802

Suwannee Sound Spring Summer Conditionally Approved Feb – May and Sept

2812

Suwannee Sound Spring Winter Conditionally Approved Oct – Jan

3001

Cedar Key Approved

3012

Cedar Key Conditionally Approved Zone A

3022

Cedar Key Conditionally Approved Zone B

3202

Waccasassa Bay Conditionally Approved

3402

Withlacoochee Bay Conditionally Approved

3701

Citrus County Approved Spring/Fall Mar – June and Oct

3702

Citrus County Conditionally Approved Winter Nov – Feb

4202

Boca Ciega Bay Conditionally Approved

4802

Lower Tampa Bay Conditionally Approved

5402

Sarasota Bay Conditionally Approved

5602

Lemon Bay Conditionally Approved

5802

Gasparilla Sound Conditionally Approved

6002

Myakka River Conditionally Approved

6212

Pine Island Sound Conditionally Approved Section 1

6222

Pine Island Sound Conditionally Approved Section 2

6232

Pine Island Sound Conditionally Approved Section 3

6602

Ten Thousand Islands Conditionally Approved

7001

Indian River/St. Lucie Approved

7006

Indian River/St. Lucie Restricted

7202

North Indian River Conditionally Approved

7412

Body F Conditionally Approved

7506

Body E Conditionally Restricted

7602

Body D Conditionally Approved

7712

Body C Conditionally Approved Zone 1 Spring/Summer/Fall Mar – Nov

7722

Body C Conditionally Approved Zone 2 Spring/Summer/Fall Mar – Nov

7732

Body C Conditionally Approved Winter Dec – Feb

7716

Body C Conditionally Restricted Winter Dec – Feb

7726

Body C Conditionally Restricted Spring/Summer/Fall Mar – Nov

7812

Body B Conditionally Approved

7902

South Banana River Conditionally Approved

8001

Body A Approved

8201

South Volusia Approved

8212

South Volusia Conditionally Approved Zone 1

8222

South Volusia Conditionally Approved Zone 2

8802

South St. Johns Conditionally Approved

9202

North St. Johns Conditionally Approved

9602

Duval County Conditionally Approved

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, 7-9-89, 12-23-91, Formerly 16R-7.004, Amended 7-3-95, 6-18-97, 7-1-97, 7-22-97, 10-12-97, 12-16-97, 12-28-97, 2-12-98, 2-25-98, 7-1-98, 7-20-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.004, Amended 6-19-00, 8-9-00, 10-14-01, 8-17-04, 9-28-04, 9-5-05, 6-11-06, 3-11-07, 10-2-07, 4-14-08, 7-28-08, 5-5-09, 6-18-09, 12-28-09, 2-9-11, 8-19-12, 3-23-17, 6-28-18, 9-5-19, 5-4-20, 3-31-21, 1-18-23, 9-7-26.

Fla. Admin. Code R. 5L-1.004 Production and Market Standards

(1) Shellfish offered for sale at the wholesale market level shall be deemed to be “adulterated” as defined in subsection 5L-1.002(1), F.A.C., and Section 500.10, F.S., and will be subject to rejection or seizure by the Department when it exceeds the following bacteriological criteria: fecal coliform density of more than 230 most probable number (MPN) per 100 grams; and a 35 ºC plate count of more than 500,000 per gram.

(2) Shucked and packed shellfish shall not contain more than 15% by volume of free liquor until the product reaches the consumer.

(3) No shucked shellfish shall be sold, offered for sale, processed, packed, or repacked after the “Sell By” date as defined in paragraph 5L-1.007(1)(a), F.A.C.

(4) No frozen shellfish products shall be thawed to be processed or sold as fresh shellfish products. Thawed frozen shellfish shall be labeled as “previously frozen” in accordance with Rule 5L-1.007, F.A.C.

(5) Shellfish having undergone a depuration process shall not be released for sale prior to laboratory analysis and approval by the facility supervisor or designated representative. Shellfish shall not be released if the geometric mean of three samples exceeds a fecal coliform MPN of 45 per 100 grams of sample, or if any sample’s fecal coliform MPN exceeds 100 per 100 grams of sample.

(6) The use of the elevated temperature coliform plate count is authorized for the bacteriological evaluation of hard clams, Mercenaria spp. only from a depuration facility.

(7) Should the Department suspect contamination of shellfish by metallic ions and compounds, pesticides, detergents, radionuclides, marine toxins, or any toxic substance or adulterant, the Department shall require that shellfish meat be analyzed for such contaminants before suspect shellfish are released for sale.

(8) Shellfish or shellfish products determined to be adulterated, or misbranded shall be subject to recall by the certified shellfish processing facility responsible for distribution of the products. For a first time offense, the Department will apply mitigation measures. Mitigation measures include on-the-spot correction and reconditioning. Reconditioning shall be a mitigation option only if the products will meet the safety standards of Rule 5L-1.004, F.A.C., and the labeling standards of Rule 5L-1.007, F.A.C. For repeat violations the Department shall issue an order to stop the sale or to condemn, and destroy, shellfish or shellfish containers found to be adulterated, misbranded, or found to be held in non-compliance with any of the provisions of this chapter. Stop sale, condemnation, or reconditioning of products or containers shall be based on individual conditions found during inspections.

History

• Rulemaking Authority 500.09, 597.020 FS. Law Implemented 500.10, 500.172, 597.020 FS. History–New 1-4-87, Amended 8-10-88, 7-9-89, Formerly 16R-7.006, Amended 7-3-95, 5-8-96, 2-6-97, Formerly 62R-7.006, Amended 8-9-00, 5-29-02, 3-23-17, 9-5-19, 9-7-26.

Fla. Admin. Code R. 5L-1.005 Shellfish Processing Facility Certification

(1) The following form is hereby adopted and incorporated by reference and may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, FL 32399 and available online as indicated:

Shellfish Processing Facility Certification Application (FDACS-15007, Revision 09/25), https://flrules.org/gateway/reference.asp?No=Ref-19252.

(2) A completed Shellfish Processing Facility Certification Application (FDACS-15007, Revision 09/25) must be submitted to the Department in order to obtain certification or recertification of a shellfish processing facility.

(3) Possession of a current Saltwater Wholesale Dealer License issued pursuant to Section 379.362, F.S., or an Aquaculture Certificate of Registration issued pursuant to Section 597.004, F.S., shall be required to obtain a shellfish processing facility certification. A copy of the license of certificate or registration shall be submitted with the Shellfish Processing Facility Certification Application (FDACS-15007, Revision 09/25).

(4) If the applicant’s water supply is not from a public water system, the applicant shall submit satisfactory bacteriological water analysis results for certification pursuant to this chapter. Satisfactory bacteriological water analysis results shall not equal or exceed two colony forming units (CFU) per 100 milliliters (ml) for total coliform bacteria on any consecutive samples, and shall not equal or exceed two CFU per 100 ml for fecal coliform or E. coli bacteria on any samples. Analysis shall be from the source water and an outlet location within the facility, and ice if any is used. The water shall be sampled and approved prior to use of the water supply, every six months while the water supply is in use, and immediately after the water supply has been repaired and disinfected. If the source is a public water system, only a sample from an outlet in the facility and ice, if used, is required prior to certification. The water sample shall be taken and acceptable results provided to the Department within 90 days prior to certification. A copy of the current acceptable water analysis shall be submitted with the Shellfish Processing Certification Application (FDACS-15007, Revision 09/25).

(5) A shellfish processing facility certification number will be assigned by the Department after a completed Shellfish Processing Facility Certification Application (FDACS-15007, Revision 09/25) is received. Failure to submit additional materials required for certification to the Department within 30 days following notice of the deficiency will result in denial of the application.

(6) Certification is granted only to applicants whose shellfish processing facility meets the following inspection requirements: the shellfish processing facility has no critical item deficiencies, has no more than two (2) key item deficiencies or has no more than three (3) other item deficiencies. However, if there are any key or other deficiencies cited the shellfish processing facility must comply with the corrective action plan that is given to the owner, facility supervisor or the designated representative at the end of the inspection. Following certification, the certified shellfish processing facility will be subject to unannounced inspections during periods of operation and at such frequency as necessary to assure that adequate operational and sanitary conditions are maintained.

(7) Renewal certification – A certified shellfish processing facility shall complete and submit a Shellfish Processing Facility Certification Application (FDACS-15007, Revision 09/25) for certification renewal annually. The certification year starts on July 1 and ends on June 30. The certification shall not be renewed for any facility until the certified shellfish processing facility has: no critical deficiencies; no more than two (2) key item deficiencies; and no more than three (3) other item deficiencies. Upon completion of the re-certification inspection where the applicant has met the requirements for certification, he/she will be given a corrective action plan by the Department if there are any key or other deficiencies cited. The certified shellfish processing facility must comply with the corrective action plan that is given to the owner, facility supervisor or the designated representative at the end of the inspection.

(8) The owner, facility superivisor, or designated representative must ensure that all employees who receive, handle, and process shellfish obtain training according to Tile 21 C.F.R., Part 117, revised as of April 1, 2025 within 30 days of their initial hiring. Proof of training for all employees shall be maintained at the certified shellfish processing facility and provided to the Department upon request.

(9) The Shellfish Processing Facility Certification will be issued to a specific location. The legal entity will be the applicant at that specific location as listed on the Shellfish Processing Facility Certification.

(10) One Shellfish Processing Facility Certificate shall be issued to a shellfish processing facility operating at a single location.

(a) A person or business operating more than one shellfish processing facility may obtain multiple shellfish processing facility certifications, but only one per location. Each certified shellfish processing facility must be maintained as a separate legal entity with clear traceability of shellfish product.

(b) Multiple persons or businesses may be certified at the same location as long as each certified shellfish processing facility has a unique certification number and is maintained as a separate legal entity with clear traceability of shellfish product.

(11) In the event that a certified shellfish processing facility changes its name, changes owners, changes location, changes address, or changes classifications, a new Shellfish Processing Facility Certification Application (FDACS-15007, Revision 09/25) must be completed and submitted to the Department. The shellfish processing facility will be required to go through the complete certification process.

(12) Possession of a mechanical refrigeration unit that is non-portable and is able to maintain an ambient temperature of 45ºF or less and be of sufficient size to handle one day’s production, shall be required for certification under this chapter.

(13) Each applicant shall have conducted a hazard analysis to determine the critical control points for any food safety hazards that are reasonably likely to occur for shellfish products produced at the location listed on the Shellfish Processing Facility Certification Application (FDACS-15007, Revision 09/25). Each certified shellfish processing facility shall have someone with HACCP training, knowledge or experience to develop a HACCP plan, reassess and modify the HACCP plan and perform the records review. Each certified shellfish processing facility shall have a written HACCP plan on premises. The HACCP plan shall incorporate critical control points that will eliminate, prevent, or reduce to an acceptable level the hazards identified in the hazard analysis. Critical control points shall have established critical limits for parameters to ensure when exceeded, corrective actions are taken. The HACCP plan shall include the procedures, and frequency that will be used to monitor each of the critical control points to ensure compliance with the critical limits. The HACCP plan shall provide for a recordkeeping system that documents the monitoring of the critical control points. The records shall contain the actual values and observations obtained during monitoring. The plan shall be signed and dated by the owner, facility supervisor, or designated representative at the time of its implementation, and after any modification. Each certified shellfish processing facility shall develop or adopt sanitation monitoring records to meet the requirements in subsection 5L-1.013(17), F.A.C.

(14) The owner, facility supervisor, or designated representative of a certified shellfish processing facility shall verify that the HACCP plan is adequate to control food safety hazards that are reasonably likely to occur, and that the plan is being effectively implemented. Verification shall include at a minimum:

(a) Reassessment of the HACCP plan on an annual basis, or when shellfish processing changes occur that could affect the hazard analysis; and,

(b) Ongoing verification including a review of any consumer complaints. The certified shellfish processing facility shall determine whether the complaints relate to the performance of critical control points or reveal the existence of unidentified critical control points, or the calibration of process-monitoring instruments.

(15) All certified shellfish processing facilities that commercially engage in purchasing shellfish from harvesters, shucking, packing, repacking or transporting shellfish are subject to inspection, pursuant to Section 570.15, F.S., and shall allow inspection by the Department during normal operating hours and any time there are shellfish processing activities occuring, in order to determine compliance with sections of this rule. Denial of access for such inspection will result in agency administrative action up to and including immediate suspension of the shellfish processing facility certification.

(16) It is unlawful for persons to commercially engage in purchasing from harvesters, shucking, packing, or repacking shellfish without having complied with these rules and applied for and obtained a shellfish processing facility certification from the Department.

(17) Upon certification of a shellfish processing facility, the Department shall notify the U.S. Food and Drug Administration of the certified shellfish processing facility’s business name and certification number to be published in the FDA website Interstate Certified Shellfish Shippers List: https://www.fda.gov/food/federal-state-local-tribal-and-territorial-cooperative-human-food-programs/interstate-certified-shellfish-shippers-list.

(18) The Shellfish Processing Facility Certificate shall be posted in a conspicuous location on the premises.

(19) No person shall attempt, by means of any threat or violence, to deter or prevent an employee of the Department from performing any duties imposed by law.

(20) All certified shellfish processing facilities shall maintain on the premises a current copy of Chapter 5L-1, F.A.C., entitled The Comprehensive Shellfish Control Code and a current copy of the NSSP Model Ordinance as incorporated by reference in Rule 5L-1.001, F.A.C.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.007, Amended 7-3-95, 5-8-96, 2-6-97, 6-23-99, Formerly 62R-7.007, Amended 8-9-00, 5-29-02, 3-23-17, 5-7-19, Technical Change 8-14-25, Amended 9-7-26.

Fla. Admin. Code R. 5L-1.006 Compliance and Penalties

(1) The Department shall initiate enforcement action as follows:

(a) The Department shall inspect all certified shellfish processing facilities as necessary. The deficiency(ies) cited in an inspection report shall be documented regardless of the type of inspection being conducted.

(b) At the completion of an inspection, if a deficiency is cited the Department will provide a corrective action plan. Lack of cooperation from the owner, facility supervisor or the designated representative will not affect the validity of the corrective action plan or requirement that the plan be implemented. The owner, facility supervisor, and the designated representative shall ensure that the certified shellfish processing facility is in full compliance with the corrective action plan. The owner, facility supervisor, or the designated representative’s failure to comply with the corrective action plan will lead to administrative actions, suspension, and/or revocation of the Shellfish Processing Facility Certification.

(c) If, upon inspection, the Department cites the certified shellfish processing facility for a critical, key, or other deficiency(ies), the following schedule will be used by the Department with respect to the administrative actions to be taken:

Critical deficiency(ies)

When one or more critical deficiency(ies) is cited a warning letter will be issued to the certified shellfish processing facility. The deficiency must be corrected immediately. If the deficiency cannot be corrected immediately, the shellfish processing facility certification to operate will be suspended due to the presence of a public health threat. If the certification to operate is suspended, it will remain suspended until corrections are made and verified by the Department. Product affected by the critical deficiency will be controlled to prevent contaminated or adulterated product from reaching consumers. When necessary, the Department shall detain or seize any product that may have been adulterated, initiate a recall of any distributed product and notify necessary officials of a recall.

In addition to these actions the sanction to be imposed on the certified shellfish processing facility upon the finding of any deficiency(ies), as defined in Rule 5L-1.002, F.A.C., will be as follows:

Offense

Critical

Key

Other

1st

Operations or certification suspended until corrected and a warning letter issued

Correct deficiency pursuant to date on corrective action plan

Correct deficiency pursuant to date on corrective action plan

1st Repeat within proceeding 180 days

Operations or certification suspended until corrected and fine of $500 per violation

Correct deficiency pursuant to date on corrective action plan and fine of $100 per violation

Correct deficiency pursuant to date on corrective action plan and fine of $50 per violation

2nd Repeat within proceeding 180 days

Operations or certification suspended until corrected and fine of $1,000 per violation

Correct deficiency pursuant to date on corrective action plan and fine of $200 per violation

Correct deficiency pursuant to date on corrective action plan and fine of $100 per violation

3rd Repeat within proceeding 180 days

Fine of $1,000 per violation and 7-day suspension of certification or until corrected, whichever is later

Correct deficiency pursuant to date on corrective action plan and fine of $500 per violation and 7-day suspension of certification

Correct deficiency pursuant to date on corrective action plan and fine of $200 per violation

4th or Subsequent Repeat within proceeding 180 days

Fine of $1,000 per violation and 14-day suspension of certification

Correct deficiency pursuant to date on corrective action plan and fine of $1,000 per violation and 14-day suspension of certification

Correct deficiency pursuant to date on corrective action plan and fine of $400 per violation

(d) A warning letter will be sent to the certified shellfish processing facility when the establishment has:

1. One or more critical item deficiencies cited in violation of Chapter 5L-1, F.A.C., or

2. More than two key item deficiencies cited in violation of Chapter 5L-1, F.A.C., or

3. Five or more item deficiencies of any type cited in violation of Chapter 5L-1, F.A.C.

(e) Violations Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to, encompass all possible violations of statute or Department rule by a certified shellfish processing facility that may adversely affect public health, safety, or welfare or that creates a significant threat of such harm. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in Chapter 5L-1, F.A.C., the penalty will be determined by consideration of:

1. The closest analogous violation, if any, that is listed in this rule; and

2. The mitigating or aggravating factors listed in this rule.

(f) Willful violations shall result in the imposition of an administrative fine of $1,000 per violation, the suspension of shellfish processing facility certification, revocation of shellfish processing facility certification, or any combination thereof. The following shall constitute a willful violation by the certified shellfish processing facility:

1. The falsification of any records, tags or labels required under this chapter or Chapter 5L-3, F.A.C.

2. The sale or distribution, or offering for sale or distribution, of any shellstock under recall order pursuant to subsection 5L-1.004(8), F.A.C.

3. Introducing adulterated or misbranded shellfish products into commerce.

4. The failure to oversee the receiving of shellstock from harvesters.

5. Deterring or preventing an employee of the Department from performing any duties authorized by law.

(g) A renewal of a shellfish processing facility’s certification will not be made if there are any unpaid fines with respect to prior certification periods.

(2) The Department shall suspend the shellfish processing facility’s certification if it is determined that there is an immediate serious danger to the public health, safety, or welfare requiring such emergency action. The Department shall, at the time the emergency action is taken, initiate proceedings as provided in Section 120.60, F.S.

(3) Upon suspension or revocation of the facility’s shellfish processing certification, the facility’s business name and certification number will be removed from the Interstate Certified Shellfish Shippers List. Upon reinstatement of the certification, the facility’s business name and certification number will be reinstated on the Interstate Certified Shellfish Shippers List.

(4) When the Department finds, or has reason to believe, that any equipment which is located at a certified shellfish processing facility is in violation of this chapter so as to be dangerous or unsanitary the Department may issue and enforce a stop-sale, stop-use, removal, or hold order, which order gives notice that such equipment is, or is suspected of being, in violation and has been detained or embargoed and which order warns all persons not to remove, use, or dispose of such equipment by sale or otherwise until permission for removal, use, or disposal is given by the Department or the court. It is unlawful for any person to remove, use, or dispose of such detained or embargoed equipment by sale or otherwise without such permission.

(5) Aggravating and Mitigating Factors. The Department will consider aggravating and mitigating factors in determining penalties for violations of this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. The violation caused, or has the potential to cause, harm to the public.

2. The violation endangered the public safety or welfare.

3. Previous violations for the same or a similar offense that resulted in enforcement action, including civil warning letters, notices of noncompliance or administrative complaints or any criminal action taken by law enforement agencies.

4. The certified shellfish processing facility impeded, or otherwise failed to cooperate with, the Department’s inspection and/or investigation.

5. The number and severity of other violations documented in the same proceeding.

6. The benefit to the certified shellfish processing facility.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation.

2. Whether actions of another party prevented the certified shellfish processing facility from complying with the applicable laws or rules.

3. Acts of God or nature that impaired the ability of the certified shellfish processing facility to comply with this rule chapter.

4. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

5. The inspection history of the certified shellfish processing facility has no documented violations in the last 2 years.

History

• Rulemaking Authority 500.09, 597.020 FS. Law Implemented 500.09, 597.020 FS. History–New 1-4-87, Amended 8-10-88, 7-9-89, Formerly 16R-7.009, Amended 7-3-95, 2-6-97, Formerly 62R-7.009, Amended 8-9-00, 5-29-02, 3-23-17, 1-18-23, 9-7-26.

Fla. Admin. Code R. 5L-1.007 Container Identification; Prohibitions

(1) Shucked shellfish container – The shucker-packer’s or repacker’s shellfish processing facility certification number preceded by the state abbreviation must be embossed, imprinted, lithographed, or otherwise permanently and legibly recorded on the external body of containers or on the lid if the lid becomes an integral part of the container during the sealing process (Example: FL-872-SP). Containers shall permanently indicate type of product, quantity, and name and address of shucker-packer, repacker, or distributor.

(a) Each container of fresh, fresh frozen, or previously frozen shellfish, with a capacity of less than 64 ounces, shall clearly and permanently display the words “Sell By” followed by the date when the certified shellfish processing facility determines the product will reach the end of its shelf life. The date shall consist of the numerical month, and day. For fresh frozen or previously frozen shellfish, the last digit of the year shall be added to the date.

(b) Each container of fresh, fresh frozen, or previously frozen shellfish with a capacity of 64 ounces or more, shall clearly and permanently display “Date Shucked” followed by the shuck date. The date shall consist of the numerical month, day, and year.

(c) Bulk storage containers shall be identified with state of origin, harvest date, and shuck date.

(d) Previously frozen shucked shellfish shall also be labeled “previously frozen” and display the freeze date and the thaw date by numerical month, day, and year.

(e) Repacked shellfish containers shall also bear an appropriate code identifying the original shucker-packer. For restricted use shellstock, the shucked shellfish container may be identified with the language “FOR POST HARVEST PROCESSING ONLY”.

(f) Containers of shucked shellfish will display the following statements, “Consumer information: There is a risk associated with consuming raw shellfish. If you have chronic illness of the liver, stomach or blood or have immune disorders, you are at greater risk of serious illness from raw shellfish and should eat shellfish fully cooked. If unsure of your risk, consult a physician.” and “Keep Refrigerated.”

(2) Shellstock containers. Each commercial harvester or each certified shellfish processing facility shall affix a durable, waterproof tag of minimal size – 2 5/8 by 5 1/4 inches – to each container of shellstock; for commercial harvesters this shall be done prior to leaving the harvest location, regardless of capacity of container; for certified shellfish processing facilities this shall be done after final packing. The harvester’s tag must be removed from each container and replaced with a certified shellfish processing facility’s tag prior to being shipped. The removed harvester’s tag must be kept in the certified shellfish processing facility’s file for 90 days. In the case where a certified shellfish processing facility is also the harvester, that certified shellfish processing facility’s tag may also be used as the harvester’s tag. In these cases, the certified shellfish processing facility must ensure all harvester’s tag information is included on the tag.

(3) The commercial harvester’s tags shall be white in color except as required in paragraph 5L-1.007(3)(i), F.A.C. Before leaving the specific shellfish harvesting area from which the product was harvested, commercial harvester’s tags shall be attached and contain legible waterproof indelible information required by paragraphs 5L-1.007(3)(a)-(i), F.A.C., arranged in the specific order as follows:

(a) The harvester’s Saltwater Product License number or Aquaculture Certificate of Registration number;

(b) The date of harvest;

(c) The time of harvest (recorded as the time when the first shellfish is removed from the water for that specific bag or container);

(d) The time of refrigeration, if applicable;

(e) The identification of the harvesting area using the four digit area number or name of the harvesting area listed in subsection 5L-1.003(11), F.A.C., as well as the most precise identification within that area as practicable. Aquaculture product must also include the aquaculture lease or parcel number;

(f) Common name of shellfish and quantity of shellfish;

(g) The following statement in bold capitalized type “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS.”

(h) The identification of the cooling option if used, including onboard cooling option (subsection 5L-1.008(11), F.A.C.), or rapid cooling option (subsection 5L-1.008(12), F.A.C.) for oysters harvested during the months of April through October.

(i) If shellstock does not comply with the requirements in subsection 5L-1.008(9), (11) or (12), F.A.C., the commercial oyster harvester tag shall be identified with the preprinted language “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY” in bold, 14-point font and the tag shall be green in color. Containers of oysters shall not be tagged with both a green tag and a white tag at any time.

(4) Bulk tagging by harvesters is allowed only for aquaculturists operating with an Aquaculture Certificate of Registration. A bulk tag, shall contain the information required in paragraphs 5L-1.007(3)(a)-(h), F.A.C., along with:

(a) The name of the certified shellfish processing facility in which the product is consigned;

(b) The statement “All shellfish containers in this lot have the same date and area of harvest”; and,

(c) The number of units in the lot container.

(5) The certified shellfish processing facility’s tag shall contain legible, waterproof, indelible information arranged in the specific order as follows:

(a) The shellstock shipper, shucker-packer, repacker, depurator, or distributors name, address, shellfish processing facility certification number;

(b) The certified shellfish processing facility’s Saltwater Wholesale Dealer License number (WD#) or Aquaculture Certificate of Registration number (AQ#);

(c) The original shipper’s shellfish processing facility certification number including the state abbreviation;

(d) The date of harvest;

(e) The identification of the harvesting area, and for Florida harvesting areas the four digit code or name of the harvesting area listed in subsection 5L-1.003(11), F.A.C.;

(f) The common name of shellfish and quantity of shellfish;

(g) All oyster shellstock tags must clearly and permanently display the words “Sell By” followed by a date when the certified shellfish processing facility determines the product will reach the end of its shelf life. The “Sell By” date shall consist of the numerical month, day, and year; and,

(h) The following statements in bold capitalized type “This tag is required to be attached until container is empty and thereafter kept on file in chronological order for 90 days” and “Retailer: date when the last shellfish from this container sold or served”.

(i) The following statements: “Consumer information: There is a risk associated with consuming raw shellfish. If you have chronic illness of the liver, stomach or blood or have immune disorders, you are at greater risk of serious illness from raw shellfish and should eat shellfish fully cooked. If unsure of your risk, consult a physician.” and “Keep Refrigerated.”

(j) If shellstock does not comply with the requirements in subsection 5L-1.008(9), (11) or (12), F.A.C., the shellstock shall be identified as restricted use shellstock with the preprinted language “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY” in bold, 14-point font and the tag shall be green in color.

(k) For depuration shellstock, paragraphs (5)(a), (b), (e), (f), (g) and (h), above, are required as well as the date of depuration processing, and the depuration cycle or lot number.

(l) For shellstock wet stored, paragraphs (5)(a) through (i), above, as well as the following statement: “This product was wet stored on or at (lease number or certified shellfish processing facility certification number) from (date) to (date).”

(6) Bulk tagging by a certified shellfish processing facility while washing, packing, during depuration, wet storing, staging and intrastate transport of shellfish, is permissible up to final packaging only when the lot container (i.e., pallet), contains shellfish which are harvested on the same day, from the same harvesting area. A bulk certified shellfish processing facility tag shall contain the information required in paragraphs 5L-1.007(5)(a)-(g), F.A.C.; along with:

(a) The statement “All shellfish containers in this lot have the same date and area of harvest”;

(b) The number of units in the lot container; and,

(c) The following statement in bold capitalized type “This tag is required to be attached until container is empty and thereafter kept on file for 90 days.”

(7) Shellfish identification, out-of-state – No shellfish from sources outside of Florida shall be brought into the state for purpose of resale or public distribution unless the product bears evidence of certification from the state or nation of origin and certification is based on requirements similar to those outlined in this chapter.

(8) In addition to the identification and labeling requirements of subsections (1) and (2), containers of fresh, frozen, previously frozen or repacked shellfish or containers of shellstock must indicate the state of origin of the shellfish, e.g., LA, MS, TX. For shellstock this requirement can be by paragraphs (5)(a) and (b), above.

(9) It shall be unlawful for any person, firm, corporation, wholesale or retailer to sell or offer for sale any fresh, frozen, or previously frozen shellfish not in compliance with any and all requirements of Chapter 5L-1, F.A.C.

(10) Whoever knowingly or willfully alters or damages in any manner, or loans or transfers to another person any certification number or shellfish tags, or any person who uses the certification number or shellfish tags, other than the person to whom they were issued, shall be in violation of this section and shall be subject to certification suspension or revocation in addition to any other penalty for violation of Chapter 5L-1, F.A.C.

History

• Rulemaking Authority 379.2522, 597.020 FS. Law Implemented 379.2522, 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 8-30-89, 5-6-93, 9-14-93, 8-21-94, Formerly 16R-7.010, Amended 9-1-95, 5-8-96, 2-6-97, 10-12-97, 2-12-98, 2-25-98, 7-1-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.010, Amended 6-19-00, 8-9-00, 10-14-01, 5-29-02, 8-17-04, 9-28-04, 7-28-08, 7-29-08, 4-26-10, 8-31-11, 3-23-17, 5-7-19, 1-18-23, 9-7-26.

Fla. Admin. Code R. 5L-1.008 Shellfish Handling

(1) Wet storage shall be conducted upon execution of an agreement between a person, firm, or corporation possessing a shellfish processing facility certificate and the Department. Each agreement shall include the following provisions:

(a) The coordinates in Latitude and Longitude where the wet storage facility is to be located.

(b) A description of all facilities and equipment to be used to wet-store shellfish.

(c) A listing of the species to be wet-stored.

(d) If the wet storage facility is to be located upon or in waters of the state, the facility shall be marked and lighted so as not to be a hazard to navigation.

(e) If the wet storage facility is to be located on or in waters of the state, and is to be a manned structure, it shall be equipped with a U.S. Coast Guard approved Type III marine sanitation device; this device shall be maintained in working order and be used by all personnel for disposal of bodily wastes.

(f) All solid wastes shall be removed from the wet storage facility daily and disposed of in a shore-based receptacle.

(g) No anti-fouling paints or finishes shall be used on any portion of the wet storage facility.

(h) No shellfish shall be removed from a wet storage facility when the shellfish harvesting area in which such shellfish are stored is closed pursuant to Rule 5L-1.003, F.A.C., or because of emergency conditions as defined by Rule 5L-1.002, F.A.C.

(i) Should maintenance of the wet storage facility require that the facility be relocated, written notification shall be provided to the Department, by certified mail, a minimum of 10 working days prior to such relocation. All shellfish shall be removed from the wet storage facility prior to relocation.

(j) If wet storage is to be practiced using a shore-based certified shellfish processing facility, the applicable provisions of Rules 5L-1.002, 5L-1.010, 5L-1.011, 5L-1.012, 5L-1.013, 5L-1.015, and subsection 5L-1.017(2), F.A.C., shall apply. All shore-based wet storage facilities shall employ ultraviolet light treatment of all incoming and recirculated seawater. All water quality measurements required by subsection 5L-1.017(2), F.A.C., shall be documented and such data retained for inspection by the Department for a minimum of one year. Paragraphs 5L-1.008(1)(a), (b), (d), (e), (f), (h) and (i), F.A.C., shall not apply to a shore-based wet storage facility.

(k) The agreement shall be valid for no more than 1 year from the date it is signed by the Department.

(2) Boats and vehicles – Boats and vehicles used in harvesting or transporting shellfish shall be constructed, operated, and maintained, so as to protect the shellfish from contamination. Fuel tanks or other sources of contamination shall not be permitted to come into contact with shellfish. All boats used for commercial harvesting and handling shellfish shall be designed in such a way to prevent shellfish from coming in contact with any bilge water. No dogs or other animals or pets shall be allowed at any time on vessels or vehicles used to harvest or transport shellfish. No bodily wastes shall be discharged overboard from a harvest vessel. Shellstock harvested with commercial intent shall be protected by effective shading on harvest boats and vehicles to protect shellstock from exposure to sun, birds, and other adverse conditions. Shellfish shall be held under conditions which allows air circulation and promotes evaporative cooling.

(3) Boats engaged in harvesting or transporting shellfish shall have on board an approved Type III marine sanitation device, portable toilet or other sewage disposal receptacle. Portable toilets shall:

(a) Be constructed of high quality plastic that is durable, easy to clean and will not spill;

(b) Be used only for the purpose intended;

(c) Be secured while on board the vessel and located to prevent contamination of shellstock by spillage or leakage;

(d) Be emptied only into an appropriate sewage disposal system;

(e) Be cleaned before being returned to the boat; and,

(f) Not be cleaned with equipment used for washing or processing food.

(4) Use of other receptacles for sewage disposal are approved if the receptacles are constructed of impervious, cleanable materials, have tight fitting lids, and meet the requirements of paragraphs 5L-1.008(3)(a)-(e), F.A.C.

(5) Resubmerging or Replanting.

(a) Aquacultured shellfish are the only shellfish allowed to be replanted/resubmerged.

(b) Leaseholders must maintain an oyster replant log of all replant/resubmerged activities including:

1. Date of initial removal from water at lease site;

2. Lease number;

3. Date of replant;

4. Replant lease number;

5. Replant location on lease; and,

6. Replant quantity.

(c) Leaseholders must provide access to records upon request by the Department.

(d) All replanted/resumberged shellfish must be segregated from other shellfish and clearly identified on the lease.

(e) Replanted/resumberged aquaculture oysters larger than 25 millimeters (1 inch) that are removed from the water during the course of routine oyster husbandry practices for more than 4 hours during April through October must be returned to the lease and submerged on an aquaculture lease for a minimum of 14 days before they can be harvested and sold to a certified shellfish processing facility. Routine oyster husbandry practices include the use of suspended grow out containers that maybe unsubmerged during natural tidal cycles.

(6) Remote buying is prohibited unless a certified shellfish processing facility has written authorization from the Department to implement a remote buying plan for product purchased from a harvester.

(a) Remote buying will only be permissible for aquacultured shellfish delivered by a harvester on the day of harvest.

(b) Certified shellfish processing facilities planning to receive shellfish products from harvesters at a location other than their certified shellfish processing facility must submit a written remote buying plan that includes the following:

1. Onshore location where remote buying will occur.

2. List of harvesters, with their AQ Certificate number, who may deliver product to that remote location.

3. Description of transportation plan from remote location to certified shellfish processing facility, including segregation of product from different harvest areas.

4. Frequency of planned remote buying operations, and method for informing the Division of scheduled remote buying occurrences.

(c) Certified shellfish processing facilities implementing a remote buying plan must maintain remote buying records that include the following:

1. Date of Transfer

2. Harvester identification (AQ Cert #)

3. Harvester name and initials

4. Harvest date and area

5. Quantity and type of product

6. Receipt time at remote location

7. Receipt temperature of product at remote location, and

8. Name of designated representative taking possession

(d) Remote buying records must be available for inspection at the remote buying location and during transport of shellfish product purchased at a remote location. Upon delivery to the certified shellfish processing facility the records must be maintained at the certified shellfish processing facility and available for inspection for a minimum of 1 year.

(e) Certified shellfish processing facilities proposing a remote buying plan must demonstrate to the Department that their transportation plan will prevent adulteration or commingling of shellfish products. This demonstration will include on-site observation of proposed methods by a Department inspector.

(f) This authorization will be valid until the end of the current certification period. To renew a remote buying authorization, the shellfish processor must resubmit their remote buying plan.

(g) Certified shellfish processing facilities that are cited for deficiencies in implementing their authorized remote buying plan more than twice within a 6-month period will have their authorization to implement a remote buying plan suspended for 6 months. They will need to resubmit a remote buying plan for evaluation before implementation after that period.

(7) A commercial harvester may not harvest, attempt to harvest, possess in or on Florida waters or sell a wild shellfish unless they are harvesting pursuant to a valid Saltwater Products License with a shellfish endorsement, or Apalachicola Bay oyster harvesting license, issued by the Florida Fish and Wildlife Conservation Commission.

(8) An aquaculture leaseholder or authorized user, or employees thereof, may not operate on an aquaculture lease, or possess or sell aquacultured shellfish unless in possession of a valid Aquaculture Certificate of Registration, or a copy of the certificate.

(9) Throughout the year, shellfish shall be harvested between sunrise and sunset as established by the National Weather Service. All shellfish shall be delivered, same day of harvest, by the harvester directly to a certified shellfish processing facility. A certified shellfish processing facility which has met the requirements of subsection 5L-1.008(6), F.A.C., and is authorized for remote buying of shellfish from harvesters may take possession of shellfish at their authorized remote buying location. Authorization for remote buying does not provide exemption from any other harvest time or temperature requirements.

(a) Clams:

1. During the months of November, December, January, February, and March, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control by 10:00 p.m. of the same day as harvest.

2. During the months of April, May, and October, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control within twelve (12) hours of the time of harvest, or within the same day as harvest, whichever is earlier.

3. During the months of June, July, August, and September, all clams harvested shall be delivered to a certified shellfish processing facility and placed under temperature control within ten (10) hours of the time of harvest, or within the same day as harvest, whichever is earlier.

4. Tempering, as an alternative process, shall consist of those methods which have demonstrated through verification studies that the process renders hard clams which are as safe as hard clams meeting subparagraphs 5L-1.008(9)(a)1.-3., F.A.C. Prior to initiating tempering a certified shellfish processing facility shall have written approval from the Department. The certified shellfish processing facility must provide the following:

a. A description of all facilities, equipment and methods to be used in the alternative process. This process must be included in the certified shellfish processing facility’s HACCP plan.

b. The source of hard clams and the maximum capacity of hard clams to undergo the process at any one time.

c. The process to be followed shall not exceed 16 hours total time between hard clam harvest and refrigeration at 45ºF or less. Product harvest, processing, tempering and food storage at 45ºF or less must be scheduled to occur as a continuous procedure.

d. Upon initiation, the tempering process must have temperature control of 68oF or less and be maintained until hard clams are placed into refrigeration of 45ºF or less.

(b) Oysters:

1. Non-Vibrio Control months include November, December, January, February and March.

2. Vibrio Control months include April, May, June, July, August, September and October.

3. During the months of November, December, January, February, and March, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 5:00 p.m. of the same day as harvest.

4. During the month of April, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 11:00 a.m. of the same day of harvest unless the harvester is identified in the certified shellfish processing facility’s HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(11), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(12), F.A.C.

5. During the months of May, June, July, August, and September, all oysters harvested shall be tagged as “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY” and delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 4:00 p.m. of the same day of harvest unless the harvester is identified in the certified shellfish processing facility’s HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(11), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(12), F.A.C.

6. During the month of October, all oysters harvested shall be delivered to a certified shellfish processing facility and placed under mechanical refrigeration by 11:00 a.m. unless the harvester is identified in the certified shellfish processing facility’s HACCP plan for the onboard cooling option detailed in subsection 5L-1.008(11), F.A.C., or the certified shellfish processing facility is authorized for the rapid cooling option detailed in subsection 5L-1.008(12), F.A.C.

(10) Once received by a certified shellfish processing facility, the shellstock lot shall be immediately processed and placed under temperature control and until sale to final consumer, the shellstock shall be maintained at an environmental temperature of 45ºF or less and not be permitted to remain outside of temperature control for more than two (2) hours cumulative at points of transfer within the certified shellfish processing facility such as loading docks or in the certified shellfish processing facility during processing except for the process described in subparagraph 5L-1.008(9)(a)4., F.A.C. All certified shellfish processing facilities handling oysters must have a cooling system capable of reducing the internal temperature of shellstock oysters to 55ºF or less within eight (8) hours.

(11) Onboard Cooling Option – Onboard cooling equipment includes systems using ice, mechanical refrigeration, or vacuum cooling. If a commercial oyster harvester is using onboard cooling, the maximum time oysters can remain outside the cooling system is one hour from time of harvest and the onboard cooling system shall be capable of reducing the internal temperature of oysters to 55ºF or less and maintaining at 55ºF or less until delivery to the certified shellfish processing facility. Commercial Harvesters must maintain an onboard time and temperature record documenting time of harvest, time oysters are placed under refrigeration, and time that oysters reach 55ºF or less.

(a) Commercial harvesters using onboard cooling systems must deliver the oysters to a certified shellfish processing facility and oysters must be placed under mechanical refrigeration by the certified shellfish processing facility no later than 3:00 p.m. of the harvest day. Oysters must be at 55oF or less at time of delivery.

(b) Certified shellfish processing facilities electing to purchase oysters from harvesters using onboard cooling systems must document in their HACCP plan that the cooling rates onboard a vessel and in the certified shellfish processing facility’s cooling system provide a safety level equivalent to product meeting paragraph 5L-1.008(9)(b), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(5), F.A.C. Certified shellfish processing facilities electing to purchase oysters from harvesters using such onboard cooling systems must list the harvester name, harvester license number, the maximum time oysters can be unrefrigerated onboard a vessel, and the total number of hours required to reduce the internal temperature of oysters to 55ºF or less in their HACCP plan. Prior to implementing the HACCP plan, the certified shellfish processing facility must have written approval from the Department.

(c) Harvesters proposing an onboard cooling option must contact and demonstrate to the Department that the system is capable of meeting time and temperature requirements of the State’s Vibrio vulnificus Control Plan and must have written approval from the Department prior to implementation.

(d) Harvested oysters failing to meet the time and temperature requirements of this subsection shall be retagged by the certified shellfish processing facility as “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY.”

(12) Rapid Cooling Option – Rapid cooling equipment includes systems using ice, mechanical refrigeration, or vacuum cooling. If a certified shellfish processing facility elects to rapidly cool oysters:

(a) During the month of April certified shellfish processing facilities must place all harvested oysters under mechanical refrigeration no later than 1:00 p.m. and cooled down to 55ºF or less no later than 3:00 p.m. of the harvest day.

(b) During the months of May, June, July, August, and September certified shellfish processing facilities must place all harvested oysters under mechanical refrigeration no later than 11:00 a.m. and cooled down to 55ºF or less no later than 1:00 p.m. of the harvest day.

(c) During the month of October certified shellfish processing facilities must place all harvested oysters under mechanical refrigeration no later than 1:00 p.m. and cooled down to 55ºF or less no later than 3:00 p.m. of the harvest day.

(d) Certified shellfish processing facilities must develop and demonstrate in their HACCP plan that the cooling rates in combination with extended harvest times assure a safety level equivalent to product meeting paragraph 5L-1.008(9)(b), F.A.C., in order to be labeled in compliance with subsection 5L-1.007(5), F.A.C. Certified shellfish processing facilities electing this option, must list the maximum time oysters can be unrefrigerated onboard vessel and the total number of hours required to reduce the internal temperature of oysters to 55ºF or less in their HACCP plan. Prior to implementing the HACCP plan the certified shellfish processing facility must have written approval from the Department.

(e) Harvested oysters failing to meet the time and temperature requirements of this subsection shall be retagged by the certified shellfish processing facility as “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY.” Certified shellfish processing facilities failing to meet the rapid cool criteria more than two times during the Vibrio control months of April through October shall lose the rapid cool option for the remaining Vibrio control months of that year. The certified shellfish processing facility shall only process oysters for restricted use only (green tag) during the remaining Vibrio control months.

(f) During the months of April through October all harvested oysters tagged as “FOR SHUCKING ONLY BY A CERTIFIED FACILITY” or “FOR POST HARVEST PROCESSING ONLY” shall be delivered to a certified shellfish processing facility by 4:00 p.m. of the harvest day.

(13) Handling Time/Temperature table summary:

Oysters

(Times are when oysters must be placed in cooler at a certified shellfish processing facility)

Clams

Traditional Cooling

Rapid Cooling

Onboard Cooling

Restricted Use Only

(green tag)

Delivery to certified shellfish processing facility

(same day of harvest)

November

5:00 p.m.

Non-Vibrio Control Month

Non-Vibrio Control Month

Non-Vibrio Control Month

10:00 p.m.

December

5:00 p.m.

Non-Vibrio Control Month

Non-Vibrio Control Month

Non-Vibrio Control Month

10:00 p.m.

January

5:00 p.m.

Non-Vibrio Control Month

Non-Vibrio Control Month

Non-Vibrio Control Month

10:00 p.m.

February

5:00 p.m.

Non-Vibrio Control Month

Non-Vibrio Control Month

Non-Vibrio Control Month

10:00 p.m.

March

5:00 p.m.

Non-Vibrio Control Month

Non-Vibrio Control Month

Non-Vibrio Control Month

10:00 p.m.

April

11:00 a.m.

1:00 p.m.

3:00 p.m.

4:00 p.m.

12 Hours

May

Not permitted

11:00 a.m.

3:00 p.m.

4:00 p.m.

12 Hours

June

Not permitted

11:00 a.m.

3:00 p.m.

4:00 p.m.

10 Hours

July

Not permitted

11:00 a.m.

3:00 p.m.

4:00 p.m.

10 Hours

August

Not permitted

11:00 a.m.

3:00 p.m.

4:00 p.m.

10 Hours

September

Not permitted

11:00 a.m.

3:00 p.m.

4:00 p.m.

10 Hours

October

11:00 a.m.

1:00 p.m.

3:00 p.m.

4:00 p.m.

12 Hours

(14) Shellfish leaving a certified shellfish processing facility must be transported in an enclosed, mechanically refrigerated conveyance with doors closed securely. The refrigeration unit must be capable of maintaining an ambient temperature of 45ºF or less at all times.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, Formerly 16R-7.011, Amended 7-3-95, 2-6-97, 3-18-99, 6-23-99, Formerly 62R-7.011, Amended 8-9-00, 5-29-02, 7-29-08, 4-26-10, 8-31-11, 5-26-15, 3-23-17, 4-2-19, 1-18-23, 9-7-26.

Fla. Admin. Code R. 5L-1.009 Shellfish Relaying

(1) Aquacultured shellfish are the only shellfish allowed to be relayed.

(2) Only certified shellfish aquaculturists are eligible to apply for a Special Activity License to Relay Aquacultured Shellfish.

(3) Any certified shellfish aquaculturist wishing to conduct aquacultured shellfish relaying operations shall submit to the Division a completed application form entitled “Application for a Special Activity License to Relay Aquaculture Shellfish to Aquaculture Lease or Certified Depuration Facility” (FDACS-15109, Revision 12/16), hereby incorporated by reference and is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07000, or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, Florida 32399.

(4) The Department, after reviewing the application and finding the plan in compliance with all applicable rules and regulations shall issue a Special Activity License to Relay Aquacultured Shellfish within the general conditions set forth below:

(a) The Department shall establish the effective date and expiration date of the Special Activity License to Relay Aquacultured Shellfish. In no case shall the expiration date be greater than one year from the effective date.

(b) Aquacultured shellfish relaying shall be conducted only during daylight hours and under the direct supervision of the Department. All persons involved in harvest, transport, and relaying shall comply with these rules and license conditions. Harvesters shall remain within the immediate control and observation of a monitor at all times. A monitor shall be provided by the Department.

(c) Relayed aquacultured shellfish shall be delivered directly to the designated aquaculture lease or certified depuration facility on the same day of harvest. Diverting aquacultured shellfish to any other source or location is prohibited and will result in immediate seizure of aquacultured shellfish and permanent exclusion of the license holder from future relays.

(d) If aquacultured shellfish are relayed to a lease in approved or conditionally approved harvesting areas, they shall not be harvested without written permission from the Department. Permission will be granted only after a minimum of fourteen (14) days have elapsed to allow the aquacultured shellfish to cleanse themselves, and this cleansing is verified by laboratory analysis. The 14 days will commence when Department staff verifies that all aquacultured shellfish in that particular day’s harvest have been relayed. The 14-day period does not include days that shellfish harvesting areas have been temporarily closed to harvest.

(e) Laboratory analysis shall consist of a minimum of two samples per individual lease parcel (each sample to consist of a minimum of 20 individual shellfish). The Department will collect and analyze samples for aquacultured shellfish relaying. For aquacultured shellfish being relayed due to marine biotoxins, the laboratory analyses shall use an approved NSSP laboratory method for the specific toxin. The toxin level must be less than the levels defined in Section II, Chapter IV, @.04(C) of the NSSP Model Ordinance, as incoporated in Rule 5L-1.001, F.A.C. Relaying for marine biotoxins is only allowed within the following four specific geographic regions of the state: (1) Escambia County through Jefferson County; (2) Taylor County through Levy County; (3) Citrus County through Monroe County; (4) Dade County through Nassau County. Relaying due to marine biotoxins between these specific geographic regions is prohibited unless specifically authorized by the Department. The licensee must coordinate with the certified laboratory and other persons or agencies that these criteria are met and communicate this information to the Department. Upon verification that the criteria have been met the Department will issue the written permission in the form of a letter.

(f) Aquacultured shellfish relaying from Florida waters to another state or country, or from the waters of another state or country to Florida waters or a certified depuration facility, is prohibited.

(g) Special conditions shall apply to Aquaculture Use Zones (AUZ), to relaying and transport operations, laboratory sampling, and harvesting when more than one person or licensee participates on a relay crew composed of other persons or licensees from the same AUZ.

1. The “Application for a Special Activity License to Relay Aquacultured Shellfish to Aquaculture Lease or Certified Depuration Facility” (FDACS-15109, Revision 12/16), pursuant to subsection 5L-1.009(3), F.A.C., shall incorporate the following additional information:

a. The description of the aquaculture; and,

b. The description of the aquaculture lease parcel in the Aquaculture Use Zone.

2. The Department shall establish an expiration date which shall be the same for all applicants for who participate in relays to Aquaculture Use Zones.

3. For an AUZ to be considered as a single entity for laboratory sampling and harvesting, all relaying activity must be terminated by the designated expiration date. The number of participating licensees shall be determined by the number of applicants using the same expiration date and the number of participants is limited by the number of individual aquaculture leases located in the AUZ. When an expiration date has been established for relaying to an AUZ, all applicants shall terminate relay activities on or before the established expiration date regardless of the effective date of the Special Activity License to Relay Aquacultured Shellfish; except when a single licensee surrenders the Special Activity License to Relay Aquacultured Shellfish for cancellation and harvests shellfish pursuant to paragraphs 5L-1.009(4)(d) and (e), F.A.C.

4. All participating licensees shall surrender their Special Activity License to Relay Aquacultured Shellfish to the Department for cancellation when requested by the Department.

5. Aquacultured shellfish relayed to an AUZ in an approved or conditionally approved harvesting area shall not be harvested without written permission from the Department.

6. Laboratory analysis shall consist of a minimum of two samples (each sample to consist of a minimum of 20 individual shellfish) from each individual aquaculture lease parcel, collected by an employee of the Department or qualified designee.

7. Aquacultured shellfish relayed under the provisions of Rule 5L-1.009, F.A.C., shall not be harvested without written permission from the Department and permission to harvest by individual licensees shall be denied until all participating licensees receive written permission to harvest.

(5) Penalty for violation of Rule 5L-1.009, F.A.C.

(a) A Special Activity License to Relay Aquacultured Shellfish will be revoked for:

1. Any conviction or final order for violation of diverting aquacultured shellfish to any location other than specified on the license.

2. Any conviction or final order for violation of depuration periods specified by law for relayed aquacultured shellfish or sale of relayed aquacultured shellfish prior to written authorization by the Department.

3. Any conviction or final order for violation of harvesting aquacultured shellfish from any waters not approved by the license.

(b) Revocation of a Special Activity License to Relay Aquacultured Shellfish is permanent.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.010(15), (18), 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 12-23-91, 4-21-93, 5-20-93, 6-9-94, Formerly 16R-7.012, Amended 1-1-98, Formerly 62R-7.012, Amended 8-9-00, 5-29-02, 3-23-17, 4-2-19, 9-7-26.

Fla. Admin. Code R. 5L-1.010 Buildings and Facilities

(1) Facility construction and design. Buildings and structures shall be suitable in size, construction, and design to facilitate sanitary operations for food processing purposes. For shellstock shippers and onshore wet storage operations, the structure shall have sealed flooring and a sealed roof. For shucker-packer, repacker and depuration operations, the structure shall have a sealed roof, solid walls, and sealed flooring. The certified shellfish processing facility shall:

(a) Provide sufficient space for such placement of equipment and storage of materials as is necessary for the maintenance of sanitary operations and the production of safe food.

(b) Permit the taking of proper precautions to reduce the potential for contamination of food, food-contact surfaces, or food-packaging materials with microorganisms, chemicals, filth, or other extraneous material. The potential for contamination may be reduced by adequate food safety controls and operating practices or effective design, including the separation of operations in which contamination is likely to occur, by one or more of the following means: location, time, partition, air flow, enclosed systems, or other effective means.

(c) Be constructed in such a manner that floors, walls, and ceilings may be cleaned and kept clean and kept in good repair; that drip or condensate from fixtures, ducts and pipes does not contaminate food, food-contact surfaces, or food-packaging materials; and that aisles or working spaces are provided between equipment and walls and are of such width to permit employees to perform their duties and to protect against contaminating food or food-contact surfaces with clothing or personal contact.

(d) Provide at least 110 lux (10' foot candles) in walk in refrigeration units, dry food storage areas and single service storage areas; at least 220 lux (20' foot candles) at any handwashing lavatory, warewashing and equipment and utensil storage, and in toilet rooms; at least 540 lux (50' foot candles) at the surface where a food employee is working with food or equipment or utensils such as knives or grinders where employee safety is a factor. This is considered adequate lighting for hand-washing areas, dressing and locker rooms, and toilet rooms and in all areas where food is examined, processed, or stored and where equipment or utensils are cleaned. Light bulbs shall be shielded, coated or otherwise shatter resistant in areas where there is exposed food, clean equipment and utensils or unwrapped single service and single-use articles. Shielded, coated or otherwise shatter resistant bulbs need not be used in areas used only for storing food in unopened packages if the integrity of the packages can not be affected by broken glass falling onto the packages and the packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

(e) Provide adequate ventilation or control equipment to minimize air borne dust and particulates, odors and vapors in areas where they may contaminate food; and locate and operate fans and other air-blowing equipment in a manner that minimizes the potential for contaminating food, food-packaging materials, and food contact surfaces.

(f) Provide screening to ensure that pests are not present in the certified shellfish processing facility.

(2) Grounds about a certified shellfish processing facility under the control of the operator shall be kept in a condition that will protect against the contamination of food. The methods for maintenance of grounds include:

(a) Storing equipment, removing litter and waste, and cutting weeds or grass within the immediate vicinity of the building or structures that may constitute an attractant, breeding place, or harborage for pests.

(b) Maintaining roads, yards, and parking lots so that they do not constitute a source of contamination in areas where food is exposed.

(c) Draining areas that may contribute contamination to food by seepage, foot-borne filth, or providing a breeding place for pests.

(d) Operating systems for waste treatment and disposal in such a manner that they do not constitute a source of contamination in areas where food is exposed. If the certified shellfish processing facility grounds are bordered by grounds not under the operator’s control and not maintained in the manner described in paragraphs (2)(a) through (c) of this section, care shall be exercised in the certified shellfish processing facility by inspection, extermination, or other means to exclude pests, dirt, and filth that may be a source of food contamination.

(3) The water supply shall be sufficient for the operations intended. Any water that contacts food or food contact surfaces shall be safe and of sanitary quality. Running water at a suitable temperature of 100ºF or above, and under pressure as needed, shall be provided in all areas where required for the processing of food, for the cleaning of equipment, utensils, and food-packaging materials, or for employee sanitary facilities. Sanitary quality shall be maintained by the following steps:

(a) In certified shellfish processing facilities that are not on a public water system, routine microbiological monitoring shall be conducted on water, and ice used in the certified shellfish processing facility, at least once every six months by the operator of the certified shellfish processing facility. The sample collected shall be from a tap that provides water for use in processing shellfish. When treatment includes disinfection, a source water standard bacteriological sample must also be collected on the same day.

(b) Microbiological results from testing shall not equal or exceed two colony forming units (CFU) per 100 milliliters (ml) for total coliform bacteria on any consecutive samples, and shall not equal or exceed two CFU per 100 ml for fecal coliform or E. coli bacteria on any samples.

(4) Plumbing shall be of size and design and installed and maintained to:

(a) Carry sufficient quantities of water to required locations throughout the certified shellfish processing facility.

(b) Convey sewage and liquid disposable waste from the certified shellfish processing facility.

(c) Avoid constituting a source of contamination to food, water supplies, equipment, or utensils or creating an unsanitary condition.

(d) Provide floor drainage in all areas where floors are subject to flooding-type cleaning.

(e) Provide that there is no backflow from, or cross-connection between, piping systems that discharge waste water or sewage and piping systems that carry water for food or food manufacturing.

(5) Sewage and all in-facility wastewater shall be discharged into a public sewage treatment system or other approved sewage treatment system in accordance with provisions of Chapter 62-6, F.A.C.

(6) Each certified shellfish processing facility shall provide its employees with readily accessible toilet facilities. Compliance with this requirement shall be accomplished by:

(a) Maintaining the facilities in a sanitary condition.

(b) Keeping the facilities in good repair at all times.

(c) Providing self-closing doors.

(d) Providing doors that do not open into areas where food is exposed to airborne contamination, except where alternate means have been taken to protect against such contamination, such as double doors or positive air flow systems.

(e) Providing toilet tissue.

(f) Providing a covered waste receptacle.

(7) Handwashing facilities shall be furnished and easily accessible, where persons handle food, food packaging materials, or food contact surfaces, and include the following:

(a) Running water at a minimum temperature of 100ºF.

(b) Where persons handle food, food packaging materials, or food contact surfaces, hand-sanitizing facilities shall be furnished.

(c) Effective hand-cleaning and sanitizing preparations.

(d) Sanitary towels or drying devices.

(e) Readily understandable signs directing employees handling exposed food, unprotected food-packaging materials, or food-contact surfaces, to wash and sanitize their hands prior to handling these items. These signs shall be posted in the processing room at all hand wash stations and in all other areas where employees may handle such food, materials, or surfaces.

(8) Processing rooms and all other areas where employees may handle such food, materials, or surfaces, shall be furnished with readily understandable signs directing employees handling exposed food, unprotected food-packaging materials, or food-contact surfaces that eating, drinking, spitting, chewing gum or using tobacco are not permitted in the processing areas.

(9) Refuse receptacles shall be constructed and maintained in a manner that protects against contamination of food. Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize the development of odor, minimize the potential for the waste becoming an attractant and harborage or breeding place for pests, and protect against contamination of food, food-contact surfaces, water supplies, and ground surfaces.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, Formerly 16R-7.013, Amended 7-3-95, 2-6-97, Formerly 62R-7.013, Amended 8-9-00, 5-29-02, 3-23-17, 4-2-19, 9-7-26.

Fla. Admin. Code R. 5L-1.011 Equipment for Shellfish Processing

(1) All certified shellfish processing facility equipment and utensils shall be so designed and of such material and workmanship as to be cleanable, and shall be properly maintained. The design, construction, and use of equipment and utensils shall preclude the adulteration of food with contaminants. All equipment shall be so installed and maintained as to facilitate the cleaning of the equipment and of all adjacent spaces. Food-contact surfaces shall be corrosion-resistant, made of nontoxic materials, and designed to withstand the environment of their intended use and the action of food, and, if applicable, cleaning compounds and sanitizing agents. Food-contact surfaces shall be maintained to protect food from being contaminated by any source.

(2) Seams on food-contact surfaces shall be smoothly bonded or maintained so as to minimize accumulation of food particles, dirt, and organic matter and thus minimize the opportunity for growth of microorganisms.

(3) Equipment that is used in the manufacturing or food-handling area and that does not come into contact with food shall be so constructed that it can be kept in a clean condition.

(4) Three compartment sinks shall be properly installed, maintained and provided with hot and cold running water to all three compartments in establishments required to wash, rinse and sanitize food contact surfaces. Signs shall be posted indicating proper use of the three compartment sink. A three compartment sink shall be used for washing, rinsing and sanitizing food contact surfaces and shall not be used for hand washing. Shellstock shippers shall not be required to install or maintain three compartment sinks.

(5) Each freezer and cold storage compartment used to store and hold shellfish shall be mechanically refrigerated, nonportable and shall be fitted with an indicating thermometer, temperature-measuring device, or temperature-recording device so installed as to show the temperature accurately within the compartment, and should be fitted with an automatic control for regulating temperature or with an automatic alarm system to indicate a significant temperature change.

(6) Compressed air or other gases mechanically introduced into food or used to clean food-contact surfaces or equipment shall be treated in such a way that food is not contaminated.

(7) Blowers – devices which use compressed air to circulate wash water around and through shucked shellfish shall be properly designed and constructed as to be easily dismantled for cleaning, examination, and repair.

(8) Blowing time – blowing time shall not exceed 15 minutes.

(9) Depuration and wet storage tanks:

(a) Shall be designed to allow for good water circulation and prevent short-circuiting of the seawater. Tanks shall be designed so that scum and sludge, including shellfish feces and pseudo-feces, sand, and grit can be easily removed or flushed out. The bottom shall be sloped longitudinally at least 1/4 to 1/2 inch per foot toward the outlet end.

(b) Shall be constructed from impervious, nontoxic, food safe inert materials. Coatings, when used, may include epoxy resins, powdered polyesters, vinyl bituminous water-tank paint, and paraffin. These coatings are not only for waterproofing but should provide a smooth, hard, non-porous surface to facilitate proper cleaning and sanitation, as well as proper treatment of shellfish.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.014, Amended 7-3-95, 5-8-96, 2-6-97, Formerly 62R-7.014, Amended 8-9-00, 5-29-02, 3-23-17, 9-7-26.

Fla. Admin. Code R. 5L-1.012 Sanitary Operations

(1) General maintenance. Buildings, fixtures, and other physical facilities of the certified shellfish processing facility shall be maintained and kept in a sanitary condition and shall be kept in repair sufficient to prevent food from becoming adulterated within the meaning of this rule. Cleaning and sanitizing of utensils and equipment shall be conducted in a manner that protects against contamination of food, food-contact surfaces, or food-packaging materials.

(2) Cleaning compounds used in cleaning procedures shall be free from undesirable microorganisms and shall be safe and effective under the conditions of use. Compliance with this requirement may be verified by any effective means including purchase of these substances under a supplier’s guarantee or certification, or examination of these substances for contamination.

(3) Only sanitizing agents found in Title 21, C.F.R., Section 178.1010, revised as of April 1, 2025, hereby incorporated by reference, online at https://flrules.org/gateway/reference.asp?No=Ref-18506, will be used at recommended levels in certified shellfish processing facilities.

(4) Toxic cleaning compounds, sanitizing agents, and pesticide chemicals shall be identified, held, used and stored in a manner that protects against contamination of food, food-contact surfaces, or food-packaging materials. Test kits that measure the concentration of sanitizing solutions shall be provided and used for verifying the proper sanitizing solution concentration.

(5) No pests shall be allowed in any area of a certified shellfish processing facility. Effective measures shall be taken to exclude pests from the processing areas and to protect against the contamination of food on the premises by pests. The use of insecticides or rodenticides is permitted only under precautions and restrictions of product labeling.

(6) All food-contact surfaces, including utensils and food-contact surfaces of equipment, shall be cleaned as frequently as necessary to protect against contamination of food.

(7) Non-food contact surfaces of equipment used in the operation of certified shellfish processing facilities shall be cleaned as frequently as necessary to protect against contamination of food.

(8) Single-service articles shall be stored in appropriate containers and/or in a clean dry location where they are not exposed to splash, dust or other contamination. Single-service articles shall be handled, dispensed, used, and disposed of in a manner that protects against contamination of food or food-contact surfaces.

(9) Sanitizing agents shall be adequate and safe under conditions of use. Any facility, procedure, or machine is acceptable for cleaning and sanitizing equipment and utensils if it is established that the facility, procedure, or machine will routinely render equipment and utensils clean and sanitized.

(10) Cleaned and sanitized portable equipment with food-contact surfaces and utensils shall be stored in a location and manner that protects food-contact surfaces from contamination.

(11) Any employee with a disease in the communicable stage which might be transmissible through food shall be excluded from working in any capacity in which the employee may come in contact with the shellfish or with food contact surfaces.

(12) The owner, facility supervisor, or designated representative shall require all employees to wash their hands thoroughly with soap and water and sanitize their hands in an adequate handwashing facility before starting work, after each absence from the work station, after each work interruption and any time when their hands may have been soiled or contaminated.

(a) Where the same employee works in both the shucking and packing activities, the employee shall wash his hands thoroughly after entering the area.

(b) Any employee handling shellfish shall wear outer garments to protect shellfish from adulteration.

(c) Any employee handling shucked shellfish shall be required to wear an effective hair restraint, remove any hand jewelry that cannot be sanitized and secured, wear finger cots or gloves if jewelry cannot be removed, wear clean outer garments which are rinsed or changed as necessary to be kept clean.

(d) In any area where shellfish are processed and in any area which is used for the cleaning or storage of utensils, the owner, facility supervisor, or designated representative shall not allow employees to store clothing or other personal belongings, eat or drink, spit and use tobacco in any form.

(13) The facility supervisor or designated representative shall monitor the conditions and practices during processing to ensure, conformance with those conditions and practices specified in subsection 5L-1.005(8), paragraphs 5L-1.010(1)(a) and (b), subsections 5L-1.010(6) and (7), 5L-1.011(1), 5L-1.012(1)-(12), 5L-1.013(10)-(13), and 5L-1.014(7), F.A.C.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.015, Amended 7-3-95, 2-6-97, 6-23-99, Formerly 62R-7.015, Amended 8-9-00, 5-29-02, 3-23-17, 9-7-26.

Fla. Admin. Code R. 5L-1.013 Facility Operation

(1) The certified shellfish processing facility shall operate in accordance with the HACCP plan designed and approved by the owner or corporate officers and shall be made available upon request. If facilities, equipment or methods change, the Department must be notified and a modified HACCP plan must be submitted within 14 days of change.

(2) Prior to acceptance of shellstock from a licensed harvester, certified shellfish processing facility or aquaculturist, the certified shellfish processing facility will verify that the lot contains the species and quantity stated on the receiving record, ensure that shellstock are properly identified as specified in subsection 5L-1.007(2), F.A.C. and are clean, wholesome, and alive.

(3) Upon acceptance of shellstock from a licensed harvester, certified shellfish processing facility and/or aquaculturist, the receiving certified shellfish processing facility shall determine the appropriate use of the shellfish through examination of shellfish labeling as follows:

(a) Shellfish which fails to meet the requirements of subsection 5L-1.008(9), F.A.C., or is labeled in compliance with paragraph 5L-1.007(5)(j), F.A.C., shall only be shucked by a certified shucker-packer at the certified shellfish processing facility, or post harvest processed by a certified shellfish processing facility using a validated and approved method, or shall undergo an alternative post harvest processing method to assure a safety level equivalent to product meeting subsection 5L-1.008(9), F.A.C.

(b) Post harvest processing shall consist of those methods which have demonstrated through validation studies meeting the requirements of Section II, Chapter XVI of the NSSP Model Ordinance, 2023, as incorprated in Rule 5L-1.001, F.A.C. Prior to initiating post harvest processing, a certified shellfish processing facility shall provide validation and obtain written approval from the Department.

(4) Shellfish shall be segregated by the certified shellfish processing facility in accordance with its intended use as determined in subparagraph 5L-1.008(9)(b)5. and paragraphs 5L-1.013(3)(a) and (b), and identified as per subsection 5L-1.007(5) or (6), F.A.C. The harvester tag must be removed from each container and replaced with a certified shellfish processing facility’s tag prior to being shipped.

(5) Unidentified, adulterated, unwholesome, dead, or contaminated shellstock shall be discarded.

(6) Shucking of shellfish – Shellfish shall be shucked in a manner such that they are not subjected to possible contamination. Only live shellfish shall be shucked.

(a) Shucked meats shall be delivered to the packing room within one hour.

(b) Shucked meats shall be thoroughly drained, cleaned as necessary, and packed promptly after delivery to the packing room. Packing operations shall be scheduled and conducted so as to chill all meats to an internal temperature of 45ºF or less within two hours of delivery to the packing room. Shucked meats which are packed into containers having a capacity of more than one gallon shall be pre-chilled to 45ºF or less prior to packing.

(7) Shucked shellfish shall be held and transported at temperatures of 45ºF or less.

(8) Ice shall be manufactured from potable water in a commercial machine which has been properly installed and maintained without connections to nonpotable water sources.

(9) Ice shall be stored so as not to come into contact with non-clean surfaces and is handled in such a manner that it will not be contaminated.

(10) Records – Complete, legible, and accurate dated records of purchase and sale of all shellfish shall be kept by all certified shellfish processing facilities operating in the state. Records shall remain on file for not less than one year for fresh product and not less than two years for frozen product. Records shall be made available for the inspection and copying by the Department personnel during certified shellfish processing facility inspections. Records shall indicate:

(a) From whom shellfish were purchased;

(b) Harvesting area, and for Florida shellfish the four digit code or name of harvesting area found in subsection 5L-1.003(11), F.A.C. If shellfish are from aquaculture leases, then records shall indicate the aquaculture lease or parcel number;

(c) State from which shucked shellfish were harvested;

(d) Harvest date;

(e) The date of receipt by the certified shellfish processing facility;

(f) Species and quantity;

(h) Names and addresses of persons to whom shellfish were sold;

(h) Date sold; and,

(i) Transaction record indicating:

a. Date and time shipped.

b. Temperature of shellfish at loading, or verification of adequate icing of shellfish at loading.

(11) Within 72 hours of any purchase or sales entries of purchases or sales of shellfish shall be made into a permanently bound ledger book, computer record, or any other method that permanently records the information in an organized manner that can be reviewed by the Department.

(12) Production records shall be maintained for shucked meats which provide the amount of shellstock used, the harvesting area, harvest date of the shellstock, and the amount of shucked meats produced.

(13) Production records shall be maintained for shellstock which provides for the amount of shellstock used, the harvesting area, harvest date, harvest state, and the units of shellstock produced.

(14) Certified shellfish processing facilities shall submit to the Department a monthly report of the volume of shellfish received from Florida shellfish harvesting areas for each shellfish species. The report for each month will be due on the 15th day of the subsequent month.

(15) Records for shellfish lots having completed a depuration or wet storage treatment process shall include:

(a) Name or location of harvesting areas;

(b) Relaying permit numbers, if applicable;

(c) Date received;

(d) Date released;

(e) Date and time of initiation of treatment;

(f) Date and time of termination of treatment;

(g) Ending UV unit meter readings;

(h) Number of hours treated; and,

(i) All laboratory results as specified.

(16) Monitoring records of HACCP plan critical control points shall be maintained and reviewed at least weekly as specified in the certified shellfish processing facility’s HACCP plan. Records shall be reviewed to ensure that the records are complete and to verify that they document values that are within the critical limits. The review shall occur weekly. The reviewed records shall be signed and dated by the owner, facility supervisor, or designated representative of the facility who is knowledgeable of HACCP.

(17) Sanitation monitoring records shall be maintained for those items identified in Rule 5L-1.012, F.A.C., per the schedule of the activity, e.g. daily, weekly, monthly.

(18) Whenever a deviation from a critical limit occurs, a certified shellfish processing facility shall take corrective action either by following a corrective action that is appropriate for the particular deviation, or by segregating and holding the affected product until a review can determine the acceptability of the affected product for distribution. Corrective actions include, when necessary, reconditioning, seizure, or destruction of affected product to ensure that no product enters commerce that is either injurious to health or is otherwise adulterated as a result of the deviation. Corrective action also include, when necessary, correcting the cause of the deviation. All corrective actions shall be documented in writing.

(19) Responsibility – It shall be the duty and responsibility of the owner, facility supervisor, or designated representative of a certified shellfish processing facility to ensure that all regulations pertaining thereto are strictly adhered to and that only safe, wholesome, unadulterated shellfish shall be produced. It shall be his or her duty and responsibility to see that the certified shellfish processing facility is properly supervised at all times and all shellfish can be identified, whether shellstock or shucked shellfish, to ensure that they were harvested from approved or conditionally approved harvesting area in the open status and that they have been handled and processed in a sanitary manner.

History

• Rulemaking Authority 379.2522, 597.020 FS. Law Implemented 379.2522, 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, Formerly 16R-7.016, Amended 7-3-95, 5-8-96, 2-6-97, 6-23-99, Formerly 62R-7.016, Amended 8-9-00, 5-29-02, 7-29-08, 4-26-10, 3-23-17, 4-2-19, 9-5-19, 9-7-26.

Fla. Admin. Code R. 5L-1.014 Heat Shock Method

(1) Washing of shellstock – Shellstock subjected to the heat shock process shall be washed immediately prior to the heat shock operation in potable water. Washing shall be accomplished by spraying water under pressure. Immersing shellfish for washing purposes is prohibited. Shellstock shall be protected from contamination prior to and during the prewash cycle.

(2) Temperature and change of dip water – During the heat shock process the water shall be maintained at a temperature not less than 145ºF or more than 150ºF. An accurate indicating or recording thermometer shall be used during the heat shock process for temperature measurements. The water shall be completely drained or removed from the heat shock tank when it becomes dirty or at the end of each working day.

(3) Time interval of immersion – Shellstock subjected to the heat shock process shall not be immersed in the heat shock water for periods longer than 5 minutes. An accurate timing device shall be available and used to control the time of immersion.

(4) Dip tank volume – At least 8 gallons of heat shock water shall be maintained in the dip tank for each one-half bushel container of shellstock being heat shocked.

(5) Cooling of heat shocked shellstock – Upon removal from shock immersion water, all heat shocked shellstock shall be subjected to an immediate cooldown with potable tap water, or ice. Heat shocked shellstock shall be handled in a manner which prevents contamination from reaching the shellstock and shucked product during the cooling operation.

(6) Refrigeration of heat shocked shellfish – Shucked meat from all shellstock which has been subjected to the heat shock process shall be cooled to an internal temperature of 45ºF or less within 2 hours after the heat shocking process. Shucked meats shall be immediately cooled by placing ice in shucking containers prior to and during the shucking process.

(7) Records of heat shock time and temperatures – Each certified shellfish processing facility operating the heat shock process shall maintain an accurate daily record of the time and temperature of the immersion of all lots of shellfish during each day of operation as well as recording the time of change of heat shock water. These records shall be maintained for at least one year.

(8) Shucker-packers may submit, for department review and written approval, a written processing schedule together with all validation and supporting documents for their alternative heat shock operation. The written processing schedule must address these factors:

(a) Establish that no changes in the physical and organoleptic properties of the species shall occur;

(b) Establish that the process shall not kill the shellfish;

(c) Establish that no increase in microbial deterioration of the shucked shellfish shall occur;

(d) Type and size of shellfish;

(e) Time and temperature of exposure;

(f) Type of process;

(g) Size of tank, tunnel or retort;

(h) Water to shellfish ratios in tanks; and,

(i) Temperature and pressure monitoring devices.

(9) The written heat shock process shall be on display in the processing area. All responsible persons involved with the heat shock process must be aware of the requirements.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.017, Amended 7-3-95, 2-6-97, Formerly 62R-7.017, Amended 8-9-00, 3-23-17, 9-7-26.

Fla. Admin. Code R. 5L-1.015 Depuration and Wet Storage Facility Operations

(1) All plans for construction or remodeling of depuration or wet storage facilities shall be reviewed and approved by the Department. Approval is contingent upon the plan meeting the criteria in Rules 5L-1.005 and 5L-1.010, F.A.C.

(2) Operating procedures for conducting depuration or wet storage shall be reviewed and approved by the Department. Approval is contingent upon the plan meeting the criteria in Rules 5L-1.005 and 5L-1.010, F.A.C.

(3) The Department shall be immediately notified in writing of any changes in equipment or operating procedures.

(4) Source of shellfish – Shellfish shall be accepted for treatment at a depuration facility only from areas specified by the Department pursuant to Rule 5L-1.009, F.A.C. Shellfish shall be accepted for treatment at a wet storage facility only from areas specified by the Department pursuant to Rule 5L-1.003, F.A.C. The facility supervisor or designated representative shall inspect all containers of untreated shellfish upon arrival at the depuration or wet storage facility to verify that they contain the species and quantity stated on the receiving record.

(5) Shellfish containers – Shellfish shall be accepted for depuration or wet storage treatment and released after treatment in clean containers only. All containers shall be constructed of non-absorbent and rust-proof material, and kept clean and free from foreign matter. Burlap bags or similar absorbent material shall not be used in the treatment tanks, nor for the transportation of shellfish from the certified shellfish processing facility.

(6) Culling – All untreated shellfish, prior to, or upon arrival at the certified shellfish processing facility, shall be thoroughly inspected and culled by personnel under the supervision of the facility supervisor or designated representative. All dead shellfish or shellfish in broken or cracked shells shall be destroyed. The facility supervisor or designated representative shall be responsible for the culling and the removal and disposal of dead shellfish or shellfish with broken or cracked shells both before and after treatment.

(7) Washing shellfish – All shellfish shall be thoroughly washed prior to and after treatment. Immersion of shellfish for washing purposes is prohibited.

(8) Containers used in treatment process – All containers used in the treatment process shall be easily cleanable, designed for easy handling, and made of impervious material. Containers shall be of such design to allow water to flow freely over the shellfish in the treatment tanks. Containers shall not be filled beyond the level which will allow free circulation of water during the treatment process. The height of the shellfish in the containers shall be stacked to allow sufficient cleansing. Containers shall be stacked to provide clearance between shellstock and tank bottom as to allow free circulation of water. Containers used for treatment purposes shall not be used for any other purpose, and no containers or other equipment shall be placed in the treatment tanks.

(9) Shellfish treatment – All shellfish, upon receipt at the certified shellfish processing facility, shall be promptly treated or placed in controlled storage. Shellfish from an approved or conditionally approved harvesting area which are to undergo wet storage shall be segregated from shellfish destined for depuration from a restricted or conditional restricted harvesting area. Shellfish for wet storage shall be treated by a Department approved scheduled wet storage process (SWSP). Shellfish from restricted or conditionally restricted waters shall undergo a Department approved scheduled depuration process (SDP).

(10) Washing treatment tanks – All systems must be cleaned and sanitized before any lot of shellfish is placed into the treatment tanks. After each 24 hours that the shellfish are in the depuration treatment tanks, the seawater in the tanks shall be drained out and the shellfish hosed down thoroughly. Feces, pseudo-feces, and any other waste matter must be flushed out of the tank. Immediately after hosing, the tanks shall again be filled with treated seawater. Treatment tanks employing some form of refrigeration shall be drained and thoroughly washed after each depuration period or lot of shellfish depurated.

(11) Treatment tank design specifications – Water flow must be maintained at a minimum of one gallon per minute per bushel of shellfish or the flow rate recommended by the disinfection systems manufacturer to attain the flow and volume necessary for maximum disinfection. System piping shall include backflow and back siphonage protective devices and be constructed for easy cleaning either directly or through gasket or compression joints.

(12) Ultraviolet (UV) Unit:

(a) Any UV unit used for the purification of water to be used in the treatment process shall provide the required treatment to achieve non-detectable coliform bacteria level for the duration of storage. The unit shall be designed to deliver, at peak load the flow rate recommended by the disinfection system’s manufacturer to attain the flow and volume necessary for maximum disinfection.

(b) Cautions and maintenance.

1. UV tubes shall either be checked for intensity on a monthly basis or the hours the tubes are used shall be tracked. The bulbs shall be replaced when they reach a point of 60% efficiency or upon the manufacturer’s recommended maintenance schedule, which ever occurs first. A log of intensity or hours shall be kept and an orderly numbering procedure for UV units and bulbs established. A record of UV tube replacement shall be maintained. All records for UV units and bulbs shall be maintained for at least 2 years.

2. UV tubes and reflectors shall be kept cleaned. Cleaning shall be done with a clean damp cloth or sponge. A cleaning schedule shall be maintained, and cleaning activities shall be recorded on the sanitation record.

3. Signs stating “Ultraviolet Light Danger to Eyes – Do Not Look at Bulbs Without Eye Protection” shall be displayed in full view of personnel and authorized visitors. Eye, head, and skin protection, especially for the face and hands, shall be provided for personnel monitoring the bulbs.

4. An automatic shutoff switch shall be provided to break the electric circuit, thus shutting off the current to the UV bulb when the lid of the UV unit is raised.

5. In depuration facilities a tamper-proof hour meter shall be installed in line with all UV units to measure continuity of operation as well as to measure bulb life. A log which documents meter readings taken at the beginning and end of each depuration cycle shall be maintained for each UV unit for at least 2 years.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.021, Amended 7-3-95, Formerly 62R-7.021, Amended 8-9-00, 3-23-17, 4-2-19, 9-7-26.

Fla. Admin. Code R. 5L-1.016 Depuration Shellfish Sampling Procedures

(1) Start-up phase sampling procedures – When shellfish are delivered to the certified shellfish processing facility, the following schedule shall be followed:

(a) One or more shellfish samples (12 or more shellfish per sample) shall be collected for bacteriological examination before the shellfish are submitted to the treatment process.

(b) Three or more shellfish samples (12 or more shellfish per sample), randomly selected from 3 or more locations in each tank, shall be collected for bacteriological examination after 24 hours of depuration.

(c) Three or more shellfish samples (12 or more shellfish per sample), randomly selected from 3 or more locations in each tank, shall be collected for bacteriological examination after the shellfish have completed the treatment process.

(2) Routine Sampling Procedures.

(a) Start-up phase sampling procedures shall be followed until such time as the Department and the facility supervisor, after review of start-up phase results, determine that the shellfish are responding properly to the treatment process, and that the treatment process is successfully reducing bacterial levels in the shellfish and providing process water quality pursuant to subsection 5L-1.017(1), F.A.C. After such a determination, the routine sampling procedures shall be followed. Written permission from the Department shall be obtained before the initiation of the following routine monitoring procedures:

1. One or more shellfish samples (12 or more shellfish per sample) shall be collected for bacteriological examination before the shellfish are submitted to the treatment process.

2. Three or more shellfish samples (12 or more shellfish per sample), randomly selected from each lot, shall be collected for bacteriological examination after 24 hours of depuration.

3. Three or more shellfish samples (12 or more shellfish per sample), randomly selected from each lot, shall be collected for bacteriological examination after 48 hours of depuration.

(b) In the event of the installation of a new laboratory, new laboratory equipment, employment of new laboratory personnel, initiation of new laboratory procedures, or the alteration of treatment procedures, the Department may require reinitiation of start-up phase sampling procedures until such time as the Department and the facility supervisor, after reviewing the results, determine that the laboratory and treatment procedures are providing valid results. Written permission from the Department shall be obtained before routine monitoring procedures are again followed.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.022, 62R-7.022, Amended 3-23-17, 9-7-26.

Fla. Admin. Code R. 5L-1.017 Water Treatment Standards

(1) Depuration Water Treatment Standards.

(a) All controlled processes require quality tests to determine if standards are being met and if controls are effective. The depuration treatment of shellfish is a controlled process designed to reduce bacterial contamination to an acceptable level, as defined in subsection 5L-1.004(5), F.A.C. Wet storage is designed to enhance the product quality without degradation of market standards as defined in Rule 5L-1.004, F.A.C. To ensure the continuing effectiveness of the shellfish depuration treatment process, the minimum sampling procedure as described below shall be followed.

(b) Incoming seawater.

1. Type of test – temperature, turbidity, salinity, dissolved oxygen.

2. Frequency – each time seawater is withdrawn.

(c) Effluent from UV light treatment unit.

1. Type of test – bacteriological.

2. Frequency – once per day per unit.

(d) Bacteriological – All water to be used in shellfish treatment tanks shall be subjected to UV light treatment. The water discharged from the UV unit shall have no detectable levels of the coliform group as measured by the recognized multi-tube MPN test per 100 milliliters (ml) for potable water and acceptable for use with marine water and follow the protocol of the Decision Tree (Section IV. Guidance Documents Chapter III .05), as stated in Section II Chapter VII .04 C (1)(f), of the NSSP Model Ordinance as incorporated in Rule 5L-1.001, F.A.C.

(e) Dissolved oxygen – The amount of dissolved oxygen in the water in the treatment tanks shall be at least 5 mg/l and shall be measured daily.

(f) Temperature – Treatment tank water temperature shall be measured daily during the treatment process. Temperature of seawater used in the treatment process shall be suitable for depuration.

(g) Turbidity – Turbidity in the treatment process water shall not exceed 20 NTU (Nephelos Turbidity Units) and shall be measured daily.

(h) Salinity – Salinity of the treatment process water shall be suitable for depuration and shall be measured daily.

(i) pH – pH of the treatment process water shall range from greater than or equal to 7.0 to less than or equal to 8.4 and shall be measured daily.

(j) Metallic ions and compounds – Levels of metallic ions and compounds shall not exceed levels found in approved shellfish harvesting areas and shall be measured if required by the Department.

(k) Pesticides, detergents, and radionuclides – Levels of pesticides, detergents, and radionuclides shall not exceed levels found in approved shellfish harvesting areas and shall be measured if required by the Department.

(l) Karenia brevis – Levels of Karenia brevis in the incoming seawater and in the source water shall not exceed 1,000 cells/liter. Only Department personnel, or personnel approved by the Department, shall determine levels of Karenia brevis.

(m) Pseudo-nitzschia spp. – Levels of Pseudo-nitzschia spp. in the incoming seawater and in the source water shall not exceed 100,000 cells/liter. Only Department personnel, or personnel approved by the Department, shall determine levels of Pseudo-nitzschia spp.

(n) Pyrodinium bahamense – Levels of Pyrodinium bahamense in the incoming seawater and in the source water shall not exceed 333 cells/liter. Only Department personnel, or personnel approved by the Department, shall determine levels of Pyrodinium bahamense.

The following table provides a summary of the depuration treatment process water standards:

Table 1. DEPURATION TREATMENT PROCESS WATER STANDARDS

Parameter

Minimum

Maximum

Bacteriological

0

Less than 1

Dissolved Oxygen (Milligrams/liter)

5.0

Saturation

Temperature

Suitable

Suitable

Turbidity (NTU)

0

20 NTU

Salinity

Suitable

Suitable

Parameter

Minimum

Maximum

pH

7.0

8.4

Metallic Ions and Compounds

Not exceeding levels found in approved shellfish harvesting areas.

Pesticides, Detergents and Radionuclides

Not exceeding levels found in approved shellfish harvesting areas.

Karenia brevis

0 cells/liter

1,000 cells/liter

Pseudo-nitzschia spp.

0 cells/liter

100,000 cells/liter

Pyrodinium bahamense

0 cells/liter

333 cells/liter

(2) Wet Storage Treatment Standards.

(a) Wet storage of shellfish is done to enhance product quality of shellfish that have been harvested from approved or conditionally approved shellfish harvesting areas in the open status. Inland wet storage systems are classified by the Department as continuous flow through or recirculating systems. Continuous flow through systems have new water continuously passing through and exiting the wet storage system before being permanently discharged. Recirculating systems reuse system water for wet storage cycle. All inland wet storage requires the minimum sampling procedure as described below.

(b) Incoming seawater must be from an approved or conditionally approved shellfish harvesting area in the open status.

(c) Bacteriological Standards – Source water shall be from a shellfish harvesting area classified as approved or conditionally approved and in the open status and any well water used as source water shall meet the requirements of Chapter XI .02 of the NSSP Model Ordinance as incorporated in Rule 5L-1.001, F.A.C., with the exception of salt content for salt water wells. Any source water meeting above standards and used in continuous flow through systems does not require the use of additional UV sterilization. Well water from salt water wells must be sampled every 6 months at a minimum. Water used in shellfish treatment tanks for recirculating wet storage systems shall be subjected to disinfection as provided by Department approved disinfection treatment. Systems using one or more UV light units must be rated for both the volume and flow used by the recirculating system. The water discharged from the disinfection treatment system shall have no detectable levels of the coliform group as measured by the recognized multi-tube MPN test per 100 ml for potable water and acceptable for use with marine water and follow the protocol of the Decision Tree (Section IV. Guidance Documents Chapter III .05), as stated in Section II Chapter VII .04 C (1)(f), of the NSSP Model Ordinance, as incorporated in Rule 5L-1.001, F.A.C.

(d) Turbidity – Water that is disinfected by UV light shall not exceed 20 NTU.

(e) Wet storage water sampling procedures must meet the minimum requirements as stated in Section II, Chapter VII .04 C (2) or (3) of the NSSP Model Ordinance as incorporated in Rule 5L-1.001, F.A.C.

(f) Other disinfection treatment such as the addition of salt shall not leave residues unless they are Generally Recognized as Safe (GRAS) and do not interfere with the shellstock’s survival, quality or activity during wet storage, as stated in Section II, Chapter VII .04 C (1)(e) of the NSSP Model Ordinance as incorporated in Rule 5L-1.001, F.A.C.

(3) Wet Storage Corrective Actions.

(a) Upon notification of a failing wet storage water sample facility management shall:

1. Assess the wet storage system, sample collection process, and source of the wet stored product to determine and correct the cause of the failure.

2. Collect and submit daily water samples from the wet storage system to a certified shellfish laboratory until sample results meet wet storage water quality standards. If the wet storage system is partially or fully disassembled as part of the assessment or corrective action, the Division must be notified and daily sampling will resume once the system is operational.

3. Trace all affected shellfish products that were wet stored on or after the collection date of the failing water sample. Raw shellfish products will be placed on hold for appropriate processing or destruction to remove public health risk.

4. Any affected shellfish products that were sold raw will be subject to recall if a significant public health risk exists.

(b) Upon notification that a wet storage water sample has failed the Lactose Broth Gas step of the water analysis, indicating the presence of microbiological growth, and has been transferred into the Brilliant Green growth medium to detect the presence of total coliform, facility management shall:

1. Place all affected shellfish products that were wet stored on or after the date of the water sample collection on hold until water analysis results are received.

2. Assess the wet storage system for any failures in the disinfection process or sources of contamination

(c) While affected shellfish products are on hold as required by subparagraph 5L-1.017(3)(b)1., F.A.C., facility management may sell affected shellfish products after an approved cook process before water sample results are received.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.024, Amended 7-3-95, 5-8-96, 2-6-97, Formerly 62R-7.024, Amended 8-9-00, 3-23-17, 4-2-19, 9-7-26.

Fla. Admin. Code R. 5L-1.018 Depuration – Ultraviolet (UV) Unit

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.026, 62R-7.026, Repealed 3-23-17.

Fla. Admin. Code R. 5L-1.019 Laboratory Procedures and Sample Testing

(1) Samples of shellfish, processing water, or ice, may be taken at any reasonable time or place by the Department and examined for compliance with sections of this chapter. Samples of shellfish shall be furnished by certified shellfish processing facilities upon request of the Department.

(2) Bacteriological examinations of shellfish and seawater shall be conducted in accordance with Recommended Procedures for the Examination of Sea Water and Shellfish Fourth Edition, 1970, published by the American Public Health Association which is hereby incorporated herein by reference. Bacteriological examinations of seawater employing the fecal coliform Membrane Filter (MF) colony forming unit (CFU) procedure referenced in paragraph 5L-1.003(2)(b) and subsection 5L-1.003(4), F.A.C., shall be conducted in accordance with Enumeration of fecal coliforms and E. coli in marine and estuarine waters: an alternative to the APHA-MPN approach written by Scott R. Rippey, Willard N. Adams, and William D. Watkins and published in the Journal Water Pollution Control Federation Volume 59, Number 8, pages 795 – 798, August 1987, which is hereby incorporated herein by reference. This procedure is terminated at the fecal coliform stage. The urease step is not required. The materials incorporated in this section are copyrighted materials. It is a violation of federal copyright law to post the materials incorporated in this rule on the internet for public viewing. Accordingly, the materials are available for inspection and examination at the Department of State, Administrative Code and Register Unit, The Capitol, 400 South Monroe Street, Room 701, Tallahassee, Florida 32399 and at the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, Florida 32399.

(3) Laboratory staff shall, upon request of the Department, allow observation of analytical techniques to determine compliance with subsection (2), above.

(4) The laboratory must be certified by the Department in accordance with Section IV, Chapter II, .12 of the NSSP Model Ordinance as incorporated in Rule 5L-1.001, F.A.C.

History

• Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, Formerly 16R-7.030, Amended 7-3-95, 5-8-96, 2-6-97, Formerly 62R-7.030, Amended 8-9-00, 8-17-04, 3-23-17, 9-7-26.

Chapter 5L-3 AQUACULTURE BEST MANAGEMENT PRACTICES

Fla. Admin. Code R. 5L-3.001 Purpose

This rule establishes application procedures and best management practices, as provided by Chapter 597, F.S., to be followed by aquaculture producers in order to obtain an aquaculture certificate of registration from the Florida Department of Agriculture and Consumer Services.

History

• Rulemaking Authority 570.07(23), 597.004(2)(b) FS. Law Implemented 597.002, 597.003(1)(a), (j), 597.004(2) FS. History–New 10-4-00.

Fla. Admin. Code R. 5L-3.002 Definitions

Definitions used in Chapter 5L-3, F.A.C.

(1) “Department” means the Florida Department of Agriculture and Consumer Services.

(2) “Individual Production Unit” means any pond, tank, raceway, marine net pen, or integrated aquacultural system constructed and maintained in accordance with Aquaculture Best Management Practices wherein aquatic species are cultured.

History

• Rulemaking Authority 403.0885(5) FS. Law Implemented 570.07(23), 597.002, 597.003(1)(a), (j), 597.004(2) FS. History–New 10-4-00.

Fla. Admin. Code R. 5L-3.003 Requirement for an Aquaculture Certificate of Registration

All aquaculture producers shall have an aquaculture certificate of registration from the Department and apply the best management practices identified in this rule. The aquaculture certificate of registration shall have a duration as specified in Section 597.004(6), F.S., unless suspended or revoked by the Department for failure to comply with Sections 597.004 and 597.0041(1), F.S.

History

• Rulemaking Authority 570.07(23), 597.004(2)(b) FS. Law Implemented 597.003, 597.004, 597.0041 FS. History–New 10-4-00.

Fla. Admin. Code R. 5L-3.004 Aquaculture Best Management Practices Manual

(1) The Aquaculture Best Management Practices manual, FDACS-02034 (rev. November 2023) is hereby adopted and incorporated by reference and is immediately available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16342 or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, FL 32399, (850)617-7600.

(2) The following documents have been adopted by reference into the Aquaculture Best Management Practices Manual, FDACS-02034 (rev. November 2023) and are hereby incorporated by reference and available online as indicated:

(a) USDA NRCS, Ponds-Planning, Design and Construction Agricultural Handbook, Number 590 (November, 1997), http://www.flrules.org/Gateway/reference.asp?No=Ref-05761.

(b) University of Florida IFAS, Stormwater Detention and Discharge from Aquaculture Ponds in Florida, Publication BUL334 (January, 2015), http://www.flrules.org/Gateway/reference.asp?No=Ref-05762.

(c) USDA NRCS, Conservation Practice Standard, Conservation Cover, Code 327 (October, 2011), http://www.flrules.org/Gateway/reference.asp?No=Ref-05763.

(d) USDA NRCS, Conservation Practice Standard, Aquaculture Ponds, Code 397 (June, 2004), http://www.flrules.org/Gateway/reference.asp?No=Ref-05764.

(e) Southern Regional Aquaculture Center, Watershed Fish Production Ponds: Guide to Site Selection and Construction, SRAC Publication No. 102, (September, 2002), http://www.flrules.org/Gateway/reference.asp?No=Ref-05765.

(f) Standard Manatee Conditions For In-Water-Work, U.S. Army Corps of Engineers, (2011), http://www.flrules.org/Gateway/reference.asp?No=Ref-05766.

(g) National Shellfish Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish, (2015), http://www.flrules.org/Gateway/reference.asp?No=Ref-07484.

(h) USDA APHIS Wildlife Services, Prevention and Control of Wildlife Damage, Bird Dispersal Techniques (1994), http://www.flrules.org/Gateway/reference.asp?No=Ref-05849.

(i) USDA APHIS Wildlife Services, Prevention and Control of Wildlife Damage, Bird Damage at Aquaculture Facilities (1994), http://www.flrules.org/Gateway/reference.asp?No=Ref-05850.

(j) Official Certificate of Veterinary Inspection, FDACS-09000 (rev. July, 2008), as adopted and incorporated in Rule 5C-24.003, F.A.C.

History

• Rulemaking Authority 570.07(10), 570.07(23), 597.004(2)(a), 791.07 FS. Law Implemented 597.003, 597.004, 597.010(17) FS. History–New 10-4-00, Amended 12-29-02, 6-8-04, 11-22-05, 4-9-07, 11-30-15, 1-9-17, 2-10-22, 12-7-22, 3-3-24.

Fla. Admin. Code R. 5L-3.005 Aquaculture Certificate of Registration

(1) Any person engaging in aquaculture must be certified by the department. The applicant for a certificate of registration shall submit the following to the department:

(a) Applicant’s name/title.

(b) Company name.

(c) Complete mailing address.

(d) Legal property description of all aquaculture facilities.

(e) Actual physical street address for each aquaculture facility.

(f) Description of production facilities.

(g) Aquaculture products to be produced.

(h) One Hundred dollar annual registration fee.

(i) A copy of a current shellfish harvester education training certificate (required for all Aquaculture Certificates of Registration listing clams, mussels, scallops, or oysters as products).

(2) The Department shall issue an aquaculture certificate of registration when an applicant:

(a) Has submitted the required information pursuant to Section 597.004(1), F.S.;

(b) Signs a statement of intent to comply with the Best Management Practices (BMPs) in Rule 5L-3.003, F.A.C.;

(c) Pays the appropriate fee to the Department; and,

(d) Provides a copy of a current shellfish harvester education training certificate (required for all Aquaculture Certificates of Registration listing clams, mussels, scallops, or oysters as products).

History

• Rulemaking Authority 570.07(23), 597.004(2) FS. Law Implemented 597.003(1)(a), 597.004 FS. History–New 10-4-00, Amended 11-30-15.

Fla. Admin. Code R. 5L-3.006 Minimal Impact Aquaculture Facilities

(1) When determined by the Division of Aquaculture’s evaluation of facility design and on site inspections, the following individual production units are deemed to have minimal impacts on water resources and are not required to follow the effluent treatment BMPs in Rule 5L-3.004, F.A.C. All other applicable Rule 5L-3.004, F.A.C., BMPs must be followed.

(a) Recirculation systems that do not discharge to waters of the state.

(b) Culture of filter feeders which does not include feed or fertilizer inputs.

(c) Raceway or down-weller systems for native filter feeders that utilize less than 800 square feet of raceways or down-wellers, and do not add supplemental algae as a food source.

(d) Fee fishing operations with a standing crop of less than 1000 pounds of fish per acre.

(e) Individual production units producing less than 10,000 pounds of product per year that minimize the release of sediments off site by using an on site ditch system with a minimum 100 linear feet of ditch between the production water entry point and the discharge point and one foot of free board at the discharge point control structure.

(f) Aquaculture systems that do not discharge production unit water to surface waters of the state.

(2) Aquaculture facilities which do not qualify as minimal impact aquaculture facilities are required to follow all applicable BMPs in Rule 5L-3.004, F.A.C., in order to be certified.

History

• Rulemaking Authority 570.07(23), 597.004(2)(a) FS. Law Implemented 597.002, 597.003(1)(a), 597.004 FS. History–New 10-4-00, Amended 11-30-15.

Fla. Admin. Code R. 5L-3.007 Enforcement Actions and Administrative Penalties for Failure to Comply With the Best Management Practices

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Section 597.0041, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation within a twelve (12) month period. The twelve-month period shall be based on the date of the last non-compliance event documented against the violator. These guidelines list aggravating and mitigating factors that, if present, will increase or reduce the penalties to be imposed against the violator by the department. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum for a Section 570.971, F.S., Class I category of $1,000 for each violation as provided in Chapter 597, F.S. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Chapter 597, F.S., and this rule chapter by issuing a noncompliance letter or an administrative fine.

(3) Any person failing to meet the BMPs and/or refusing to implement the BMPs must obtain all necessary permits/authorizations required by the Department of Environmental Protection, Water Management District, Florida Fish and Wildlife Conservation Commission and any other appropriate regulatory authority.

(4) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(5) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statutes or department rules that might be committed by any person. The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and,

(b) The aggravating or mitigating factors listed in this rule.

(6) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 597, F.S., and this rule chapter. These factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. The violation endangered the public safety or welfare.

2. Previous violations within the preceding three (3) years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a noncompliance letter, or a suspension or revocation of a license.

3. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

4. The violation resulted from negligence or an intentional act.

5. The number of other violations proven in the same proceeding.

6. The benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation.

2. Financial hardship.

3. Acts of God or nature that impair the ability of the violator to comply with Chapter 597, F.S., or Rule 5L-3.007, F.A.C.

4. The violator took corrective action within twenty-four (24) hours of receiving written notification of the violation.

5. The disciplinary history of the person committing the violation in the preceding three years.

6. If a repeat violation, whether twelve (12) months has passed since the prior violation.

7. A statement, in writing, provided to the department during an investigation declaring acceptance of responsibility for a violation.

(7) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(8) Penalties. Any person who violates any provision of Chapter 597, F.S., or Rule Chapter 5L-3, F.A.C., commits a misdemeanor of the first degree, and is subject to a suspension or revocation of his or her certificate of registration.

(a) Notice of Noncompliance. Any departmental inspection which reveals the following will result in the issuance of a noncompliance letter as the department’s first response to the violation.

1. Minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with the rule.

2. First time violations of Chapter 597, F.S. or Rule Chapter 5L-3, F.A.C., other than Minor or Major violations. The violator will have 60 days within which to correct the deficiencies.

3. Failure to provide division staff access for inspections during department business hours.

(b) Minor violations. Minor violations shall result in imposition of a fine of up to $500. A violation of Chapter 597, F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The following violations shall be considered minor violations:

1. Failure to correct deficiencies within 60 days following a noncompliance letter.

2. First repeat violations of Chapter 597, F.S. or Rule Chapter 5L-3, F.A.C., other than Minor or Major violations, within twelve (12) months.

3. Possession of restricted nonnative species as defined in Rule Chapter 5L-3, F.A.C., without proper authorization.

(c) Major violations. Major violations shall result in imposition of a fine of up to $1,000. Any person who violates any provision of Chapter 597, F.S. or Rule Chapter 5L-3, F.A.C., commits a misdemeanor of the first degree, and is subject to a suspension or revocation of his or her certificate of registration. The following violations shall be considered major violations:

1. First repeat minor violation of Chapter 597, F.S. or Rule Chapter 5L-3, F.A.C., within twelve (12) months.

2. Second repeat of violation of Chapter 597, F.S. or Rule Chapter 5L-3, F.A.C., other than Minor or Major violations, within twelve (12) months.

3. Commingling wild and aquaculture products.

4. Live sale of restricted nonnative species as defined in Rule Chapter 5L-3, F.A.C., without proper authorization and documentation.

5. Possession of prohibited species as defined in Rule Chapter 5L-3, F.A.C., without proper authorization.

6. Construction or excavation in a wetland without proper authorization from the Florida Department of Environmental Protection, Water Management District and/or Army Corps of Engineers.

7. Improper disposal of bags, cover netting, or other materials used for aquaculture on submerged lands when materials are removed during maintenance or harvesting or dislodged during storm events.

8. Direct sale of aquaculture shellfish from the farmer to the retailer or consumer.

9. Failure to properly tag aquacultured shellfish pursuant to rule Chapter 5L-1, F.A.C.

10. Culture or sale of Florida largemouth bass, Micropterus salmoides floridanus, for human consumption which have not been genetically authenticated.

(9) Additional Costs.

In addition to the penalties established in this rule, the department reserves the right to seek to recover any penalties, attorney’s fees, court costs, service fees, collection costs, damages, and other costs including costs resulting from a payment that is returned for insufficient funds to the department. Additionally, the cost of any enforcement proceeding may be added to any penalty imposed.

(10) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to Section 120.57(4), F.S. The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions, and referrals for criminal prosecution.

(11) Failure to Comply.

1. A failure to comply with an agreement to resolve violations or a settlement agreement shall result in the penalties and remedies provided in the agreement as authorized by Chapter 120 or 597, F.S.

2. A failure to comply with either a Final Order or Default Final Order shall result in a permit revocation and an administrative fine of up to $1,000 per violation as provided in Section 597.0041, F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

(12) Failure to Respond. Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The department shall impose the maximum administrative fine amount of $1,000 per violation pursuant to Section 570.971, F.S., for a Default Final Order.

History

• Rulemaking Authority 597.07(23), 597.004(2)(a) FS. Law Implemented 597.004, 597.0041 FS. History–New 10-4-00, Amended 11-30-15, 9-26-22, 3-3-24.

Division 5J Division of Consumer Services

Chapter 5J-4 HEALTH STUDIO REGISTRATION

Fla. Admin. Code R. 5J-4.001 Purpose

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.012 FS. History–New 2-9-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-4.002 Scope

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.012, 501.015 FS. History–New 2-9-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-4.003 Definitions

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.012, 501.0125 FS. History–New 2-9-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-4.004 Registration

(1) Unless exempted pursuant to Section 501.013, F.S., any person who intends to open or operate as a health studio shall, prior to offering health studio services, register with the department using FDACS-10300, Health Studio Registration Application, Rev. 04/19, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Health Studios, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-10653. At the time of registration, the registrant shall submit the applicable nonrefundable registration fee to the department for each health studio location. The registrant shall submit with the application, a copy of each contract offered to the public relating to the sale of health studio services, as well as original security documents.

(2) Pursuant to Section 501.015(2)(a), F.S., the following persons are eligible for a waiver of the initial registration fee: an honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. Pursuant to Section 501.015(2)(b), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the expiration date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit FDACS-10991, Military Fee Waiver Request, Rev. 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits the Health Studio Registration Application referenced in subsection (1) above.

History

• Rulemaking Authority 501.014(2), 570.07(23) FS. Law Implemented 501.015(1), (2), (3), (4), 501.016, 501.017 FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03, 3-8-12, 1-19-14, 4-5-15, 5-10-17, 7-15-18, 7-11-19.

Fla. Admin. Code R. 5J-4.005 Exemption

(1) Any person claiming an exemption from the health studio laws pursuant to Section 501.013, F.S., shall, prior to offering health studio services, file with the department FDACS-10301 Health Studio Affidavit of Exemption, Rev. 03/18, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Health Studios, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-09429.

(2) The department may request a person claiming an exemption under section 501.013, F.S., to submit supporting documentation necessary to establish the person is entitled to such exemption.

History

• Rulemaking Authority 501.014(2), 570.07(23) FS. Law Implemented 501.013 FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, 1-20-03, 3-8-12, 1-19-14, 4-5-15, 5-10-17, 7-15-18.

Fla. Admin. Code R. 5J-4.006 Security

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.015(3), 501.016(1), (2) FS. History–New 2-9-93, Amended 7-10-94, Repealed 5-24-95.

Fla. Admin. Code R. 5J-4.007 Reduction of Security

History

• Rulemaking Authority 501.014(2) FS. Law Implemented 501.016(4) FS. History–New 2-9-93, Amended 7-10-94, 5-24-95, Repealed 1-20-03.

Fla. Admin. Code R. 5J-4.008 Notice of Issuance of Occupational License

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.016 FS. History–New 2-9-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-4.009 Consumer Claims

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.016 FS. History–New 2-9-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-4.010 Escrow Accounts

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.016(5) FS. History–New 2-9-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-4.011 Posting of Notice

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.017(1)(b), 501.018(2) FS. History–New 2-9-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-4.012 Facility of Equal Quality

(1) For purposes of Section 501.017, F.S., and this chapter, the Department shall consider the following factors in determining equal quality among health studios:

(a) A comparison of equipment, facilities, and health studio-related services offered or available to members;

(b) The availability of the equipment and facilities for use on the same days and times by the consumer;

(c) The distance between the facilities.

(2) The Department shall consider the factors listed above and make a determination of whether a health studio is a facility of equal quality, which determination shall apply to all applicable members.

History

• Rulemaking Authority 501.014(2)(a) FS. Law Implemented 501.017(1)(b) FS. History–New 2-9-93, Amended 2-22-95.

Fla. Admin. Code R. 5J-4.014 Security Requirements

(1) If filing a bond, letter of credit, or assignment of certificate of deposit pursuant to Section 501.016, F.S., the applicant shall use the applicable forms included in FDACS-10300, Health Studio Registration Application, Rev. 04/19, incorporated by reference in Rule 5J-4.004, F.A.C.

(2) Claims against a bond, letter of credit, or certificate of deposit shall be submitted on FDACS-10303, Health Studio Claim Affidavit, Rev. 12/14, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Health Studios, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05116.

History

• Rulemaking Authority 501.014(2), 501.016(1), (2), (3), 570.07(23) FS. Law Implemented 501.016(1), (2), (3) FS. History–New 4-5-15, Amended 5-10-17, 7-15-18, 7-11-19.

Fla. Admin. Code R. 5J-4.015 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Sections 501.012-501.019, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the violator by the department. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Sections 501.012-501.019, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, or through civil litigation for violations of Sections 501.012-501.019, F.S., and this rule chapter.

(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Sections 501.012-501.019, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. If a notice of noncompliance is imposed for an initial violation, a second violation within a three-year period shall result in a fine of at least $1,000 not to exceed $5,000. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in subsection (8), below.

(a) Aggravating factors shall include:

1. The violation caused, or has the potential to cause, serious injury to a person.

2. The violation endangered the public safety or welfare.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a Notice of Noncompliance, or suspension or revocation of license.

4. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

5. The violation resulted from an intentional act.

6. The cost of the enforcement action.

7. The number of other violations proven in the same proceeding.

8. The benefit to the violator.

(b) Mitigating factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with Sections 501.012-501.019, F.S., or this rule chapter.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. The violator took corrective action.

7. The disciplinary history of the person committing the violation.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(8) Penalties.

(a) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Noncompliance pursuant to Section 501.019(4)(b)1., F.S., as the department’s first response to the violation. In addition, the following statutory violations shall result in the issuance of a Notice of Noncompliance for the first violation only: Violations of any provision contained in Section 501.018, F.S.

(b) Minor Violations. Minor violations shall result in imposition of a fine ranging from $1,000 to $2,500. The following statutory violations shall be considered minor violations:

1. Failure to comply with Section 501.015(4), F.S.

2. Failure to comply with Section 501.015(5), F.S.

3. A subsequent occurrence of any of the violations enumerated in paragraph (8)(a), above.

(c) Major Violations. Major violations shall result in the imposition of an administrative fine of $1,000 to $5,000, denial, suspension, or revocation of the license as prescribed in Section 501.019(4)(b)4., F.S., or any of the penalties as prescribed in sections 501.019(4)(b)2.-5., F.S. The following statutory violations shall be considered major violations:

1. Failure to comply with Sections 501.015(1)-(3), F.S.

2. Failure to comply with Sections 501.016(1)-(2), or (4)-(7), F.S.

3. Failure to comply with Sections 501.017(1)-(3), or (5), F.S.

4. Any willful violation of Sections 501.012-501.019, F.S.

(9) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to Section 120.57(4), F.S. The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or Sections 501.012-501.019, F.S.

(10) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation. The department shall impose the maximum administrative fine amount of $5,000 per violation pursuant to a Class II violation as referenced in Sections 501.019(4)(b)2. and 570.971, F.S., for a default Final Order.

(11) A violator’s failure to comply with a Final Order shall result in a registration denial or revocation pursuant to Section 501.019(4)(b)4., F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 501.014(2), 570.07(23) FS. Law Implemented 501.019, 570.971(4) FS. History–New 4-5-15, Amended 7-13-16.

Chapter 5J-5 NO SALES TELEPHONE SOLICITATION

Fla. Admin. Code R. 5J-5.001 Definitions

(1) As referenced in Section 501.059(1)(k)1., F.S., the term “in response to an express request” means a telephonic sales call made no more than 18 months from the date of a request that:

(a) Has been made in writing, bearing the signature or electronic signature, if recognized as a valid signature under applicable federal or state law, of the person called; and,

(b) Clearly authorizes the telephone solicitor to contact the consumer called; and,

(c) Includes the specific telephone numbers by which the consumer called may be contacted.

(2) As referenced in Section 501.059(1)(k)3., F.S., the term “prior or existing business relationship” means a relationship formed by a voluntary two-way communication between a telephone solicitor and a consumer with or without an exchange of consideration, on the basis of the consumer’s purchase or transaction with the entity within the eighteen (18) months immediately preceding the date of the telephonic sales call or on the basis of the consumer’s inquiry or application regarding products or services offered by the entity within the three months immediately preceding the date of the telephonic sales call, which relationship has not been previously terminated by either party.

(3) As referenced in Section 501.059(5), F.S., the term “previously communicated” means:

(a) That the consumer, business or donor has communicated directly to the telephone solicitor or person; or

(b) That the consumer, business or donor has communicated to the department in the form of a written complaint and that complaint has been provided to the telephone solicitor or person as part of the department’s normal course of complaint mediation.

History

• Rulemaking Authority 501.059(13), 570.07(23) FS. Law Implemented 501.059(1)(k), (5) FS. History–New 12-28-15, Amended 1-10-19.

Fla. Admin. Code R. 5J-5.002 Complaint Form

(1) The following form is hereby adopted by reference and is used by the department in its investigations of alleged violations of Section 501.059, F.S.: FDACS-10402, Florida Do Not Call Complaint Form, Rev. 12/21, http://www.flrules.org/Gateway/reference.asp?No=Ref-13947.

(2) A Copy of the above forms may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Mediation and Enforcement, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at the links identified in subsection (1) above. It may also be completed and submitted online at http://www.freshfromflorida.com/Forms-Publications/Forms.

History

• Rulemaking Authority 501.059(13), 570.07(23) FS. Law Implemented 501.059(9)(a), 570.544(4) FS. History–New 12-28-15, Amended 1-10-19, 2-24-22.

Fla. Admin. Code R. 5J-5.003 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the administrative penalties authorized under Section 501.059, F.S. The purpose of the guidelines is to give notice of the range of administrative penalties which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the administrative penalties to be imposed against the violator by the department. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.

(2) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining administrative penalties for violations of Section 501.059, F.S. The factors shall be applied against each single count of the listed violation. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation.

(a) Aggravating factors shall include:

1. The violation endangered the public safety or welfare.

2. Previous administrative or civil complaints brought by any governmental agency within the preceding three years for the same or a similar offense(s) that resulted in settlement, imposition of penalties, or suspension or revocation of a license.

3. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

4. The violation resulted from an intentional act.

5. The cost of the enforcement action.

6. The number of violations proven in the same proceeding.

7. The benefit to the violator.

(b) Mitigating factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with Section 501.059, F.S., or this rule chapter.

5. The violator took corrective action within twenty-four (24) hours of receiving written notification of the violation.

6. A clean disciplinary history of the person committing the violation.

(3) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(4) Penalties. Any violation of Section 501.059, F.S., shall result in the imposition of an administrative fine ranging from $5,000 to $10,000 per violation pursuant to a Class III violation as referenced in Sections 501.059(9)(b) and 570.971, F.S.

(5) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation and the department shall impose the maximum administrative fine amount of $10,000 per violation pursuant to a Class III violation as referenced in Sections 501.059(9)(b) and 570.971, F.S.

History

• Rulemaking Authority 501.059(13), 570.07(23) FS. Law Implemented 501.059(9)(b), 570.971(4) FS. History–New 12-28-15, Amended 1-10-19.

Chapter 5J-6 TELEMARKETING

Fla. Admin. Code R. 5J-6.001 Purpose

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.602 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.002 Scope

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.602, 501.603, 501.605, 501.607 FS. History–New 4-12-92, Amended 8-17-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.003 Definitions

(1) For the purpose of this rule chapter, a “gift, award, or prize” does not include:

(a) A de minimis offering of goods such as a soft drink, a cup of coffee or tea, a snack, or a similar offering, or

(b) Additional goods of like kind as the goods being offered for sale.

(2) As used in Sections 501.605(2)(a) and 501.607(1)(a), F.S., if an applicant does not have a driver’s license number, applicant shall state that fact and provide a current Florida identification card number, lawfully issued by the Florida Department of Highway Safety and Motor Vehicles.

History

• Rulemaking Authority 501.626 FS. Law Implemented 322.051(7), 501.602, 501.603, 501.605, 501.607 FS. History–New 4-12-92, Amended 5-15-95, 8-8-95, 3-29-12.

Fla. Admin. Code R. 5J-6.004 Obtaining Forms

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.605, 501.607 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.005 Licensing Requirement, Commercial Telephone Seller, Salesperson, Substance Abuse Marketing Service Provider

(1) No person may act as a commercial telephone seller or salesperson unless licensed by the Department of Agriculture and Consumer Services. All applicants for a license shall submit to the department FDACS-10001, Commercial Telephone Seller Business License Application, Rev. 04/19, hereby incorporated by reference, along with the required non-refundable fee. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10503.

(2)(a) In the event a licensed commercial telephone seller hires an employee to function as a salesperson, but the employee does not possess a current commercial telephone salesperson license, the licensed commercial telephone seller may obtain interim operating authority for the unlicensed salesperson from the department by submitting FDACS-10005, Commercial Telephone Salesperson Individual License Application, Rev. 04/19, including the Statement of Verification, hereby incorporated by reference, along with a written request that the applicant be granted interim operating authority. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10504. Salespersons may also apply or renew their license online at: www.FreshFromFlorida.com.

(b) The interim operating authority shall be effective until such time as the department notifies the applicant of denial or approval of license. In no event shall the interim operating authority exceed a period of 90 days.

(c) In the event a license is denied, the interim operating authority shall immediately terminate and the applicant for a salesperson license shall immediately discontinue operating as a salesperson.

(3) No person may provide substance abuse marketing services unless licensed by the Department of Agriculture and Consumer Services. All applicants for a license shall submit to the department FDACS-10008, Substance Abuse Marketing Service Provider License Application, 04/19, hereby incorporated by reference, along with the required non-refundable fee. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10505.

(4) Pursuant to Sections 501.605(5)(b) and 501.607(2)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: an honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member of the United States Armed Forces if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. Pursuant to Section 501.609(5), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the expiration date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit FDACS-10991, Military Fee Waiver Request, Rev. 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits the Commercial Telephone Seller Business License Application referenced in subsection (1), the Commercial Telephone Salesperson Individual License Application referenced in subsection (2), or the Substance Abuse Marketing Service Provider License Application referenced in subsection (3).

(5) The licensee shall notify the department of all material changes in the information submitted in either the original application for licensure, or any application for renewal of the license within 10 days of the material change. The licensee shall utilize FDACS-10006, Florida Telemarketing Act Material Change Form, Rev. 07/17, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08720. FDACS-10006 may also be completed and submitted online at: www.800helpfla.com/registeronline.

(6) In the event that a salesperson licensee changes his/her company affiliation, the salesperson shall utilize FDACS-10006, Florida Telemarketing Act Material Change Form, Rev. 07/17, incorporated in subsection (5), above, and pay the prescribed $10.00 fee. Such change in status shall be submitted to the department within 10 days of the change.

(7) In the event that a salesperson intends to affiliate with more than one company, the salesperson shall execute a separate Statement of Verification, as found in FDACS-10005, Commerial Telephone Salesperson Individual License Application, Rev. 04/19, incorporated in subsection (2), above, for each commercial telephone seller with which the salesperson intends to affiliate.

History

• Rulemaking Authority 501.626, 570.07(23) FS. Law Implemented 501.605, 501.607, 501.608, 501.609 FS. History–New 4-12-92, Amended 2-15-93, 6-26-94, 5-15-95, 2-11-98, 1-20-03, 3-29-12, 1-19-14, 4-16-15, 7-11-17, 10-31-17, 7-11-19.

Fla. Admin. Code R. 5J-6.006 Withdrawal of Application

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.605, 501.607 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.007 No Refund of Fees

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.605, 501.607 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.008 Surety Bond, Letter of Credit, Certificate of Deposit

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.611 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.009 Schedule of Fees

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.605, 501.607, 501.609 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.010 Material Changes in Applicant Information Prior to Renewal

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.509 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.011 Change in Status of Salesperson; Multiple Company Affiliations

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.607, 501.609 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.012 Application Submission Format

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.605, 501.607 FS. History–New 4-12-92, Repealed 5-15-95.

Fla. Admin. Code R. 5J-6.013 Exemption

(1) Any business entity claiming an exemption from the commercial telephone seller laws pursuant to Section 501.608(1)(b), F.S., shall, prior to offering its services, file with the department FDACS-10002, Commercial Telephone Seller Affidavit of Exemption, 07/17, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08721.

(2) Any business entity claiming to be exempt under Section 501.604(22), F.S., shall furnish the department copies of occupational licenses, lease agreements, or tax returns which verify the entity has been operating a retail establishment at least one year under the same name as that used in connection with telemarketing; and,

(a) Shall provide a written statement that products are displayed and offered for sale, or services are offered for sale, and provided at the business establishment; and

(b) Shall furnish the department copies of sales records, customer lists, purchase orders, general ledger entries, journals, or other documents which verify that a majority of the seller’s business involves the buyer obtaining such products or services at the seller’s location. For the purposes of this rule, a “majority of the seller’s business” shall mean that at least 51% of each of the following occurs at the seller’s business establishment:

1. The total annual dollar volume of sales,

2. The total number of individual customer transactions; and,

3. The total number of sales.

History

• Rulemaking Authority 501.626, 570.07(23) FS. Law Implemented 501.604, 501.608 FS. History–New 6-26-94, Amended 2-11-98, 1-20-03, 3-29-12, 1-19-14, 7-11-17, 10-31-17.

Fla. Admin. Code R. 5J-6.014 Denials

The purpose of this rule is to implement Section 501.612(1), F.S. The department shall not issue an initial or renewal license to any person applying for a commercial telephone seller or salesperson or an entity providing substance abuse marketing services license if the department finds that the applicant, or any of its owners, operators, officers, directors, partners, or other individuals engaged in the management activities of the applicant, has:

(1) Been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, any misdemeanor crime within the last three (3) years that involves fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, or any other crime involving moral turpitude.

(2) Been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, any violation of Section 832.05(2) or 832.05(4), F.S. within the last three (3) years and and has not successfully completed or satisfied all the conditions and/or terms of his or her sentencing, including any probation or parole.

(3) Been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, any felony crime within the last five (5) years that involves fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property.

(4) Been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, any felony crime within the last seven (7) years that involves racketeering or any offense involving robbery, carjacking, attempted carjacking, home invasion, or misappropriation of moneys by commisioners to make sales.

(5) Been convicted or found guilty of, or entered a plea of guilty or nolo contendere to any capital offense within the last 10 years.

(6) Been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, any crime that involves racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, or involving moral turpitude, and who has not successfully completed or satisfied all the conditions and/or terms of his or her sentencing, including any probation or parole.

(7) Had entered against him or her, or any business for which he or she has been affiliated as an owner, operator, officer, director, partner, or worked in the management activities, an injunction, a temporary restraining order, or a final judgment or order, including a stipulated judgment or order, an assurance of voluntary compliance, or any similar document, in any civil or administrative action involving racketeering, fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property, or the use of any untrue or misleading representation in an attempt to sell or dispose of real or personal property or the use of any unfair, unlawful, or deceptive trade practice and who has not satisfied all the conditions and/or terms of his or her judgment or order.

History

• Rulemaking Authority 501.626 FS. Law Implemented 501.612 FS. History–New 1-20-03, Amended 1-19-14, 10-31-17.

Fla. Admin. Code R. 5J-6.015 Security Requirements

(1) If filing a bond, letter of credit, or assignment of certificate of deposit pursuant to Section 501.611, F.S., the applicant shall use the applicable forms included in FDACS-10001, Commercial Telephone Seller Business License Application, Rev. 07/17, incorporated by reference in Rule 5J-6.005, F.A.C.

(2) Claims against a bond, letter of credit, or certificate of deposit shall be submitted on FDACS-10984, Telemarketing Claim Affidavit, Rev. 03/17, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Telemarketing, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08408.

History

• Rulemaking Authority 501.611(3), (5), 501.626, 570.07(23) FS. Law Implemented 501.611 FS. History–New 4-16-15, Amended 7-11-17, 10-31-17.

Fla. Admin. Code R. 5J-6.016 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Sections 501.601-501.626, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the violator by the department. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Sections 501.601-501.626, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, or through civil litigation for violations of Sections 501.601-501.626, F.S., and this rule chapter.

(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Sections 501.601-501.626, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. If a Notice of Noncompliance is imposed for an initial violation, a second violation within a three-year period shall result in a fine of at least $1,000 not to exceed $10,000. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in subsection (8) below.

(a) Aggravating factors shall include:

1. The violation caused, or has the potential to cause, serious injury to a person.

2. The violation endangered the public safety or welfare.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a Notice of Noncompliance, or suspension or revocation of license.

4. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

5. The violation resulted from an intentional act.

6. The cost of the enforcement action.

7. The number of other violations proven in the same proceeding.

8. The benefit to the violator.

(b) Mitigating factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with Sections 501.601-501.626, F.S., or this rule chapter.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. The violator took corrective action.

7. The disciplinary history of the person committing the violation.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(8) Penalties.

(a) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Noncompliance as the department’s first response to the violation. A Notice of Noncompliance will be issued for a violation of Section 501.616(3), F.S.

(b) Minor Violations. Minor violations shall result in imposition of a fine ranging from $1,000 to $5,000. The following statutory violations shall be considered minor violations:

1. A violation of Section 501.613(1), F.S.

2. A violation of Section 501.614, F.S.

3. A violation of any provision of Section 501.616(6), F.S.

4. A subsequent occurrence of any of the violations enumerated in paragraph (8)(a), above.

(c) Major Violations. Major violations shall result in the imposition of an administrative fine of $1,000 to $10,000, suspension or revocation of the license as prescribed in Section 501.612(2)(d), F.S., or any of the penalties as prescribed in sections 501.612(2)(b)-(e), F.S. The following violations shall be considered major violations:

1. A violation of Section 501.605(1), F.S.

2. Failure to comply with any requirement enumerated in Sections 501.605(2)-(5), F.S.

3. A violation of Section 501.605(7), F.S.

4. Failure to comply with any requirement enumerated in Section 501.606(1), F.S.

5. Failure to comply with Sections 501.606(2)-(3), F.S.

6. Failure to comply with Sections 501.607(1), or (4), F.S.

7. Failure to comply with Sections 501.608(1)(b), or (2) F.S.

8. Failure to comply with Sections 501.609(1), or (3)-(4), F.S.

9. Failure to comply with Section 501.611, F.S.

10. A violation of any provision of Sections 501.612(1)(a)-(k), F.S.

11. Failure to comply with Section 501.613(2), F.S.

12. Failure to comply with Sections 501.615(1)-(8), F.S.

13. A violation of Sections 501.616(1)-(2), (4), or (7) F.S.

14. Failure to comply with Section 501.6175, F.S.

15. Any violation of Sections 501.601-501.626, F.S., that occurred while the violator was concurrently operating in violation of a registration or exemption filing requirement pursuant to the Solicitation of Contributions Act, Chapter 496, F.S.

16. Any violation of Sections 501.601-501.626, F.S., that occurred while the violator was concurrently operating in violation of the Florida No Sales Solicitation Act, Section 501.059, F.S.

17. Any willful violation of Sections 501.601-501.626, F.S.

(9) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to Section 120.57(4), F.S. The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or Sections 501.601-501.626, F.S.

(10) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation. The department shall impose the maximum administrative fine amount of $10,000 per violation pursuant to a Class III violation as referenced in Sections 501.612(2)(b) and 570.971, F.S., for a default Final Order.

(11) A violator’s failure to comply with a Final Order shall result in a license denial or revocation pursuant to Section 501.612(2)(d), F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 501.626, 570.07(23) FS. Law Implemented 501.612(1), (2), 501.6175, 570.971(4) FS. History–New 4-16-15, Amended 7-13-16, 7-11-19.

Chapter 5J-7 SOLICITATIONS OF CONTRIBUTIONS

Fla. Admin. Code R. 5J-7.001 Purpose

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.402 FS. History–New 7-7-92, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.002 Scope

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.405, 496.406, 496.409, 496.410 FS. History–New 7-7-92, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.003 Definitions

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.404 FS. History–New 7-7-92, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.004 Registration; Financial Reporting; Honest Services Registry

(1) A sponsor shall maintain a current record of its membership, which record shall be no more than 30 days old. A copy of the membership list shall be provided to the department within ten days upon written demand by the department. Failure to provide the membership list within the 10 day time period shall be basis for denial or revocation of the sponsor’s registration.

(a) The membership list shall be maintained at the sponsor’s principal place of business. If the sponsor’s principal place of business is located outside the state of Florida, a copy of the membership list shall be maintained at any Florida location of the sponsor.

(b) The membership list shall include each member’s full name; rank or position; place of employment, including telephone number; and home street address and telephone number. The membership list shall also designate those members who are actively employed.

(c) For the purposes of Section 496.426, F.S., “actively employed” shall mean a person under any contract of hire, express or implied, oral or written, for a salary or other compensation, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.

(2) Unless exempted pursuant to Section 496.406, F.S., every charitable organization or sponsor soliciting in or from this state shall file with the department FDACS-10100, Solicitation of Contributions Registration Application, Rev. 01/26, hereby incorporated by reference. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19102 or on the department’s website at https://www.FDACS.gov.

(3) Section 496.405(2)(d) and (e), F.S., requires registrants to submit an attestation statement on a form prescribed by the department related to Chapter 106, F.S. Campaign Financing. Every charitable organization or sponsor soliciting in or from this state shall file with the department FDACS-10124, Attestation Statement of Compliance with Chapter 106, F.S. (Campaign Financing), 01/26, hereby incorporated by reference. Copies of this form may be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-19103 or on the department’s website at https://www.FDACS.gov.

(4) Charitable organizations and sponsors exempt from registration pursuant to Section 496.406(1)(d), F.S., shall file with the department FDACS-10110, Solicitation of Contributions Small Charitable Organizations/Sponsors Application, Rev. 12/24, hereby incorporated by reference. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17403 or on the department’s website at https://www.FDACS.gov.

(5) Charitable organizations or sponsors having more than $1 million in total revenue and spending less than 25 percent of the organizations or sponsor’s total annual functional expenses on program service costs for the immediately preceding fiscal year are required to file with the department FDACS-10114, Solicitation of Contributions Supplemental Financial Disclosure, 11/14, hereby incorporated by reference. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-05131 or on the department’s website at https://www.FDACS.gov.

(6) Charitable organizations or sponsors shall notify the department of all material changes in the information submitted in either the initial registration statement or the last renewal statement within 10 days of the material change. The charitable organization or sponsor shall utilize FDACS-10118, Solicitation of Contributions Material Change Form, Rev. 12/24, hereby incorporated by reference. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17404 or on the department’s website at https://www.FDACS.gov.

(7) A charitable organization or sponsor that is required to initially register or annually renew registration must file an annual financial statement for the immediately preceding fiscal year. The charitable organization or sponsor shall utilize FDACS-10122, Solicitation of Contributions Annual Financial Reporting Form, 11/21, hereby incorporated by reference, or shall submit IRS forms and schedules in accordance with Section 496.407, F.S. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13923 or on the department’s website at https://www.FDACS.gov.

(8) Honest Services Registry.

(a) A charitable organization seeking to be included in the Honest Services Registry shall file with the department FDACS-10123, Attestation Statement of Compliance with Honest Service Registry Requirements, 01/26, hereby incorporated by reference. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19104 or on the department’s website at https://www.FDACS.gov.

(b) Upon approval of an attestation statement by the department, a charitable organization will remain on the Honest Services Registry for 1 year unless the charitable organization no longer qualifies for inclusion on the registry. The charitable organization will immediately contact the department to request it be removed from the registry if the organization solicits or accepts, directly or indirectly, contributions, funding, support, or services from a foreign source of concern; or uses or publishes any messaging or content that is directly or indirectly produced or influenced by a foreign source of concern.

History

• Rulemaking Authority 496.424, 496.431(4) FS. Law Implemented 496.405, 496.406, 496.407, 496.4071, 496.409, 496.410, 496.426, 496.431, 570.161 FS. History–New 7-7-92, Amended 6-28-94, 3-13-95, 6-4-95, 11-6-95, 3-25-12, 1-19-14, 4-16-15, 1-23-22, 1-16-25, 5-4-26.

Fla. Admin. Code R. 5J-7.0041 Registration Denial/Charitable Organization or Sponsor

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.402, 496.405 FS. History–New 6-28-94, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.0042 Registration Denial/Professional Solicitor

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.402, 496.410 FS. History–New 6-28-94, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.0043 Registration Denial/Professional Fundraising Consultant

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.402, 496.409 FS. History–New 6-28-94, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.0044 Exemption from Registration

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.406 FS. History–New 3-13-95, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.005 Fees

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.405, 496.409, 496.410 FS. History–New 7-7-92, Repealed 6-4-92.

Fla. Admin. Code R. 5J-7.006 Late Fees

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.405(4) FS. History–New 7-7-92, Repealed 11-4-97.

Fla. Admin. Code R. 5J-7.007 Surety Bond for Professional Solicitors

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.410 FS. History–New 7-7-92, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.008 Reporting

History

• Rulemaking Authority 496.407, 496.410, 496.424 FS. Law Implemented 496.407, 496.410 FS. History–New 7-7-92, Repealed 6-4-95.

Fla. Admin. Code R. 5J-7.009 Professional Fundraising Consultant Registration

(1) Every professional fundraising consultant shall file with the department FDACS-10104, Professional Fundraising Consultant Registration Application, Rev. 12/24, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17405.

(2) A professional fundraising consultant must notify the department of all material changes in the information filed with the department within 7 working days of the material change. For convenience, a sample material change form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500 or accessed online at www.FDACS.gov.

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.409, 570.161 FS. History–New 3-25-12, Amended 1-19-14, 4-16-15, 1-16-25.

Fla. Admin. Code R. 5J-7.010 Professional Solicitor Registration

(1) Every professional solicitor providing fundraising services for an organization who will solicit funds in or from this state shall file with the department FDACS-10101, Professional Solicitors Registration Application, Rev. 12/24, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17406.

(2) Each officer, director, trustee, or owner of a professional solicitor and an employee of a professional solicitor conducting telephonic solicitations during which a donor’s or potential donor’s personal financial information is requested or provided must, before engaging in solicitation activities, file with the department FDACS-10120, Professional Solicitor Individual License Application, Rev. 12/24, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17407.

(a) Applicants for an individual solicitor’s license will be allowed to engage in solicitation activities under an interim operating authority until such time as the department notifies the applicant of denial or approval of licensure. In no event shall the interim operating authority exceed a period of 90 days.

(b) In the event a license is denied, the interim operating authority shall immediately terminate and the applicant for an individual solicitor’s license shall immediately discontinue operating as a solicitor.

(3) Professional solicitors and individual solicitor licensees must notify the department of all material changes in the information filed with the department within 10 days of the material change. For convenience, a sample material change form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500 or accessed online at www.FDACS.gov.

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.410, 496.4101, 560.161 FS. History–New 3-25-12, Amended 1-19-14, 4-16-15, 1-16-25.

Fla. Admin. Code R. 5J-7.011 Notice of Commencement of Solicitations

No less than 15 days before commencing any solicitation campaign or event, the professional solicitor must file with the department FDACS-10105, Notice of Commencement of Solicitation Rev. 12/24, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17408.

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.410(6), 560.161 FS. History–New 3-25-12, Amended 1-19-14, 4-16-15, 1-16-25.

Fla. Admin. Code R. 5J-7.012 Financial Report of Campaign

Within 45 days after a solicitation campaign has been completed and within 45 days after the anniversary of the commencement of a solicitation campaign lasting more than 1 year, the professional solicitor must provide to the charitable organization or sponsor and file with the department FDACS-10106, Professional Solicitors Financial Report of Campaign Rev. 12/24, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17409.

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.410(8), 570.161 FS. History–New 3-25-12, Amended 1-19-14, 4-16-15, 1-16-25.

Fla. Admin. Code R. 5J-7.013 Disaster Relief

Unless exempted pursuant to Section 496.4072, F.S., every charitable organization or sponsor that solicits contributions in this state for a charitable purpose related to a specific disaster or crisis and receives at least $50,000 in contributions in response to such solicitation shall file quarterly disaster relief financial statements with the department. On the last day of the 3rd month following the accrual of at least $50,000 in contributions the charitable organization or sponsor shall file FDACS-10121, Solicitation of Contributions Disaster Relief Quarterly Report, 11/14, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Solicitation of Contributions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05138.

History

• Rulemaking Authority 496.424 FS. Law Implemented 496.4072 FS. History–New 4-16-15.

Chapter 5J-8 DANCE STUDIOS

Fla. Admin. Code R. 5J-8.001 Purpose

History

• Rulemaking Authority 501.143(12) FS. Law Implemented 501.143 FS. History–New 3-22-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-8.002 Definitions

History

• Rulemaking Authority 501.143(12) FS. Law Implemented 501.143 FS. History–New 3-22-93, Amended 5-24-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-8.003 Registration

History

• Rulemaking Authority 501.143(12) FS. Law Implemented 501.143(3), (4), (5) FS. History–New 3-22-93, Amended 6-23-94, 5-24-95, 2-11-98, 9-14-03, 3-8-12, Repealed 10-21-14.

Fla. Admin. Code R. 5J-8.004 Contract Requirement

History

• Rulemaking Authority 501.143(12) FS. Law Implemented 501.143(4) FS. History–New 3-22-93, Repealed 5-24-95.

Fla. Admin. Code R. 5J-8.005 Security Requirement

History

• Rulemaking Authority 501.143(12) FS. Law Implemented 501.143(5) FS. History–New 3-22-93, Amended 6-23-94, Repealed 5-24-95.

Fla. Admin. Code R. 5J-8.006 Consumer Claims

History

• Rulemaking Authority 501.143(12) FS. Law Implemented 501.143 FS. History–New 3-22-93, Amended 6-23-94, Repealed 5-24-95.

Chapter 5J-9 SELLERS OF TRAVEL

Fla. Admin. Code R. 5J-9.001 Purpose

History

• Rulemaking Authority 559.927(7)(c) FS. Law Implemented 559.927 FS. History–New 10-6-93, Repealed 6-4-95.

Fla. Admin. Code R. 5J-9.0015 Definitions

(1) The definitions contained in Section 559.927, F.S., and the following shall apply:

(2) Same ownership and control – means one of the following:

(a) If a corporation, at least 51% of the stock or shares of the business has been held by the same person or persons for three consecutive years, or

(b) If a partnership, at least 51% of the business interest has been held by the same person or persons for three consecutive years.

History

• Rulemaking Authority 559.9355(3) FS. Law Implemented 559.935(2) FS. History–New 2-8-94, Amended 11-6-95.

Fla. Admin. Code R. 5J-9.002 Registration, Document Submission

(1) Any person who intends to operate as a seller of travel shall submit FDACS-10200, Sellers of Travel Registration Application, Rev. 04/19, hereby incorporated by reference, along with the applicable non-refundable registration fee specified by Section 559.928(2), F.S., to the department at the time of registration. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-10658. Businesses may also apply or renew their license online at www.FDACS.gov.

(2) Pursuant to Section 559.928(2)(c), F.S., the following persons are eligible for a waiver of the initial registration fee: an honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. Pursuant to Section 559.928(2)(d), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the renewal date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit FDACS-10991, Military Fee Waiver Request, Rev. 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits the Sellers of Travel Registration Application referenced in subsection (1) above.

(3) An independent agent claiming an exemption from registration shall file with the department FDACS-10211, Sellers of Travel Independent Sales Agents Application, Rev. 02/17, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08465.

(4) Each seller of travel which sells or intends to sell vacation certificates shall, prior to the sale of any vacation certificate, file with the department an annual submission fee of $100 such documents as required by Section 559.9295, F.S.

History

• Rulemaking Authority 559.9355(3), 570.07(23) FS. Law Implemented 559.928, 559.9295(16), 559.935(3) FS. History–New 10-6-93, Amended 1-3-95, 6-4-95, 12-27-95, 2-11-98, 10-21-03, 3-29-12, 4-5-15, 7-26-17, 7-11-19.

Fla. Admin. Code R. 5J-9.0021 Student Tour Operator

A seller of travel seeking to be an approved student tour operator pursuant to Section 559.9281, F.S., must register or be registered as a seller of travel pursuant to subsection 5J-9.002(1), F.A.C., and must submit FDACS-10214, Sellers of Travel Student Tour Operator, 02/17, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08466.

(1) In addition to being registered as a seller of travel, an applicant student tour operator must annually provide proof of the following:

(a) Insurance coverage issued by a company authorized to transact business in this state, in the following amounts:

1. General liability of at least $1,000,000,

2. Professional liability of at least $1,000,000; and,

3. Workers compensation coverage of at least $500,000 or proof of exemption for fewer than four (4) employees.

(b) The applicant is current on all state and local business taxes.

(2) A student tour operator and any employee, agent, or independent contractor of the student tour operator whose duties may lead to contact with students must maintain a current Level 2 security clearance with the Florida Department of Education in accordance with the Jessica Lunsford Act, Sections 1012.465-1012.468, F.S.

(3) Failure to meet the requirements set forth in Sections 559.926-559.939, F.S., and this rule chapter shall result in the denial of an applicant’s request to be an approved student tour operator.

(4) Failure to maintain compliance with the requirements of Section 559.9281, F.S., and this rule shall result in the seller of travel’s removal from the Department’s list of approved student tour operators.

(5) An approved student tour operator shall immediately notify the Department if, at any time during the registration period, the student tour operator falls out of compliance with the requirements of Section 559.9281, F.S., or this rule.

History

• Rulemaking Authority 559.9281(2), 559.9355(3), 570.07(23) FS. Law Implemented 559.9281 FS. History–New 7-26-17.

Fla. Admin. Code R. 5J-9.003 Exemption

History

• Rulemaking Authority 559.927(9)(c) FS. Law Implemented 559.927(12) FS. History–New 10-6-93, Amended 2-8-94, 1-3-95, Repealed 6-4-95.

Fla. Admin. Code R. 5J-9.004 Submission of Documents by Sellers of Travel

History

• Rulemaking Authority 559.927(7)(c) FS. Law Implemented 559.927(4) FS. History–New 10-6-93, Amended 2-8-94, Repealed 6-4-95.

Fla. Admin. Code R. 5J-9.0041 Vacation Certificates – Right to Cancel

If the purchaser of a vacation certificate exercises the right of cancellation, the cancellation shall apply to all sellers of travel involved in the sale or fulfillment of the vacation certificate provided for in the certificate. The seller of travel receiving the cancellation notice shall notify any other seller of travel affected by the cancellation.

History

• Rulemaking Authority 559.9355(3) FS. Law Implemented 559.933 FS. History–New 1-3-95.

Fla. Admin. Code R. 5J-9.005 Consumer Claims

History

• Rulemaking Authority 559.927(7)(c) FS. Law Implemented 559.927(8) FS. History–New 10-6-93, Repealed 6-4-95.

Fla. Admin. Code R. 5J-9.006 Security Requirement

(1) Prior to engaging in any activities as a seller of travel, each seller of travel shall file with the department an original performance bond in an amount determined by subsection (2), below. The applicant shall utilize the Surety Bond form, included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/19, incorporated by reference in Rule 5J-9.002, F.A.C.

(2) The amount of the security for sellers of travel that do not offer vacation certificates shall be $25,000; however, the seller of travel may apply for a reduction by completing the Request for security reduction included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/19, incorporated by reference in Rule 5J-9.002, F.A.C., and providing copies of its federal income tax return or an audited financial statement for the immediately preceding fiscal year. To qualify for reduction of the security, the seller of travel must have a satisfactory consumer complaint history. The amount of the security reduction shall be determined by the seller of travel’s dollar amount of gross annual sales, as follows:

(a) A business that has been in operation under the same ownership and control for at least one year with under $500,000 in gross annual sales, may request to reduce its security to $10,000.

(b) A business that has been in operation under the same ownership and control for at least one year with gross annual sales between $500,000 and $1,000,000, may request to reduce its security to $15,000.

(c) A business that has been in operation under the same ownership and control for at least one year with gross annual sales between $1,000,000 and $2,000,000, may request to reduce its security to $20,000.

(3) The amount of the security for a newly established business or a business under new ownership shall be $25,000; however, the seller of travel may apply to reduce its security to $10,000 by completing the Request for security reduction included in FDACS-10200 Sellers of Travel Registration Application, Rev. 04/19, incorporated by reference in Rule 5J-9.002, F.A.C. To be eligible for a reduction in security, a newly established seller of travel must meet the following criteria:

(a) Has not been in operation for more than one year;

(b) None of its owners, directors, officers, or general partners have had any civil, criminal, or administrative action instituted against him in the vacation or travel business, and none of its owners, directors, officers, or general partners have been affiliated with any seller of travel that has had any civil, criminal, or administrative action instituted against it in the vacation or travel business; and

(c) None of its owners, directors, officers, or general partners have an unsatisfactory consumer complaint history with the department or have been affiliated with any seller of travel that has had an unsatisfactory consumer complaint history with the department.

(4) The department shall deny or revoke the security reduction if the seller of travel:

(a) Fails to timely register as a seller of travel;

(b) Fails to timely post security;

(c) Has an unsatisfactory consumer complaint history with the department, or

(d) Violates any other provision of Sections 559.926-.929, F.S., or this chapter.

(5) Claims against a bond shall be submitted on FDACS-10212, Sellers of Travel Claim Affidavit, Rev. 02/17, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Sellers of Travel, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08467.

History

• Rulemaking Authority 559.929(2), (3), 559.9355(3), 570.07(23) FS. Law Implemented 559.929 FS. History–New 2-8-94, Amended 6-4-95, 11-6-95, 12-27-95, 2-11-98, 10-21-03, 4-5-15, 7-26-17, 7-11-19.

Fla. Admin. Code R. 5J-9.007 Security Waiver

History

• Rulemaking Authority 559.927(9)(c) FS. Law Implemented 559.927(10)(b)5. FS. History–New 2-8-94, Amended 1-3-95, 6-4-95, Repealed 11-6-95.

Fla. Admin. Code R. 5J-9.008 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Sections 559.926-559.939, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the violator by the department. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Sections 559.926-559.939, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, or through civil litigation for violations of Sections 559.926-559.939, F.S., and this rule chapter.

(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and,

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Sections 559.926-559.939, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. If a notice of noncompliance is imposed for an initial violation, a second violation within a three-year period shall result in a fine of at least $1,000 not to exceed $2,500. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in subsection (8), below.

(a) Aggravating factors shall include:

1. The violation caused, or has the potential to cause, serious injury to a person.

2. The violation endangered the public safety or welfare.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a Notice of Noncompliance, or suspension or revocation of license.

4. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

5. The violation resulted from an intentional act.

6. The cost of the enforcement action.

7. The number of other violations proven in the same proceeding.

8. The benefit to the violator.

(b) Mitigating factors shall include:

1. Any documented efforts by the violator at rehabilitation or corrective action.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with Sections 559.926-559.939, F.S., or this rule chapter.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. The disciplinary history of the person committing the violation.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(8) Penalties.

(a) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Noncompliance as the department’s first response to the violation. In addition, the following statutory violation shall result in the issuance of a Notice of Noncompliance for the first violation only: A violation of Section 559.9335(11), F.S.

(b) Minor Violations. Minor violations shall result in imposition of a fine ranging from $1,000 to $2,500. The following statutory violations shall be considered minor violations:

1. Failure to comply with Sections 559.9295(1)-(16), F.S.

2. Violations of Section 559.9335(15), F.S.

3. A subsequent occurrence of any of the violations enumerated in paragraph (8)(a), above.

(c) Major Violations. Major violations shall result in the imposition of an administrative fine of $1,000 to $5,000, refusing to register, suspension, or revocation of the license as prescribed in section 559.9355(1)(d), F.S., or any of the penalties as prescribed in Sections 559.9355(1)(c), (e)-(f), F.S. The following violations shall be considered major violations:

1. Failure to comply with any provision of Section 559.931, F.S.

2. Failure to comply with Section 559.932, F.S.

3. Violations of Section 559.933, F.S.

4. Violations of Section 559.9335(1)-(10), (12)-(14), or (16)-(25), F.S.

5. Any willful violation of Sections 559.926-559.939, F.S.

(9) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to Section 120.57(4), F.S. The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or Sections 559.926-559.939, F.S.

(10) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation. The department shall impose the maximum administrative fine amount of $5,000 per violation pursuant to a Class II violation as referenced in Sections 559.9355(1)(b) and 570.971, F.S., for a default Final Order.

(11) A violator’s failure to comply with a Final Order shall result in a registration denial or revocation pursuant to Section 559.9355(1)(d), F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 559.9355(3), 570.07(23) FS. Law Implemented 559.9355, 570.971(4) FS. History–New 4-5-15, Amended 5-25-16, 7-26-17.

Chapter 5J-10 SALE OR LEASE OF BUSINESS OPPORTUNITIES

Fla. Admin. Code R. 5J-10.001 Definitions

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 559.801, 559.803, 559.805 FS. History–New 11-15-94, Amended 6-4-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-10.002 Franchises

Every franchisor claiming an exemption pursuant to section 559.802, F.S., shall file DACS Form 10500, Franchise Exemption Application, Rev. 07/11, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Attention: Business Opportunities, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-00983. The franchisor shall submit a nonrefundable filing fee of $100 with DACS Form 10500. The exemption may be renewed each year by filing DACS Form 10500 and paying a renewal fee of $100.

History

• Rulemaking Authority 559.802(4), 559.813(8), 570.07(23) FS. Law Implemented 559.802 FS. History–New 11-15-94, Amended 6-4-95, 10-21-03, 3-8-12.

Fla. Admin. Code R. 5J-10.003 Filings, Advertisement Identification Number

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 559.805 FS. History–New 11-15-94, Amended 6-4-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-10.004 Initial Funds Required

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 559.801 FS. History–New 11-15-94, Repealed 6-4-95.

Fla. Admin. Code R. 5J-10.005 Security Requirement

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 559.807 FS. History–New 11-15-94, Repealed 6-4-95.

Fla. Admin. Code R. 5J-10.006 Registration

History

• Rulemaking Authority 559.802(4), 559.813(8) FS. Law Implemented 559.805 FS. History–New 3-8-12, Repealed 10-21-14.

Chapter 5J-11 LEMON LAW RULES

Fla. Admin. Code R. 5J-11.001 Purpose

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Repealed 6-5-95.

Fla. Admin. Code R. 5J-11.002 Definitions

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.003 Certification of Dispute-settlement Procedures

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.004 Notification

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.005 Filing of Claim with Certified Dispute-settlement Procedure

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.006 Decisions

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, 2-25-01, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.007 Submission of Information to the Division

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.008 Motor Vehicle Inspections

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.009 Records

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.010 Annual Report

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Amended 6-5-95, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.011 Hearings or Meetings

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Repealed 10-21-14.

Fla. Admin. Code R. 5J-11.012 Employees and Decisionmakers

History

• Rulemaking Authority 681.108 FS. Law Implemented 681.108 FS. History–New 12-5-93, Repealed 6-5-95.

Chapter 5J-12 MOTOR VEHICLE REPAIR ACT

Fla. Admin. Code R. 5J-12.001 Definitions

For the purposes of these rules, the definitions contained in Section 559.903, F.S., and the following apply:

(1) “Established place of business” means that physical location noted on the business tax receipt issued to the motor vehicle repair shop pursuant to Chapter 205, F.S. If the county or municipality has adopted no local business tax receipt requirement pursuant to Chapter 205, F.S., the term means that physical location where motor vehicle repairs are performed, or records, equipment, or tools used for the conduct of the business of motor vehicle repair are housed or stored.

(2) “Motor vehicle repair shop” includes persons performing electronic diagnostic work on motor vehicles; it does not include independent contractors to which a portion of the motor vehicle repair work is subcontracted if:

(a) The independent contractor is located at a separate facility and is not otherwise engaged in motor vehicle repair; and,

(b) The motor vehicle repair shop subcontracting the work remains responsible to the customer for the work performed.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 559.903(6), (7), 559.904(7), (9) FS. History–New 1-18-95, Amended 11-29-95, 2-11-98, 4-24-13.

Fla. Admin. Code R. 5J-12.002 Registration

(1) Any person who intends to operate a motor vehicle repair shop shall, prior to offering motor vehicle repair services, apply for and obtain a registration certificate from the department using FDACS-10900, Motor Vehicle Repair Registration Application, Rev. 04/25, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, Attention: Motor Vehicle Repair, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-18064.

(2) If the motor vehicle repair shop is located in a municipality or county that has an ordinance containing standards that the department has determined are at least equal to the requirements of the Florida Motor Vehicle Repair Act, no biennial registration fee is required, but the motor vehicle repair shop must register with the department and provide a copy of the current registration issued by the municipality or county.

(3) Pursuant to Section 559.904(3)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: an honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. Pursuant to Section 559.904(3)(c), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the renewal date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit FDACS-10991, Military Fee Waiver Request, 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits the Motor Vehicle Repair Registration Application referenced in subsection (1) above.

(4) The department shall provide a 11'' x 17'' sign with 30 point type to each registered motor vehicle repair shop to be posted pursuant to Section 559.916, F.S. The Motor Vehicle Repair sign, FDACS P-01516, Rev. 04/25, is hereby incorporated by reference. A sample copy of the sign may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-18065. The registration certificate shall be attached to the sign by the registrant in the designated area. The sign with the accompanying registration certificate shall be conspicuously displayed at the customer service area in full view of the motor vehicle repair shop’s customers.

(5) If the registrant has multiple customer service areas and the area is configured so that a single sign and accompanying registration certificate cannot be posted in full view of the motor vehicle repair shop’s customers, the registrant may request from the department only such copies of the sign and registration certificate sufficient to comply with these rules.

History

• Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904, 559.916 FS. History–New 1-18-95, Amended 5-24-95, 2-11-98, 1-20-03, 11-4-03, 6-27-05, 11-22-05, 3-8-12, 4-16-15, 2-23-17, 7-11-19, 2-22-24, 6-17-25.

Fla. Admin. Code R. 5J-12.003 Changes in Ownership, Location, Name

(1) If the ownership of a particular location where motor vehicle repair is performed is changed:

(a) The new owner shall be considered a new motor vehicle repair shop, and shall be required to register pursuant to Section 559.904, F.S.

(b) The current owner shall notify the Department of such changes within 15 business days by submitting to the Department the following:

1. Written correspondence from the registrant giving notice of the change in ownership; and,

2. The original current registration certificate which was issued to the registrant.

(2) If the particular location where the motor vehicle repair shop performs motor vehicle repair is changed, or if the name of the motor vehicle repair shop is changed, without changing ownership, the registrant shall provide to the Department within 15 business days the following:

(a) Written correspondence from the registrant giving notice of the change in location or name; and,

(b) The original current registration certificate which was issued to the registrant.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 559.904, 559.920(15) FS. History–New 1-18-95, Amended 5-24-95, 11-29-95, 2-11-98.

Fla. Admin. Code R. 5J-12.004 Advertising

(1) The requirement that the repair shop include the registration number in advertising, announcements, or listings shall not apply to the mere listing of the business name and telephone number in a telephone directory which is customarily done at no charge to the business.

(2) If registrants with more than one place of business utilize a single display advertisement, and a consecutive series of registration numbers has been issued to the registrants, the registrants may use a statement disclosing the range of registration numbers issued to the registrants named in the advertisement to satisfy the requirements of Section 559.916(2), F.S.

History

• Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.916(2) FS. History–New 1-18-95, Amended 4-16-15.

Fla. Admin. Code R. 5J-12.005 Educational Assistance Program

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 559.922 FS. History–New 11-22-05, Repealed by Section 36, Chapter 2012-67, Laws of Florida, 7-1-12.

Fla. Admin. Code R. 5J-12.006 Denials

The purpose of this rule part is to implement Sections 559.904(10)(b), (c) and (d), F.S. It is a ground for denial of registration if the department finds that the applicant, or any of its directors, officer, owners, or general partners:

(1) Has not satisfied a civil fine, administrative fine, or other penalty arising out of any administrative or enforcement action brought by any governmental agency based upon conduct involving fraud or dishonest dealing, or any violation of the Florida Motor Vehicle Repair Act;

(2) Has had against them any civil, criminal, or administrative adjudication in any jurisdiction within the last five (5) years based upon conduct involving fraud, dishonest dealing, or any violation of the Florida Motor Vehicle Repair Act;

(3) Has had a judgment entered against them within the last five (5) years in any action brought by the department or the state attorney pursuant to the Florida Deceptive and Unfair Trade Practices Act or the Florida Motor Vehicle Repair Act.

History

• Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904(10) FS. History–New 4-16-15.

Fla. Admin. Code R. 5J-12.007 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Sections 559.901-559.9221, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the violator by the department. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Sections 559.901-559.9221, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, or through civil litigation for violations of Sections 559.901-559.9221, F.S., and this rule chapter.

(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and,

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Sections 559.901-559.9221, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in subsection (8) below.

(a) Aggravating factors shall include:

1. The violation caused, or has the potential to cause, serious injury to a person.

2. The violation endangered the public safety or welfare.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a Notice of Noncompliance, or suspension or revocation of license.

4. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

5. The violation resulted from an intentional act.

6. The cost of the enforcement action.

7. The number of other violations proven in the same proceeding.

8. The benefit to the violator.

(b) Mitigating factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with Sections 559.901-559.9221, F.S., or this rule chapter.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. The violator took corrective action.

7. The disciplinary history of the person committing the violation.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(8) Penalties.

(a) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Noncompliance as the department’s first response to the violation. In addition, the following statutory violations shall result in the issuance of a notice of noncompliance for the first violation only: Violations of any provision contained in Section 559.916, F.S.

(b) Minor Violations. Minor violations shall result in imposition of a fine of up to $500. The following statutory violations shall be considered minor violations:

1. Failure to comply with Sections 559.905(1), (2) or (4), F.S.

2. Failure to comply with Section 559.911, F.S.

3. Failure to comply with Section 559.915, F.S.

4. Violations of Sections 559.920(11), (14)-(15), F.S.

5. A subsequent occurrence of any of the violations enumerated in paragraph (8)(a), above.

(c) Major Violations. Major violations shall result in the imposition of an administrative fine of up to $1,000, denial, suspension, or revocation of the license as prescribed in Section 559.904, F.S., or any of the penalties as prescribed in Sections 559.921(4)(b)2.-5., F.S. The following violations shall be considered major violations:

1. Violations of Section 559.907, F.S.

2. Violations of Section 559.909, F.S.

3. Violations of Sections 559.920(1)-(10), (12), (16)-(20), F.S.

4. Violations of Section 559.904(11), F.S.

5. Any willful violation of Sections 559.901-559.9221, F.S.

(9) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to Section 120.57(4), F.S. The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or Sections 559.901-559.9221, F.S.

(10) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation. The department shall impose the maximum administrative fine amount of $1,000 per violation pursuant to a Class I violation as referenced in Sections 559.921(4)(b)2. and 570.971, F.S., for a default Final Order.

(11) A violator’s failure to comply with a Final Order shall result in a registration denial or revocation pursuant to Section 559.904(10)(b), F.S., and the posting of a “Closed by Order of the Department” sign pursuant to Section 559.904(11), F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 559.92201, 570.07(23) FS. Law Implemented 559.904(10)(b), (11), 559.921(4), 570.971(4) FS. History–New 4-16-15, Amended 7-13-16, 1-1-20, 2-22-24.

Chapter 5J-13 FLORIDA PAWNBROKING ACT

Fla. Admin. Code R. 5J-13.001 Definitions

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 539.001(4), (5) FS. History–New 12-10-96, Repealed 7-11-22.

Fla. Admin. Code R. 5J-13.002 Licensing Requirements

(1) Applicants for licensure shall use FDACS-10111, Pawnbroking Registration Application, Rev. 04/19, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Attention: Pawnshops, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-10657.

(2) Pursuant to section 539.001(3)(c), F.S., the following persons are eligible for a waiver of the initial registration fee: an honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member of the United States Armed Forces if the member dies while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. Pursuant to section 539.001(3)(g), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member of the United States Armed Forces who served on active duty within the 2 years preceding the renewal date, or the surviving spouse of a member of the United States Armed Forces if the member was serving on active duty at the time of death and died within the 2 years preceding the renewal. Persons seeking a fee waiver shall submit FDACS-10991, Military Fee Waiver Request, Rev. 10/18, incorporated by reference in rule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits the Pawnbroking Registration Application as referenced in subsection (1) above.

History

• Rulemaking Authority 539.001(21), 570.07(23) FS. Law Implemented 539.001(3)(c), (g), (5)(a), (b), (c), (8)(a), (b), (c) FS. History–New 12-10-96, Amended 3-8-12, 4-5-15, 3-30-17, 7-11-19.

Fla. Admin. Code R. 5J-13.003 Security Requirements

(1) Any person claiming to have a net worth of $50,000 pursuant to section 539.001(4)(a)2., F.S., shall file with the department, at the time of applying for a license, one of the following:

(a) A copy of their current financial statement prepared by a Florida certified public accountant; or

(b) The Pawnbroking Net Worth Affidavit included in FDACS-10111, Pawnbroking Registration Application, Rev. 04/19, incorporated by reference in rule 5J-13.002, F.A.C., or an affidavit provided by the applicant, stating the applicant’s net worth is at least $50,000. Each affidavit must be accompanied by relevant supporting documentation to substantiate the figures therein, including: recent bank statements, the applicant’s most recent federal tax return, property tax documents, or any other documentation relied upon by reasonable persons in valuing the types of assets and liabilities set forth in the affidavit; or

(c) If the applicant is a corporation, a copy of their most recently filed federal tax return.

(2) If filing a bond, letter of credit, or assignment of certificate of deposit pursuant to section 539.001(4), F.S., the applicant shall use the application forms included in FDACS-10111, Pawnbroking Registration Application, Rev. 04/19, incorporated by reference in rule 5J-13.002, F.A.C.

(3) Claims against a bond, letter of credit, or certificate of deposit shall be submitted on FDACS-10986, Pawnshop Claim Affidavit, Rev. 05/22, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer, 2005 Apalachee Parkway, Attention: Pawnshops, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14399.

History

• Rulemaking Authority 539.001(21), 570.07(23) FS. Law Implemented 539.001(4)(a)2. FS. History–New 12-10-96, Amended 3-8-12, 4-5-15, 3-30-17, 7-11-19, 7-11-22.

Fla. Admin. Code R. 5J-13.004 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under chapter 539, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the violator by the department. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with chapter 539, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, or through civil litigation for violations of chapter 539, F.S., and this rule chapter.

(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of chapter 539, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. If a Notice of Noncompliance is imposed for an initial violation, a second violation within a three-year period shall result in a fine of at least $500 not to exceed $2,500. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in subsection (8) below.

(a) Aggravating factors shall include:

1. The violation caused, or has the potential to cause, serious injury to a person.

2. The violation endangered the public safety or welfare.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a Notice of Noncompliance, or suspension or revocation of license.

4. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

5. The violation resulted from an intentional act.

6. The cost of the enforcement action.

7. The number of other violations proven in the same proceeding.

8. The benefit to the violator.

(b) Mitigating factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with chapter 539, F.S., or this rule chapter.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. The violator took corrective action.

7. The disciplinary history of the person committing the violation.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(8) Penalties.

(a) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Noncompliance as the department’s first response to the violation.

(b) Minor Violations. Minor violations shall result in imposition of a fine ranging from $500 to $2,500. The following statutory violations shall be considered minor violations:

1. Violations of any provision of, or failure to comply with, any requirement enumerated in, section 539.001(8), F.S., Pawn Transaction Form, unless the violation occurred in the commission of a violation of section 539.001(12)(n), F.S.

2. A subsequent occurrence of any of the violations enumerated in paragraph (8)(a), above.

(c) Major Violations. Major violations shall result in the imposition of an administrative fine of $1,000 to $5,000, denial, suspension, or revocation of the license as prescribed in section 539.001(7)(b)4., F.S., or any of the penalties as prescribed in sections 539.001(7)(b)3. or 539.001(7)(b)5., F.S. The following violations shall be considered major violations:

1. Violations of section 539.001(12), F.S.

2. Violations of the provisions of section 539.001(16), F.S.

3. Any willful violation of chapter 539, F.S.

(9) Nothing in this rule chapter shall prohibit the department and person charged with a violation from resolving violations prior to administrative hearing, or from entering into settlement pursuant to section 120.57(4), F.S. The department is authorized to utilize all available remedies to ensure compliance including administrative action, civil actions, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by chapters 120 or 539, F.S.

(10) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation. The department shall impose the maximum administrative fine amount of $5,000 per violation pursuant to a Class II violation as referenced in sections 539.001(7)(b)2. and 570.971, F.S., for a default Final Order.

(11) A violator’s failure to comply with a Final Order shall result in a license denial or revocation pursuant to section 539.001(7)(b)4., F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 539.001(21), 570.07(23) FS. Law Implemented 539.001, 570.971(4) FS. History–New 4-5-15, Amended 5-25-16.

Chapter 5J-14 GAME PROMOTION

Fla. Admin. Code R. 5J-14.001 Material Terms in Advertisements

For purposes of Section 849.094(3), F.S., any advertising copy shall include the following material terms in the game promotion’s rules and regulations:

(1) Name of the operator and game promotion;

(2) That no purchase is necessary to enter or play the game promotion;

(3) Start and end dates for entering the game promotion, consistent with the official full rules and regulations, including exact times if applicable;

(4) Who is eligible or not eligible to participate in the game promotion, with respect to age or geographic location;

(5) Disclosure of where the game promotion is void.

History

• Rulemaking Authority 570.07(23), 849.094(8) FS. Law Implemented 849.094(3) FS. History–New 11-22-05.

Fla. Admin. Code R. 5J-14.002 Electronic Documents

For purposes of Section 849.094(4), F.S., an operator of a game promotion may submit a surety bond electronically, pursuant to Chapter 668, F.S.

(1) A surety bond with an electronic signature shall not be accepted by the Department unless the surety bond expressly states that the surety is subject to valid claims submitted by or through the Department in accordance with Section 849.094, F.S.

(2) When necessary for the filing or enforcing of claims by the Department against surety bonds submitted electronically in accordance with Chapter 668 and Section 849.094, F.S., the Department shall use a printed copy of the electronically filed bond.

(3) By filing electronically, the operator of a game promotion agrees to conduct all transactions with the Department pursuant to Chapter 668, F.S.

(4) For purposes of Section 849.094(4), F.S., an operator of a game promotion may submit a Durable Power of Attorney with an electronic signature;

(5) A Durable Power of Attorney with an electronic signature may be applied to subsequent game promotions as long as the Durable Power of Attorney expressly states that it encompasses the subsequently filed promotions. The Durable Power of Attorney shall remain in effect until the Department receives cancellation in writing or through electronic means.

History

• Rulemaking Authority 849.094(8) FS. Law Implemented 849.094(4) FS. History–New 2-21-07.

Fla. Admin. Code R. 5J-14.003 Filing Requirements

(1) Any person who intends to conduct a game promotion in this state pursuant to Section 849.094, F.S., including electronic promotions, shall file with the department FDACS-10951, Game Promotion Filing Packet Rev. 09/13, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Game Promotions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg., Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03500.

(2) If filing a Statement of Trust Account pursuant to Section 849.094(4)(a), F.S., the applicant shall use the Statement of Trust Account terms included in FDACS-10951, Game Promotion Filing Packet, Rev. 09/13.

History

• Rulemaking Authority 849.094(8)(a) FS. Law Implemented 849.094(3), (4)(a), (b) FS. History–New 3-25-12, Amended 1-19-14.

Chapter 5J-15 HOUSEHOLD MOVING SERVICES

Fla. Admin. Code R. 5J-15.001 Registration

(1) Any person who intends to operate as a mover in this state shall first file with the department FDACS-10960, Mover (Intrastate) Registration Application, Rev. 05/25, hereby incorporated by reference, along with a registration fee pursuant to Section 507.03(3), F.S. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Household Movers, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-18122.

(2) Any person who intends to operate as a moving broker in this state shall first file with the department FDACS-10964, Moving Broker Registration Application, 05/25, hereby incorporated by reference, along with a registration fee pursuant to section 507.03(3), F.S. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Household Moving Brokers, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-18123.

(3) Pursuant to section 507.03(3)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: an honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. Pursuant to Section 507.03(3)(c), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the expiration date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit FDACS-10991, Military Fee Waiver Request, Rev. 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits the Household Moving Services Registration Application referenced in subsection (1) above.

History

• Rulemaking Authority 507.09(4), 570.07(23) FS. Law Implemented 507.03, 507.04, 507.05, 507.056 FS. History–New 3-8-12, Amended 10-27-13, 3-8-17, 7-11-19, 7-14-25.

Fla. Admin. Code R. 5J-15.002 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Chapter 507, F.S. The purpose of the guidelines is to give notice of the range of penalties that will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase the penalties to be imposed against the violator by the department. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $5,000 pursuant to the Class II category as provided in Sections 507.09(1)(b) and 570.971, F.S. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Chapter 507, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, or through civil litigation for violations of Chapter 507, F.S., and this rule chapter.

(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and,

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 507, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. If a Notice of Noncompliance is imposed for an initial violation, a second violation within a three-year period shall result in a fine of at least $1,000 not to exceed $5,000. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major violation as described in subsection (8) below.

(a) Aggravating Factors shall include, but not be limited to:

1. The violation caused, or has the potential to cause injury to a person.

2. The violation endangered the public safety or welfare.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a notice of noncompliance, or suspension or revocation of license.

4. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

5. The violation resulted from an intentional act.

6. The number of other violations proven in the same proceeding.

7. The benefit to the violator.

(b) Mitigating factors shall include, but not be limited to:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with Chapter 507, F.S., or this rule chapter.

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

6. The violator took corrective action within twenty-four (24) hours of receiving written notification of the violation.

7. The disciplinary history of the person committing the violation.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(8) Penalties.

(a) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Noncompliance as the department’s first response to the violation. In addition, a Notice of Noncompliance will be issued for failing to comply with Section 507.03(2), F.S.

(b) Minor Violations. A violation of Chapter 507, F.S., is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Minor violations shall result in imposition of a fine ranging from $1,000 to $2,500. The following statutory violations shall be considered minor violations:

1. Failure to comply with Section 507.03(5), F.S.

2. Failure to comply with Section 507.03(6), F.S.

3. Failure to comply with Section 507.03(7), F.S.

(c) Major Violations. A violation of Chapter 507, F.S., or this rule chapter is a major violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare, or creates a significant threat of such harm. Major violations shall result in the imposition of an administrative fine of $1,000 to $5,000, suspension or revocation of the license as prescribed in Section 507.09(1)(d), F.S., or any of the penalties as prescribed in Section 507.09(1)(b)-(e), F.S. The following violations shall be considered major violations:

1. Failure to comply with Section 507.03(1), F.S.

2. Failure to comply with Section 507.03(4), F.S.

3. Failure to comply with Sections 507.03(10), (11), and (12), F.S.

4. Failure to comply with any provision required in Section 507.04, F.S.

5. Failure to comply with any provision required in Section 507.05, F.S.

6. Failure to comply with any provision required in Section 507.056, F.S.

7. Failure to comply with any provision required in Section 507.06, F.S.

8. Any violation of Section 507.07, F.S.

9. Any willful violation of Chapter 507, F.S.

(9) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation.

(a) The department shall impose the maximum administrative fine amount of $5,000 per violation pursuant to a Class II violation as referenced in Section 507.09(1)(b), F.S. and in Section 570.971, F.S., for a default Final Order.

(b) The department shall impose an administrative fine in the amount of $10,000 per violation of Section 507.07(10), F.S., pursuant to a Class IV violation as referenced in Section 507.09(1)(b), F.S., and in Section 570.971, F.S., for a default Final Order.

(10) A violator’s failure to comply with a Final Order shall result in a license denial or revocation pursuant to Section 507.09(1)(d), F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 507.09(4), 570.07(23) FS. Law Implemented 507.056, 507.08, 507.09, 507.10, 507.11, 570.971(5) FS. History–New 11-24-15, Amended 4-22-18, 7-14-25.

Chapter 5J-17 PROFESSIONAL SURVEYORS AND MAPPERS

Fla. Admin. Code R. 5J-17.001 Probable Cause Panel

(1) The probable cause panel is the committee designated by law to determine whether the Department of Agriculture and Consumer Services has sufficient evidence to proceed in the prosecution of a violation of Chapter 472, F.S., as applicable provision of Chapter 177, F.S., or any rules of the Board or the Department promulgated pursuant to those chapters of Florida Law. The panel makes its decision in a confidential meeting based on evidence provided by the Department as a result of the Department’s investigation of a complaint which the Department has already determined to be legally sufficient.

(2) The chair shall appoint two members to serve on the probable cause panel, one of which must be either a present or former surveyor and mapper member of the Board. The other member shall be a present or former consumer member of the Board if one is available and willing to serve. However, the probable cause panel must, at all times, contain a present board member. Nothing herein shall be construed to limit to one the number of surveyor and mapper past Board members that the chair may appoint to the probable cause panel if there are more than two members appointed to that panel by the chair.

(3) A majority vote of the probable cause panel shall determine whether probable cause exists to believe that a violation has occurred of Chapters 472, 177, F.S. or Chapter 5J-17, F.A.C. In the event the two members of the probable cause panel fail to agree on any particular case, the chair of the Board shall assign a third person to the probable cause panel solely for the purpose of casting the decisive vote in that case. The third person shall be a member of the Board.

History

• Rulemaking Authority 472.008, 472.033(4) FS. Law Implemented 472.033(4) FS. History–New 2-7-91, Amended 3-23-93, Formerly 21HH-1.0051, Amended 5-31-95, 7-27-00, Formerly 61G17-1.0051, Amended 5-11-15.

Fla. Admin. Code R. 5J-17.002 Attendance at Board Meetings

(1) Board members shall attend all regularly scheduled Board meetings unless prevented from doing so by reason of court order, subpoena, business with a court which has the sole prerogative of setting the date of such business, death of a family member, or illness of the Board member, or illness within the member’s immediate family.

(2) No Board member may be absent from three consecutive regularly scheduled Board meetings unless the absence is excused for one of the reasons stated in subsection (1) of this rule. An absence for any reason other than the reasons stated in subsection (1), constitutes an unexcused absence for the purpose of declaring a vacancy on the Board. An otherwise excused absence is not excused if the Board member fails to notify the Board office of the impending absence prior to the regularly scheduled Board meeting at which the absence will occur or unless the failure to notify the Board office is the result of circumstances surrounding the reason for the absence which the Board itself excuses after the absence has occurred.

(3) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws.

(4) “Immediate family” consists of spouse, child, parents, parents-in-law, siblings, grandchildren, and grandparents.

History

• Rulemaking Authority 472.007 FS. Law Implemented 472.007 FS. History–New 3-23-93, Formerly 21HH-1.0071, Formerly 61G17-1.0071, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.003 Applications for Licensure: Approved Schools and Colleges

(1) For purposes of Section 472.013(2), F.S., colleges and universities accredited by a regional association of colleges and universities recognized by the United States Department of Education are deemed approved by the Board.

(2) Foreign colleges and universities accredited or approved by the national government of the country where the college or university is located, or by any national or regional entity approved or recognized by said government, are deemed approved by the Board.

History

• Rulemaking Authority 472.013(4) FS. Law Implemented 472.013(4) FS. History–New 1-3-80, Formerly 21HH-1.10, 21HH-1.010, Amended 5-31-95, 12-31-00, 2-23-05, Formerly 61G17-1.010, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.004 Board Member Compensation

(1) Board members shall be eligible to receive compensation of fifty dollars ($50.00) per day for attendance at regularly scheduled board meetings and also for attendance and participation in official board-related business. Examples of official board-related business include: meetings scheduled at the direction of the Board; committee meetings; committee or board workshops; meetings or conferences with Department staff or consultants; meetings or conferences attended at the request of the Commissioner or the Commissioner’s designee; judicial or administrative proceedings at which the board member appears as a witness or representative of the Board at the request of counsel to the Board; legislative meetings where discussion will be held concerning Chapter 472, F.S.; and legislative committee meetings where discussion will be held concerning Chapter 472, F.S.

(2) In the event a board member is present for a particular official meeting which is cancelled without prior notice, the board member shall be eligible for compensation provided the member was present at the scheduled time.

History

• Rulemaking Authority 472.007(5) FS. Law Implemented 472.007(5) FS. History–New 5-23-82, Formerly 21HH-1.11, 21HH-1.011, Amended 5-31-95, Formerly 61G17-1.011.

Fla. Admin. Code R. 5J-17.005 Security and Monitoring Procedures for Licensure Examination

History

• Rulemaking Authority 120.54(8), 472.0131 FS. Law Implemented 472.0131 FS. History–New 4-15-82, Formerly 21HH-1.13, 21HH-1.013, 61G17-1.013, Repealed 12-15-14.

Fla. Admin. Code R. 5J-17.006 Notice of Mailing Address and Places of Practice

(1) It shall be the duty and sole responsibility of each licensee and each corporation or partnership holding a certificate of authorization issued pursuant to Section 472.021, F.S., to provide written notification to the Department of the licensee’s or certificate of authorization holder’s current mailing address and place of practice. Each licensee and certificate of authorization holder shall also provide written notification to the Department of any changes to the mailing address or any additions to or deletion from the reported place of practice within thirty (30) days after the occurrence of the change, addition, or deletion. It is requested that all licensees and corporation or partnership holding a certificate of authorization issued pursuant Section 472.021, F.S., provide the Department with their email address when possible.

(2) The term “mailing address” shall mean the address at which the licensee and certificate of authorization holder wishes to receive all official communications, notifications, and correspondence from the Board or the Department through United States Postal Service delivery or for service of process.

(3) For licensees, the term “place of practice” shall mean the address of the primary location at which the licensee holds himself or herself out as qualified to engage in the practice of professional surveying and mapping.

(4) For each certificate of authorization holder, the term “place of practice” shall mean the address of the primary location where the certificate of authorization holder offers professional surveying and mapping services.

History

• Rulemaking Authority 455.275 FS. Law Implemented 455.275 FS. History–New 8-3-00, Formerly 61G17-1.019.

Fla. Admin. Code R. 5J-17.007 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States

Spouses of members of the United States Armed Forces are exempt from licensure renewal provisions, but only in cases of absence from the state because of their spouses’ duties with the United States Armed Forces. Copies of the military orders requiring the change in duty station must be sent to the Board office in order to qualify for the exemption. Upon receipt of the military orders by the Board office confirming exemption eligibility, the spouse’s license will be placed on inactive status with no fee required. Reactivation of the inactive license will not require payment of the fee set forth in Rule 5J-17.070, F.A.C. The license will remain in inactive status for up to two renewal cycles at which time the licensee must either renew this exemption, before expiration, by submitting a current set of orders establishing eligibility for the exemption or reactivate the license. The licensee may reactivate the license by submitting an application for change of status from inactive to active and will not be required to pay the fee set forth in Rule 5J-17.070, F.A.C., nor be required to comply with any rules setting conditions for reactivation of licensure, including continuing education requirements imposed by section 472.019, F.S. If a license is not reactivated nor the exemption renewed by the expiration date, the license shall become delinquent. Reactivation of the delinquent license will not require payment of the fee set forth in Rule 5J-17.070, F.A.C.

History

• Rulemaking Authority 472.016(2) FS. Law Implemented 472.016(2) FS. History–New 6-17-04, Formerly 61G17-1.020, Amended 7-11-19.

Fla. Admin. Code R. 5J-17.010 Grounds for Discipline

(1) Persons who wish to file a complaint alleging grounds for discipline may file the complaint by obtaining “Board of Professional Surveyors and Mappers Complaint Form,” FDACS-10065, Rev. 02/17, hereby incorporated by reference. The form may be obtained by mail by writing to: Executive Director of the Florida Board of Professional Surveyors and Mappers, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500 or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08759.

(2) Discipline follows an adjudication of guilt by the Board. In addition to violations of provisions set forth elsewhere in these rules, the following are grounds for discipline of any licensee.

(3) Licensees shall be disciplined for false, fraudulent, deceptive or misleading advertising.

(a) Advertising is false, fraudulent, deceptive or misleading if it: contains a material misrepresentation of fact; omits the statement of any material fact that is necessary to form a complete and accurate understanding of the advertisement; or is intended or is likely to create an unjustified expectation.

(b) Examples of false, fraudulent, deceptive or misleading advertisements include: a statement that a licensee is a certified specialist in any area outside the licensee’s field of expertise; a statement that the licensee’s education or experience in surveying and mapping is greater than it actually is; a statement that the licensee’s involvement with a surveying and mapping project will be greater than it actually will be.

(4) Licensees shall be disciplined for surveying and mapping which is negligently or incompetently performed. Surveying and mapping is negligently performed if the licensee’s violation of professional Standards of Practice causes harm to the licensee’s client or to the public. A final civil judgment against a licensee for negligence in the practice of surveying and mapping constitutes probable cause for the issuance of an administrative complaint against the licensee for a violation of this rule, except that nothing in this rule shall be construed to require such a final civil judgment for the purpose of finding probable cause.

(5) Licensees shall be disciplined for failing to abide by the Standards of Practice set out in Rule 5J-17.051 through 5J-17.053, F.A.C.

(6) Licensees shall be disciplined for violating Chapters 177 and 472, F.S., or rules promulgated pursuant to any of those chapters by either the Department of Agriculture and Consumer Services or the Board.

(7) Licensees shall be disciplined for failing to pay any final judgment entered against the licensee in any civil proceeding against the licensee involving the licensee’s practice of surveying and mapping;

(8) Licensees shall be disciplined for misconduct in the practice of surveying and mapping, including violations of paragraphs (a) through (c) hereof. Violations of Rule 5J-17.053, F.A.C., also constitute misconduct.

(a) Licensees may not perform a surveying and mapping assignment unless they are qualified by education or experience to perform the type of surveying and mapping which is the subject of the assignment.

(b) Licensees shall report to the Department of Agriculture and Consumer Services any person or business entity which the licensee knows is violating Chapters 177, 472, F.S., or any of the rules promulgated pursuant to those chapters by the Department of Agriculture and Consumer Services or the Board.

(c) Licensees may not practice surveying and mapping unless they maintain financial responsibility for the surveying and mapping projects they perform.

History

• Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.025, 472.027, 472.033, 472.0351(1)(f), (g), (h), (2) FS. History–New 1-3-80, Formerly 21HH-2.01, Amended 9-1-88, Formerly 21HH-2.001, Amended 6-1-95, 10-13-97, 9-19-06, Formerly 61G17-2.001, Amended 5-11-15, 11-13-17.

Fla. Admin. Code R. 5J-17.011 Disciplinary Guidelines

(1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners and applicants for licensure guilty of violating Chapter 472, F.S. The purpose of the disciplinary guidelines is to give notice to licensees and applicants of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 472, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 472, F.S., or the rules promulgated thereto, or other unrelated violations will be grounds for enhancement of penalties as outlined below. All penalties set forth in the guidelines include lesser penalties, i.e., reprimand and or course work which may be included in the final penalty at the Board’s discretion.

(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

(a) Violation of any provision of Section 472.031, F.S.;

(Section 472.0351(1)(a), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

Reprimand, $250 fine.

Denial or probation and $500.00 fine.

SECOND OFFENSE

Probation and $500 fine.

Denial or suspension followed by a term of probation and $750.00 fine.

THIRD OFFENSE

Suspension followed by a term of probation and $750.00 fine.

Revocation and $1,000.00 fine.

(b) Attempting to obtain, obtaining, or renewing a license to practice surveying and mapping by bribery or by fraudulent misrepresentation;

(Section 472.0351(1)(b), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

Reprimand, $250.00 fine.

Denial or suspension followed by a term of probation and $750.00 fine.

SECOND OFFENSE

denial or suspension followed by a term of probation and $750.00 fine.

Revocation and $1,000.00 fine.

(c) Having a license to practice surveying and mapping revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country;

(Section 472.0351 (1)(c), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$100.00 fine and same penalty imposed by the other jurisdiction.

Denial of licensure or $250.00 fine and suspension followed by probation.

SECOND OFFENSE

$250.00 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of probation.

Denial of licensure or $500 fine and revocation.

THIRD OFFENSE

$500.00 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of suspension.

Denial of licensure or $750 fine and permanent revocation.

(d) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of surveying and mapping or the ability to practice surveying and mapping;

(Section 472.0351 (1)(d), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine.

Denial of licensure or $500.00 fine and suspension to be followed by a term of probation.

SECOND OFFENSE

$500.00 fine and probation.

Denial of licensure or $1,000.00 fine and revocation.

(e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the capacity of a registered surveyor and mapper;

(Section 472.0351(1)(e), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine.

$500.00 fine and suspension to be followed by probation.

SECOND OFFENSE

$500.00 fine and probation.

$750.00 fine and suspension to be followed by probation.

THIRD OFFENSE

$750.00 fine and suspension to be followed by probation.

$1,000.00 fine and revocation.

(f) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content;

(Section 472.0351 (1)(f), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine.

$500.00 fine and probation.

SECOND OFFENSE

$500.00 fine.

$750.00 fine and suspension to be followed by probation.

THIRD OFFENSE

$750.00 fine and probation.

$1,000.00 fine and suspension to be followed by probation.

(g) Upon proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct, in the practice of surveying and mapping;

(Section 472.0351 (1)(g), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine and probation.

$750.00 fine and suspension to be followed by a term of probation.

SECOND OFFENSE

$750.00 fine and suspension to be followed by a term of probation.

$1,000.00 fine and revocation.

(h) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper; violating any provision of this chapter, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department;

(Section 472.0351(1)(h), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine, probation, and compliance with legal obligation.

$500.00 fine and probation or suspension.

SECOND OFFENSE

$500.00 fine and probation or suspension until compliance with legal obligation.

$750.00 fine and probation or suspension plus extended probation.

THIRD OFFENSE

$750.00 fine and probation or suspension until compliance with legal obligation plus extended probation.

$1,000.00 fine and revocation.

(i) Practicing on a revoked, suspended, inactive, or delinquent license;

(Section 472.0351(1)(i), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$1,000.00 fine and probation.

$1,000.00 fine, denial or suspension followed by probation or if already suspended an extended suspension followed by probation.

SECOND OFFENSE

$1,000.00 fine, denial or suspension followed by probation or if already suspended an extended suspension followed by probation.

$1,000.00 fine and revocation.

(j) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee;

(Section 472.0351(1)(j), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine.

Denial of licensure or $500.00 fine and suspension to be followed by a term of probation.

SECOND OFFENSE

$500.00 fine and probation.

Denial of licensure or $1,000.00 fine and revocation.

(k) Failing to report to the department any person who the the licensee knows is in violation of this chapter or the rules of the department or the board;

(Section 472.0351(1)(k), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine and compliance with rule.

$500.00 fine and suspension.

SECOND OFFENSE

$500.00 fine and suspension until compliance with rule.

$750.00 fine and suspension followed by probation.

THIRD OFFENSE

$750.00 fine and suspension until compliance with rule followed by probation.

$1,000.00 fine and revocation

(l) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, the chapter regulating the profession, or the rules of the department or the board;

(Section 472.0351(1)(l), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$100.00 fine and same penalty imposed by the other jurisdiction.

Denial of licensure or $250.00 fine and suspension followed by probation.

SECOND OFFENSE

$250.00 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of probation.

Denial of licensure or $500.00 fine and revocation.

THIRD OFFENSE

$500.00 fine and same penalty imposed by the other jurisdiction which at a minimum must include a term of suspension.

Denial of licensure or $750.00 fine and permanent revocation.

(m) Making deceptive, untrue, or fraudulent representations in or related to the practice of the professional surveying or mapping or employing a trick or scheme in or related to the practice of professional surveying or mapping;

(Section 472.0351(1)(m), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$500.00 fine and probation.

$750.00 fine, denial or suspension to be followed by a term of probation.

SECOND OFFENSE

$750.00 fine, denial or suspension to be followed by a term of probation.

$1,000.00 fine and denial or revocation.

(n) Exercising influence on the client for the purpose of financial gain of the licensee or a third party;

(Section 472.0351(1)(n), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$100.00 fine.

$250.00 fine and probation.

SECOND OFFENSE

$250.00 fine.

$500.00 fine and suspension to be followed by a term of probation.

THIRD OFFENSE

$500.00 fine and probation.

$750.00 fine and suspension to be followed by a term of probation

(o) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform;

(Section 472.0351(1)(o), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine

Denial of licensure or $500.00 fine and suspension to be followed by a term of probation.

SECOND OFFENSE

$500.00 fine and probation

Denial of licensure or $1,000.00 fine and revocation.

(p) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them;

(Section 472.0351(1)(p), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine.

$500.00 fine and suspension to be followed by probation.

SECOND OFFENSE

$500.00 fine and probation.

$750.00 fine and suspension to be followed by probation.

THIRD OFFENSE

$750.00 fine and suspension to be followed by probation.

$1,000.00 fine and revocation.

(q) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding;

(Section 472.0351(1)(q), F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine and probation.

$500.00 fine and denial or suspension followed by probation.

SECOND OFFENSE

$750.00 fine and probation.

$1,000.00 fine and denial or permanent revocation.

(r) Failing to perform any statutory or legal obligation placed upon a licensed surveyor and mapper pursuant to Chapter 177, F.S.

(Chapter 177 F.S.)

MINIMUM

MAXIMUM

FIRST OFFENSE

$250.00 fine, probation, and compliance with legal obligation.

$500.00 fine and probation or suspension until compliance with legal obligation.

SECOND OFFENSE

$500.00 fine and probation or suspension until compliance with legal obligation.

$750.00 fine and probation or suspension until compliance with legal obligation plus extended probation.

THIRD OFFENSE

$750.00 fine and probation or suspension until compliance with legal obligation plus extended probation.

$1,000.00 fine and revocation.

(3) When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the board, the board shall be entitled to deviate from the above guidelines in imposing discipline upon an applicant or licensee. Absence of any such evidence of aggravating or mitigating circumstances before the administrative law judge prior to the issuance of a recommended order shall not relieve the board of its duty to consider evidence of mitigating or aggravating circumstances. The Board shall consider as mitigating or aggravating circumstances the following:

(a) The degree of harm to the consumer or public;

(b) The number of counts in the administrative complaint;

(c) The disciplinary history of the applicant or licensee;

(d) The status of the applicant or licensee at the time the offense was committed;

(e) The degree of financial hardship incurred by a licensee as a result of the imposition of the fines or suspension of his practice;

(f) The length of time the licensee has practiced;

(g) The deterrent effect of the discipline imposed;

(h) Any efforts at rehabilitation;

(i) Actual knowledge of the licensee pertaining to the violation; and,

(j) Any other mitigating or aggravating circumstances.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.031, 472.0351 FS. History–New 3-13-03, Amended 3-17-04, 9-19-06, Formerly 61G17-2.0015, Amended 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.012 Payment of Fine

All fines imposed by the Board shall be paid within ninety (90) days from the date of the final order entered by the Board unless the final order extends the deadline in any given case.

History

• Rulemaking Authority 472.008, 472.0351(4)(b) FS. Law Implemented 472.0351(2)(c), (4)(b) FS. History–New 10-29-80, Formerly 21HH-2.02, 21HH-2.002, Amended 6-1-95, Formerly 61G17-2.002, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.013 Unauthorized Practice of Surveying and Mapping by or as Part of a Business Entity

(1) Definitions.

(a) “Business entity.” A business entity is a corporation, partnership, professional association, firm, or individual practicing under a fictitious name, engaged in the practice of surveying and mapping for public use.

(b) “Principal.” A principal of a business entity is a principal officer of a corporation, a partner in a partnership, or a person who has a financial interest in the professional association or firm. An individual practicing under a fictitious name is also a principal.

(2) A business entity may not provide surveying and mapping services to the public nor engage in the practice of surveying and mapping for public use unless the business entity first secures a certificate of authorization from the Board.

(3) Business entities may not provide surveying and mapping services to the public unless:

(a) One or more of the principal officers of the corporation is a registered surveyor and mapper, or

(b) One or more of the partners of the partnership is a registered surveyor and mapper, or

(c) One or more of the principals of a business entity which is not a corporation or a partnership is a registered surveyor and mapper.

(4) Surveyors and mappers may not practice surveying and mapping as part of a business entity unless:

(a) At least one of the principals of the business entity is a registered surveyor and mapper; and,

(b) All of the personnel of the business entity who act as surveyors and mappers either display current certificates of registration as surveyors and mappers licensed by the Board or are acting under the direct supervision of such a surveyor and mapper as surveyor and mapper trainees; and,

(c) The business entity displays a current Certificate of Authorization from the Board of Professional Surveyors and Mappers at its principal office.

(5) A business entity may be disciplined for any violation for which an individual surveyor and mapper may be disciplined.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.021, 472.0351 FS. History–New 3-12-92, Formerly 21HH-2.003, Amended 6-1-95, 5-17-00, Formerly 61G17-2.003.

Fla. Admin. Code R. 5J-17.014 Reapplication by Persons Whose Licenses Have Been Revoked by the Board

(1) Applicants whose licenses have been revoked by the Board may not reapply for licensure until at least seven (7) years have elapsed since the latter of the Board’s final order of revocation or the issuance of the final mandate from an appellate court affirming the revocation of licensure by the Board.

(2) The Board will not entertain any application for relicensure until and unless the applicant whose license has been revoked by the Board has complied with any order of the Board which imposed a fine or set conditions to be met by the applicant.

(3) Applicants whose licenses have been revoked by the Board must meet all the requirements for licensure that exist at the time of reapplication, including examination. In addition, applicants whose licenses have been revoked by the Board must appear before the Board. At that appearance and after discussion with the applicant, the Board may impose additional conditions on the applicant to satisfy the Board that the applicant is, through education obtained subsequent to the revocation of the applicant’s licensure, capable of adequately providing services to the public as a professional surveyor and mapper.

(4) The Board may place the applicant on probation as a condition of relicensure. The Board may also require education or therapy as a condition of relicensure. The Board may not, however, impose a fine as a condition of relicensure unless a previously imposed fine was not paid by the applicant within the time-frame which the applicant was to have paid the previous fine.

Rulemakingc Authority 472.0351 FS. Law Implemented 472.0351 FS. History–New 3-23-93, Formerly 21HH-2.004, Amended 6-1-95, Formerly 61G17-2.004.

Fla. Admin. Code R. 5J-17.015 Statement Regarding Lack of Insurance

In addition to the office sign required by Section 472.015, F.S., if neither the business entity nor the individual licensee has professional liability insurance, a written notification shall be provided directly to the client prior to commencement of any work, in the form of a written statement that clearly and conspicuously states to the client that neither the business entity nor the individual licensee has professional liability insurance. The notice shall be retained for a period of six years from the date of creation pursuant to paragraph 5J-17.053(5)(a), F.A.C.

History

• Rulemaking Authority 472.015 FS. Law Implemented 472.015 FS. History–New 2-20-96, Amended 12-6-06, Formerly 61G17-2.005, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.016 Time for Compliance With Final Order; Probation

(1) In cases where the Board imposes an administrative fine for a violation of Chapter 472, F.S., or of the rules promulgated thereunder, the penalty shall be paid within ninety (90) days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order.

(2) Failure to pay an administrative fine within the time specified in this rule or in the Board’s Order shall constitute grounds for further disciplinary action against the licensee.

(3) For purposes of this rule, the term “administrative fine” civil penalty shall include the assessment of any fines, costs associated with investigation and prosecution of the complaint, including attorney’s fees, if applicable, and restitution.

(4) In cases where the Board imposes probation and/or suspension for violation of Chapter 472, F.S., or of the rules promulgated thereunder, the following conditions shall apply:

(a) The licensee shall be required to appear before the Probation Committee of the Board at such times as directed by the Executive Director, or as specified in the Final Order.

(b) At each probation appearance, in connection with the submission of surveys as required by the licensee being placed on probation, the licensee shall answer questions under oath and shall provide a list of all surveys performed including type of survey, since the entry of the Final Order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department, the Board or the Probation Committee. The licensee shall forward said documentation to the Board in advance of the probation appearance.

(c) The burden shall be solely upon the licensee to remember the requirement for said appearance, and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department.

(d) Should the licensee violate any condition of probation, it shall be considered a violation of Section 472.0351(1)(h), F.S., and shall result in further disciplinary action by the Board.

(e) Should the licensee’s license to practice surveying and mapping be suspended or otherwise placed on inactive status, or if the licensee leaves the practice of surveying and mapping for thirty (30) days or more, the probation period shall be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of surveying and mapping, and the licensee shall then serve the time remaining in the term of probation.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.0202, 472.0351 FS. History–New 2-23-05, Formerly 61G17-2.006, Amended 10-17-12, 11-13-17.

Fla. Admin. Code R. 5J-17.020 Applications for Licensure: Experience

(1) To verify an applicant’s experience the Board will accept evidence as to employment from employers or supervisors who are registered surveyors and mappers, and if such evidence is unavailable, the Board will consider written documentation from a registered surveyor and mapper who has personal knowledge of the applicant’s experience. Such evidence shall set forth the quality and character of the applicant’s duties and responsibilities. A National Council of Examiners for Engineering and Surveying (NCEES) Record will be acceptable as evidence.

(2) The term “year” as appears in Section 472.013, F.S., when referring to an applicants’ experience record, is defined as twelve (12) months of full time employment as a subordinate to a registered surveyor and mapper in the active practice of surveying and mapping. Full time employment is at least 32 hours per week.

(3) Experience while in “responsible charge” gained through full time employment before an applicant has reached the age of eighteen (18) may not be used to meet the experience record requirements of Section 472.013, F.S., exceptions to said rule shall be made on a case by case basis subject to Board approval.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.013 FS. History–New 1-3-80, Amended 6-9-80, 1-11-84, Formerly 21HH-3.01, Amended 1-16-92, Formerly 21HH-3.001, Amended 5-30-95, 10-1-97, 5-17-00, 3-25-01, 7-7-09, Formerly 61G17-3.001, Amended 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.021 Applications for Licensure: Education

(1) To determine whether an applicant for licensure has met the educational requirements of Section 472.013(2)(a), F.S., the applicant must demonstrate that he/she has:

(a) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and,

(b) Completed a bachelor’s degree, its equivalent, or higher in surveying and mapping or a similar titled program, including geomatics, geomatics engineering, and land surveying from a college or university recognized by the board and accredited by the Accreditation Board for Engineering and Technology (ABET).

(2) To meet the educational requirements, an applicant who completed a non-ABET accredited program must have:

(a) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and

(b) Completed a bachelor’s degree, its equivalent, or higher in surveying and mapping or a similar titled program, including, but not limited to, geomatics, geomatics engineering, and land surveying that meets the following criteria:

1. Eighteen (18) minimum semester credits in communications, social science, and humanities;

2. Eight (8) minimum semester credits in physical and/or biological science;

3. Six (6) minimum semester credits in mathematics;

4. Thirty (30) minimum semester credits of surveying and mapping courses including but not limited to measurement theory, survey graphics, adjustments, cartography, photogrammetry, geodesy, computations, GIS theory, legal principles, survey practice, boundary surveying, topographic mapping, route surveying, construction surveying, subdivision design, geodetic surveying, and GIS applications; and,

5. Coverage of at least five (5) of seven (7) surveying and mapping science areas, which are: (1) field surveying instruments and methods, (2) land boundary principles, (3) photogrammetric mapping and image interpretation and remote sensing, (4) surveying calculation and data adjustments, (5) geodetic coordinates, (6) cartographic representation, projections, and map production, and (7) geographic information systems;

(3) To determine that an applicant for licensure has met the educational requirements of Section 472.013(2)(b), F.S., the applicant must demonstrate that he/she has:

(a) Graduated from a college or university approved by the Board pursuant to Rule 5J-17.003, F.A.C.; and

(b) Completed a bachelor’s degree, its equivalent, or higher, at an accredited college or university that does not conform to paragraph (1)(b) or subsection (2) of this section. The applicant must have completed a minimum of 25 semester hours from a college or university approved by the board in surveying and mapping subjects or in any combination of courses in civil engineering, forestry, mathematics, photogrammetry, land law, and the physical sciences.

(4) To verify the applicant’s education the applicant shall provide the Board an official transcript submitted directly from the college or university, or a National Council of Examiners for Engineering and Surveying (NCEES) Record submitted directly from NCEES.

(5) The Board shall make the final decision regarding qualifications of programs and shall determine whether an applicant shall be approved for admittance to the examination or for licensure by endorsement.

History

• Rulemaking Authority 472.008, 472.013 FS. Law Implemented 472.005, 472.013 FS. History–New 9-7-93, Amended 5-30-95, 10-1-97, 5-17-00, 11-2-00, 2-5-01, Formerly 61G17-3.0021, Amended 11-13-17, 7-15-18, 7-11-19.

Fla. Admin. Code R. 5J-17.022 Applications for Surveyor and Mapper Intern/Surveyor in Training

(1) To meet the educational requirements of Section 472.013(3) F.S., the applicant must:

(a) Obtain the required semester hours pursuant to Section 472.013(3)(a) or (b), F.S., in a college or university approved by the Board; and must:

(b) Provide an official transcript from the college or university, or a Letter of Good Standing as supplied in “Board of Professional Surveyors and Mappers Application for Surveyor in Training,” FDACS-10055, Rev. 11/22, incorporated by reference in paragraph 5J-17.029(1)(c), F.A.C., which was completed by the college or university, and if pursuing licensure under Section 472.013(3)(b), F.S., must:

(c) Provide evidence of specific surveying and mapping experience pursuant to Rule 5J-17.020, F.A.C.

(2) Approval of the Application for Surveyor in Training by the Board will allow the person to take the Fundamentals of Surveying (FS) examination.

History

• Rulemaking Authority 472.013 FS. Law Implemented 472.013 FS. History–New 11-13-17, Amended 7-15-18, 12-27-22.

Fla. Admin. Code R. 5J-17.025 Domestic Equivalency Education Program Criteria for Applicants Who Graduated from Non-ABET Accredited Surveying and Mapping Degree Programs

History

• Rulemaking Authority 472.013 FS. Law Implemented 472.008, 472.013 FS. History–New 1-29-07, Formerly 61G17-3.0025, Amended 11-13-17, Repealed 7-15-18.

Fla. Admin. Code R. 5J-17.026 Foreign Degree Evaluation

(1) To assist in determining whether an applicant for licensure with a foreign degree has met the educational requirements of Section 472.013(2)(a) or (b), F.S., the applicant must provide the Board with a foreign degree evaluation conducted either by Josef Silny & Associates, Inc., 7101 S.W. 102 Avenue, Miami, Florida 33173, or through the National Council of Examiners for Engineers and Surveyors (NCEES), 280 Seneca Creek Road, Seneca, South Carolina 29678, or any other nationally accepted organization offering equivalent services.

(2) The Board shall make the final decision regarding whether an applicant is approved for admittance to the licensure examination based upon the requirements set forth in Section 472.013, F.S.

History

• Rulemaking Authority 472.008, 472.013(4) FS. Law Implemented 472.013(4) FS. History–New 1-12-03, Formerly 61G17-3.003, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.027 Documentation of Substantially Equivalent Licensing Examination

History

• Rulemaking Authority 472.008 FS., Section 5, Chapter 2002-41, Laws of Florida. Law Implemented 472.008 FS., Section 5, Chapter 2002-41, Laws of Florida. History–New 10-23-02, Formerly 61G17-3.0031, Repealed 11-13-17.

Fla. Admin. Code R. 5J-17.028 Application for Retired Status

(1) A person wishing to apply for Retired Status shall submit a completed application to the Board by applying online at: https://csapp.800helpfla.com/csrep/. In lieu of completing an application online, an applicant shall obtain and complete the application entitled “Board of Professional Surveyors and Mappers Application For Retired Status,” FDACS-10053, Rev. 02/17, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08761. The Board shall certify as eligible for Retired Status any applicant who has completed the application form and who has chosen to relinquish or not to renew his or her license.

(2) Professional Surveyors and Mappers on Retired Status may use the term “Professional Surveyor and Mapper Retired or PLS Retired”; however, such surveyor or mapper shall refrain from any practice of surveying and mapping and the use of his or her seal. Any Professional Surveyor and Mapper in Retired Status who wishes to become active shall make application for licensure and meet the licensure criteria in effect at the time of application.

History

• Rulemaking Authority 472.008, 472.019 FS. Law Implemented 472.005(13), 472.019 FS. History–New 9-25-03, Formerly 61G17-3.004, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.029 Application Deadlines

(1)(a) Applicants applying for a professional surveyors and mappers examination shall submit their completed application no less than 45 days prior to a scheduled meeting of the Board. It is the affirmative obligation of the applicant to submit an application deemed complete by the Board prior to the aforementioned deadline.

(b) A person wishing to apply for licensure by examination or licensure by endorsement shall submit a completed application to the Board by applying online at: www.FDACS.gov. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Professional Surveyors and Mappers Application For Licensure By Examination or Endorsement,” FDACS-10050, Rev. 11/22, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14952. Applications deemed complete by the Board will be reviewed by the board or contracted vendor to determine eligibility at a date and time scheduled by the Board.

(c) A person wishing to apply for designation as a surveyor in training (SIT) shall submit a completed application to the Board by applying online at: www.FDACS.gov. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Professional Surveyors and Mappers Application For Surveyor In Training,” FDACS-10055, Rev. 11/22, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14954. Applicants shall submit their completed application or no less than 45 days prior to a scheduled meeting.

(d) Applicants for reexamination shall submit their completed applications no less than 21 days prior to the scheduled examination deadline set by the Department or contracted vendor.

(2)(a) An applicant will be rescheduled by the Department or contracted vendor for the next available examination if the applicant is unable to sit for the originally scheduled examination by reason of military service and submits to the Board a copy of the applicant’s military orders or a letter from the applicant’s commanding officer.

(b) An applicant’s examination will be rescheduled by the Department or contracted vendor, if the applicant demonstrates that there was a death in the immediate family, serious injury, illness, or other physical impairment which prevented the candidate from taking the examination. Any such request to reschedule an examination shall include a copy of a death notice or death certificate or a statement from the applicant’s treating physician which attests that such injury, illness or physical impairment prevented the applicant from taking the examination.

(c) Any requests for rescheduling of an examination shall be submitted to the Department, in writing no later than 21 days following the last day of the applicable examination.

History

• Rulemaking Authority 472.006, 472.008 FS. Law Implemented 472.011, 472.0131, 472.015, 472.0365 FS. History–New 10-17-12, Amended 11-13-17, 12-27-22.

Fla. Admin. Code R. 5J-17.030 Certification of Eligibility for Examination and Notification to Applicants

(1) The Department, or its designee, will review all applications for licensure by examination to determine completeness of the application.

(2) The Department shall make a determination whether an application is complete within thirty (30) days after receipt. The Board shall determine whether the applicant is qualified to take the licensure examination at the next available meeting of the Board. Applicants may attend the Board meeting when their application is considered, briefly address the Board, and submit evidence on their behalf. This eligibility determination shall be made within the time requirements of Section 120.60(1), F.S.

(3) If the Department or board determines that the applicant is not qualified to take the examination the applicant may petition for a hearing before an administrative law judge under Sections 120.569 and 120.57, F.S.

(4) After a decision is made by the Board that an applicant meets the lawful requirements for the licensure examination, the Department will submit the name of the applicant to the testing vendor for the next examination for which space is available.

(5) If all certified candidates cannot be scheduled for the next examination due to space, time, or other limitations beyond the control of the Department, the candidates will be scheduled chronologically according to the date each applicant submitted their application.

(6) The Department or vendor, if applicable, will notify applicants of the time, place, and date of the examination and provide the applicant with an official admission card or confirmation number, which will be required for admission to the examination. The Department or vendor shall inform the candidate of the length of the examination, subject content of the examination, and any special equipment or materials needed for the examination.

History

• Rulemaking Authority 472.008 FS. Law Implemented 120.60, 472.0131(1), 472.015 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.031 Written Examination Designated; General Requirements

(1) The examination shall consist of the following:

(a) National:

1. Principles and Practice Examination prepared by the National Council of Examiners for Engineering and Surveying (NCEES);

2. Fundamentals Examination prepared by the National Council of Examiners for Engineering and Surveying (NCEES);

(b) Florida:

Florida Jurisdictional Examination prepared by the Department or Board designee.

(2) Re-examination in the Principles and Practice Examination and the Fundamentals Examination will not be required for licensure if the applicant has successfully completed those NCEES portions previously; however, the Florida Jurisdictional Examinations will be required of all applicants.

(3) Only a non-annotated copy of Chapters 95, 161, 177, 472, 718 and Section 287.055, F.S., and Chapters 62B-33 and 5J-17, F.A.C., are permitted at the Florida Jurisdictional Examination testing site.

(4) Examination security requirements as set forth by the NCEES shall be followed throughout the administration of the NCEES Principles and Practice Examination and the NCEES Fundamentals Examination. Examination security requirements as set forth by the Department or its contracted vendor shall be followed throughout the administration of the Florida Jurisdictional Examination.

History

• Rulemaking Authority 472.008, 472.0131 FS. Law Implemented 472.013, 472.015, 472.0131 FS. History–New 1-3-80, Amended 6-9-80, 1-25-84, 5-22-85, Formerly 21HH-4.01, Amended 9-16-87, 8-30-92, Formerly 21HH-4.001, Amended 5-30-95, 11-15-95, 4-16-96, 8-10-97, 7-27-00, 10-31-08, 7-7-09, Formerly 61G17-4.001, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.032 Content of Examination

(1) The Fundamentals Examination shall be on surveying and mapping fundamentals and will include questions taken from subjects normally connected with requirements for basic fundamentals in the practice of surveying and mapping. The examination problems selection is made by the NCEES.

(2) The Principles and Practice Examination shall be based on professional practice and principles in surveying and mapping and will involve the applicant’s finding solutions to problems designed to test the applicant’s ability to apply acceptable surveying and mapping practice to problems which are representative of those commonly encountered in the profession of surveying and mapping. The examination problem selection is made by the NCEES.

(3) The Florida Jurisdictional Examination shall be based on Florida’s laws and rules regarding the practice of surveying and mapping. The following areas shall be tested on the examination and will be weighted approximately as designated:

Statute/Rule

Area Tested

Assigned Weight

Chapter 177, Part I, F.S.

Chapter 177, Part II, F.S.

Chapter 161, F.S.

Chapter 62B-33, F.A.C.

Chapter 177, Part III, F.S.

Platting

Coastal Mapping

Restoration of Corners

30%

Chapter 472, F.S.

Land Surveying and Mapping

15%

Chapter 718, F.S.

Condominiums

5%

Chapter 95, F.S.

Adverse Possession

5%

Rules 5J-17.001 to 5J-17.007, F.A.C.

Rules 5J-17.010 to 5J-17.016, F.A.C.

Rules 5J-17.040 to 5J-17.047, F.A.C.

Rules 5J-17.050 to 5J-17.053, F.A.C.

Rules 5J-17.060 to 5J-17.062, F.A.C.

Rules 5J-17.080 to 5J-17.085, F.A.C.

Organization & Purpose

Grounds for Discipline

Continuing Education

Standards of Practice

Seals, Signatures andCertificates of Authorization

Penalties

40%

Chapter 472, F.S., and

Section 287.055, F.S.

Department of Agriculture and Consumer Services – General

Provisions

Consultants’ Competitive Negotiation Act

5%

History

• Rulemaking Authority 472.0131, 472.027 FS. Law Implemented 472.0131, 472.027 FS. History–New 1-3-80, Amended 1-25-84, Formerly 21HH-4.02, Amended 9-16-87, 12-13-88, 8-30-92, Formerly 21HH-4.002, Amended 5-30-95, 5-17-99, 7-9-00, 10-31-08, Formerly 61G17-4.002, Amended 5-11-15, 11-13-17.

Fla. Admin. Code R. 5J-17.0321 Examination Administration

(1) During the examination, the candidates will follow the instructions of the examination supervisor. The candidates will be permitted to ask reasonable questions of the Department’s or testing vendor’s examination supervisor and proctors relating to the instructions.

(2) The valid admission slip for the specified examination and a government-issued, signature bearing, photo I.D. such as driver’s license, must be presented in order to gain admission to the examination. The first and last name on an examinee’s I.D. and examination admission slip must match. Student I.D.s are not acceptable identification.

(3) If the candidate arrives at the designated testing location after the designated starting time for an examination administered by the Department, the candidate will be permitted to take the examination only after the candidate has signed a statement clearly indicating the candidate’s late arrival time, and agreeing that the candidate will have only the remaining designated time in the examination to complete the examination. Any candidate who refuses to sign such a statement will be disqualified from the examination and may apply to the Department for scheduling for the next available examination. If, when the late candidate arrives, any other candidate has already finished the examination and left the examination room, the late candidate will not be permitted to sit for the examination and must apply to the Department for scheduling for the next available examination. For examinations administered by a vendor and national examinations, late candidates shall comply with the vendor’s or the national examination organization’s policies and procedures.

(4) Administration requirements set forth by any national board and council will be complied with in the administration of the specific examination.

(5) All examination items, answer sheets, other examination papers, computer files, and materials are the sole property of the Department of Agriculture and Consumer Services or the national provider. No candidate shall take any of the examination questions, answer sheets, other examination papers, computer files, and materials from the examination room or retain, reproduce, or compromise the materials in whole or in part by any means or method whatsoever.

(6) For vendor administered examinations, candidates are permitted to test out of state, subject to fees charged by the vendor to the candidates for this service.

(7) The examination supervisor, proctors, and testing vendor are the Department’s designated agents in maintaining a secure and proper examination administration.

(8) The Department and its designated agents may use any technology to protect the integrity and security of any license examination.

(9) Any individual found by the Department or the Board to have engaged in conduct which subverts or attempts to subvert the examination process shall have his or her scores on the examination withheld and/or declared invalid, be disqualified from the practice of the profession, and/or be subject to the imposition of penalties authorized under Chapter 472, F.S., including but not limited to, criminal penalties under Section 472.0132 or 472.031, F.S., as well as the administrative penalties set forth at Section 472.0351(2), F.S.

(10) Conduct which subverts or attempts to subvert the examination process includes, but is not limited to:

(a) Conduct which violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future or current licensing examination.

(b) Conduct which violates the standard of test administration, such as communicating with any other examinee during the administration of the examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee during the administration of the examination; having in one’s possession during the administration of the licensing examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination room in the information provided to the examinee in advance of the examination date by the Department and/or the national supplier of the examination.

(c) Conduct which violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the examination; impersonating an examinee or having an impersonator take the licensing examination on one’s own behalf.

(11) Any violation of the conduct rules or other irregularities will be documented in writing by the Department’s agent(s) and the documentation of the violation or irregularity will be presented to the Board for consideration and action. The Department’s agent(s) shall exercise extreme care in their documentation to ensure that the violation or irregularities are precisely recorded as they were witnessed.

(12) The Department or its designated agents shall take steps reasonably necessary to prevent or investigate any conduct which subverts or attempts to subvert the examination process.

History

• Rulemaking Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.0322 Licensure Examination Format and Procedures for Candidates with Disabilities

(1) The Department of Agriculture and Consumer Services will provide reasonable and appropriate accommodations to candidates with physical, mental, or specific learning disabilities to the extent permitted by cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the impairment. Each case will be dealt with on an individual basis within the limits prescribed herein. In the instances where an exam is developed or administered by a vendor, approval must be obtained from the vendor.

(2) A candidate requesting special accommodation must file the request in addition to his or her completed application for licensure examination by the final application deadline of the assigned examination. The candidate must provide documentation of his or her disability completed by an appropriate professional. The candidate’s documentation shall include:

(a) The diagnosis and length of time with the condition;

(b) The name and the results of the test(s) used for diagnosis; and,

(c) Recommended accommodations and testing environment.

(3) Reasonable and appropriate accommodations will be made for qualifying candidates. All accommodations must be directly linked to the amelioration of the identified functional limitations caused by the asserted disability and must be reasonable and effective. Permissible accommodations include:

(a) Flexible Time. Candidates requiring extra time for the examination must submit a recommendation of such from an appropriate professional. The Department recognizes that reading Braille or using a live reader takes longer than reading regular print. Untimed examinations will not be provided.

(b) Flexible Setting. Individual and small group setting examination administrations shall be available to candidates when such a service is recommended by an appropriate professional.

(c) Flexible Recording of Responses. The candidate’s responses can be recorded by a proctor, a tape recorder, a typewriter, a Braille writer, marked on the test booklet, or other method approved by the Department. The proctor may transcribe the candidate’s responses onto a machine scannable answer sheet. In these instances, the candidate will verify that the answers he or she indicated were marked.

(d) Flexible Format. The test booklet may be produced in large print, high quality regular print, Braille, or the test may be tape recorded, read aloud, or signed by an interpreter.

(e) Assistive Devices. The candidate, upon approval of the department, will be allowed to use appropriate assistive devices, such as lights, magnifiers, or special computer screens.

(4) The Department shall request further evidence on the necessity of the accommodation when the evidence substantiating the need for the accommodation is not complete. The Department shall request that the applicant submit to another professional evaluation to verify the disability or to determine what accommodations are most appropriate and effective when the initial evaluation is inconclusive, unclear, or does not substantiate the need for the requested accommodation.

(5) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide a candidate with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the examination.

(6) Definition of Terms.

(a) A person with disabilities means any person who:

1. Has a physical, mental, or specific learning disability which presently substantially limits one or more major life activities,

2. Has a record of such a disability, or

3. Is regarded as having such a disability. An individual meets the requirement of “being regarded as having such a disability” if the individual establishes that he or she has an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(b) Major life activities are activities that an average person can perform with little or no difficulty including walking, talking, hearing, breathing, learning, working, caring for one’s self, and performing manual tasks.

(c) A person with a physical disability means any person who has a permanent or temporary physical or psychomotor disability. Examples of a disability under this section include those disabilities that require the use of a wheelchair, braces, or crutches. It also includes candidates with a hearing or sight disability, or those who may need special accommodation to move about.

(d) A person with a learning disability means any person who has a permanent or temporary mental disability such as brain damage, brain dysfunction, dyslexia, or a perceptual disorder.

(e) For purposes of this rule, “an appropriate professional” means a physician licensed pursuant to Chapters 458 (Medical Practice) or 459 (Osteopathic Medicine), F.S.; a professional licensed pursuant to Chapters 460 (Chiropractic), 461 (Podiatric Medicine), 463 (Optometry), 468, Part I (Speech-Language Pathology and Audiology), or 490 (Psychological Services), F.S.; or appropriately licensed in the state in which the certification of disability was performed. Any certification, documentation, or recommendation relating to a candidate’s disability provided by an appropriate professional pursuant to the requirements of this rule must not be beyond the scope permitted by law for that professional or that which the professional knows or has reason to know that he or she is not competent to perform.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.033 Grading Criteria and Procedures

History

• Rulemaking Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New 1-3-80, Amended 10-29-80, 4-19-82, 1-25-84, Formerly 21HH-4.03, Amended 9-16-87, 8-30-92, Formerly 21HH-4.003, Amended 9-7-93, 4-6-94, 5-30-95, 11-10-08, Formerly 61G17-4.003, Repealed 12-15-14.

Fla. Admin. Code R. 5J-17.034 Grading

(1) The Department shall use any national examination which is available and approved by the Board.

(2) A national examination is an examination developed by or for a national or multi-state professional association, board, council, or society (hereinafter referred to as organization) and administered for the purpose of assessing entry level skills necessary to protect the health, safety, and welfare of the public from the incompetent practice of surveying and mapping and meets the following standards:

(a) The purpose of the examination shall be to establish entry level standards of practice that shall be common to all practitioners of surveying and mapping;

(b) The practice of the profession at the national level must be defined through an occupational survey with a representative sample of all practitioners and professional practices; and,

(c) The examination for licensure must assess the scope of practice and the entry skills defined by the national survey.

(3) The organization must be generally recognized by practitioners across the nation in the form of representatives from the State Boards or shall have membership representing a majority of the nation’s or states’ practitioners who have been licensed through the national examination.

(4) The organization shall be the responsible body for overseeing the development and scoring of the national examination.

(5) The organization shall provide security guidelines for the development and grading of the national examination and shall oversee the enforcement of these guidelines.

(6) Grading Criteria and Passing Scores:

(a) The Principles and Practice Examination and the Fundamentals Examination contain machine graded, questions developed by the National Council of Examiners for Engineering and Surveying (NCEES) based upon the results of National Task Analysis Surveys performed periodically. Grades shall be determined by the applicant’s ability to choose the correct answer from several given choices. The passing score shall be established by NCEES.

(b) The Florida Jurisdictional Examination consists of 100 questions developed by the Department, or the Department’s contracted vendor. The questions will be weighted equally and machine graded. A passing grade on the Florida Jurisdictional Examination is defined as 70% of the total possible points.

(c) Scores on each examination shall be reported in a pass/fail format as follows: the Principles and Practice Examination, the Fundamentals Examination, the Florida Jurisdictional Examination shall have separate scores. A passing score must be achieved on each examination in order to obtain licensure, however the three passing scores need not be obtained in one sitting.

(7) Examinations shall be graded solely and exclusively by the Department or the Department’s designee, national examination provider or its designee.

(8) Departmentally developed objective, examinations shall be graded by the Department or contracted vendor. The Department or the Department’s contracted vendor shall review the item analysis and any statistically questionable items after the examination has been administered. Based upon this review, the Department or the Department’s contracted vendor shall adjust the scoring key by totally disregarding the questionable items for grading purposes or by multi-keying, giving credit for more than one correct answer per item. All items which do not adequately and reliably measure the applicant’s ability to practice the profession shall be rejected. The Department or its contracted vendor shall calculate each candidate’s grade utilizing the scoring key or adjusted scoring key, if applicable, and shall provide each candidate with a grade report. The only paper that shall be graded is the official answer sheet. No credit shall be given for answers written in a candidate’s examination booklet.

(9) If after the distribution of grades for a particular administration there are adjustments to the scoring, amended grade reports shall be mailed to all failing candidates whose scores are increased and to all candidates whose pass/fail status changes due to the adjustment unless the candidate has taken and passed a subsequent administration of the examination.

(10) The Department shall notify the candidate of the results of the candidate’s examination no later than sixty (60) days after the examination date, except when the grades, or portions thereof, are computed by the national board, council, association, or society responsible for a national examination in Florida. The grades for an examination containing a national portion shall be sent to the candidate no later than thirty (30) days after the receipt of the grades by the Department from the national board, council, association, or society responsible for the national examination in Florida.

(11) The Department or contracted vendor shall inform each passing candidate of the candidate’s status and provide necessary instructions for obtaining a license.

(12) Any candidate who does not receive a passing score on a licensure or certification examination will be notified of the test(s) failed, the requirements for re-examination, and review and appeal rights and procedures.

History

• Rulemaking Authority 472.0131 FS. Law Implemented 472.0131 FS. History–New 1-3-80, Amended 6-9-80, 8-27-81, 1-25-84, Formerly 21HH-4.04, Amended 8-30-92, Formerly 21HH-4.004, Amended 5-30-95, 11-15-95, 7-27-00, 10-31-08, Formerly 61G17-4.004, Amended 10-17-12, 11-13-17.

Fla. Admin. Code R. 5J-17.035 Use of Pilot Test Items in Examinations

Written examinations developed by or for the Department may include pilot test or experimental questions for the purpose of evaluating the statistical and/or psychometric qualities of new or revised questions prior to their use in an examination. Pilot test or experimental questions will not be identified to the candidates as pilot test questions on the examination.

(1) The maximum number of pilot test questions included in a single examination shall not exceed 20 percent of the number of questions on the examination which are not pilot test questions, or ten (10) questions, whichever is greater.

(2) Pilot test questions shall not be counted toward the candidate’s score on the examination. Answers to pilot test questions shall not be subject to review by the candidate during the review process.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.036 Grades Review Procedure

(1) A candidate who has taken and failed a Department-developed objective multiple choice examination or an examination developed for the Department by a professional testing company or other state agency shall have the right to review the examination items, answers, papers, grades, and grading keys for the parts of the examination failed or the questions the candidate answered incorrectly only. Review of examinations developed by or for a national council, association, or society (herein after referred to as national organization) shall be conducted in accordance with national examination security guidelines and timeframes.

(2) Those candidates who elect to exercise their right to review must submit a request in writing to the Department or the testing vendor. An examinee shall submit a completed form known as “Board of Professional Surveyors and Mappers Post Examination Review Request,” FDACS-10063, Rev. 12/22, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14980.

(a) Written requests must be received by the Department or vendor no later than twenty-one (21) days after the release date of the original grade notification. The issuance of an amended grade notice, if applicable, will not extend the deadline for a candidate to request a post-examination review, unless the amended grade notice affects the pass/fail status of the candidate.

(b) No request received past the specified deadline in paragraph (2)(a), will be accepted.

(3) Examination reviews shall be conducted in the presence of a representative of the Department or vendor at a location designated by the Department.

(a) All examination reviews shall be conducted in accordance with that examination’s administration procedures to the extent possible and feasible.

(b) All security rules defined in this chapter, shall apply to all review sessions. Any candidate violating any provision of said rules shall be dismissed from the review session.

(c) Unless specified otherwise in this chapter, all examination reviews by candidates shall be scheduled and completed no later than ninety (90) days after the release date on the original grade notification. However, a candidate may not participate in a review during the twenty-one (21) day period immediately prior to his or her next examination attempt.

(d) A representative of the Department or the vendor shall remain with all candidates throughout all examination reviews. Candidates shall be informed that the representative cannot defend the examination or attempt to answer any examination questions during the review.

(e) Candidates will be given an examination review time of one-half the time provided for the examination administration of the part failed.

(f) Test booklets used by the candidate during the examination are not retained. Candidates reviewing the examination will be provided with a clean, exact copy of the original test questions. They will not be given the actual test booklets they used during the examination. Consequently, any marks or notes made by candidates during the examination will not be available during the review.

(g) Unless prohibited by national guidelines, candidates have the right to challenge any question which they believe may be ambiguous or any solution which they believe may be incorrect and to request a hearing if the challenge is found to be without merit. The challenges must be submitted in writing during the review. Any challenges or supporting documentation submitted after the candidate has left the review room shall not be accepted.

(h) Upon completion of reviews, candidates shall acknowledge in writing the review start time, the review end time, all materials reviewed, and other relevant review information.

(4) In addition to the provisions of subsection (3), examination candidates shall be prohibited from leaving the review with any written challenges, grade sheets, or any other examination materials.

(5) For a practical examination, unless examination security is involved, a candidate may obtain by mail a copy of his or her grade sheets resulting from a practical examination. The request must be made in writing to the Department, adhere to provisions set forth in subsection (2), be signed by the candidate, and state the address to which the grade sheets are to be mailed. This shall constitute a review of the practical examination.

(6) If a successful challenge results in a regrade of an examination, that regrade shall be limited to the candidate who filed the successful challenge.

History

• Rulemaking Authority 472.0131(3) FS. Law Implemented 472.0131(3) FS. History–New 1-3-80, Formerly 21HH-4.06, 21HH-4.006, Amended 5-30-95, 5-17-00, 10-31-08, Formerly 61G17-4.006, Amended 10-17-12, 1-16-23.

Fla. Admin. Code R. 5J-17.037 Re-examination

An individual who fails to pass or take the examination as scheduled may re-take the examination. To obtain approval to re-take the examination, an individual must obtain and complete an application for re-examination entitled “Board of Professional Surveyors and Mappers Application for Reexamination,” FDACS-10051, Rev. 11/22, hereby incorporated by reference. Copies of the form may be obtained from the Board Office or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14953. Applicants must also submit payment of the proper fee.

History

• Rulemaking Authority 472.0131 FS. Law Implemented 472.013, 472.0131 FS. History–New 1-3-80, Formerly 21HH-4.07, 21HH-4.007, Amended 5-30-95, 9-26-01, Formerly 61G17-4.007, Amended 11-13-17, 12-27-22.

Fla. Admin. Code R. 5J-17.038 Guidelines for Sharing Department-Developed Examinations With Other States’ Licensing Authorities

(1) The Department shall, under conditions listed below and for a fee which recovers costs associated with such an action, with the concurrence of the Board, share Department-developed examinations with other state licensing authorities.

(2) Upon receipt of an expressed interest from another state’s licensing authority that a department-developed examination be shared, the Department shall require completion of a questionnaire that will gather specific and pertinent information concerning the other state’s need for an examination and the resources available to the other state for sharing the department examination.

(3) An agreement shall be entered into that will require the state licensing authority to adhere to the requirements listed in this Chapter, and any other applicable laws and rules.

(4) Absent a Board and Department agreed-upon exception, the other state’s licensing authority may not be permitted to use security procedure and operating procedures that are less stringent or specific than those required and utilized by the Department.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.0381 Translations

In authorizing the translation of licensure examinations to an applicant’s native language, the Legislature has determined that translated licensure examinations pose no inherent threat to the public health, safety, and welfare.

(1) To allow the Department sufficient time to translate an examination, an applicant for licensure wishing to take the examination in a language other than English or Spanish shall:

(a) File a written request with the Department at least six months prior to the date of the scheduled examination.

(b) Submit, in addition to all other applicable fees, the required translation fee as defined in subsection (2) of this rule, on or before the 60th day prior to the date of the scheduled examination.

(2) The Department shall notify the applicant of the amount of the translation fee on or before the 75th day prior to the scheduled examination. The amount of the fee for each applicant for the translated examination shall be a pro rata share for all applicants applying to take the scheduled translated examination to cover the Department’s full direct and indirect costs of the development, preparation, administration, grading and evaluation of the translated examination.

(3) Unless otherwise specified in board rule or prohibited by national guidelines, in lieu of a translated examination, candidates may elect to use a translation dictionary. This dictionary must consist of only word or phrase translations and must remain as published. Dictionaries containing definitions of words, explanations of words or handwritten notes will not be permitted. Testing center staff will inspect and approve the dictionary before it can be used during the examination. Any dictionary that does not meet these criteria will be rejected.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.0131 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.039 Licensure, Inactive Status, Delinquent Status, Reactivation

(1) Biennial Licensing: Licensees, except as may be provided in Chapter 472, F.S., must renew their license each biennial period. Biennial period shall mean a period of time consisting of two 12 month calendar years. The biennial period for the purposes of the Board shall commence and continue on March 1 of each odd numbered year. A person wishing to apply for licensure renewal shall submit a completed application by applying online at: www.FDACS.gov. In lieu of completing an application online, an applicant shall obtain the application entitled “Board of Surveyors and Mappers Renewal Application”, FDACS-10068, 11/22, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14956. The application for renewal shall be considered timely filed if the payment received in the form of a money order, sufficiently funded check, or electronic draft in the correct amount is postmarked prior to midnight on the date of expiration of the license or has been delivered by the close of business on the date of expiration of the license or the licensee has submitted an electronic renewal through the Department’s website. If that date falls on a Saturday, Sunday, or legal holiday, the day of expiration shall be the first working day after the expiration date on the license. The licensee must meet all continuing education requirements as specified in this chapter.

(2) Inactive Status:

(a) A licensee may choose inactive licensure status at the time of renewal by filing a notice with the Department through the Department’s website accompanied by the appropriate fee as set forth in Rule 5J-17.070, F.A.C. Such notice and fee must be received in accordance with this chapter to be timely.

(b) An inactive status licensee may change to active status at any time, provided the licensee meets all the requirements for active status, pays any additional licensure fees necessary to equal those imposed on an active status licensee, pays any applicable reactivation fees as set by the Board, pays any outstanding fines or costs, and meets all continuing education requirements as specified in this chapter.

(c) Failure to renew an inactive license prior to the applicable renewal deadline shall cause the license to become delinquent.

(3) Delinquent Status:

(a) If a licensee fails to complete all license renewal requirements and submit a timely and complete application, the license shall revert to delinquent status.

(b) A delinquent status licensee may apply for active or inactive status any time during the biennial licensure cycle. A complete application, the renewal fee, and a delinquent fee shall be required. The license of a delinquent licensee that does not achieve active or inactive status before the end of the current biennial licensure period shall become null and void by operation of law and without further action by the Department or the Board. Subsequent licensure will require meeting all the requirements for initial licensure or complying with the procedure set forth in Rule 5J-17.048, F.A.C.

History

• Rulemaking Authority 472.006, 472.0202 FS. Law Implemented 472.006, 472.0202 FS. History–New 10-17-12, Amended 11-13-17, 12-27-22.

Fla. Admin. Code R. 5J-17.040 Continuing Education Requirements for Reactivation of Inactive License

A license which has been inactive for more than one year may be reactivated upon application to the Department and demonstration to the Board by the licensee of having completed one (1) continuing education credit in surveying and mapping related courses or seminars per inactive month up to a maximum of forty-eight (48) continuing education credits which must be completed within one year prior to the date of application for reactivation. This education for licensure reactivation shall be related to the licensee’s field of practice and shall include a minimum of six (6) hours of Standards of Practice continuing education credits. Verification of the above-mentioned education shall be in the form of a continuing education course certificate of completion that complies with subsection 5J-17.044(2), F.A.C.

History

• Rulemaking Authority 472.019(2), 472.027 FS. Law Implemented 472.019(2), 472.027 FS. History–New 10-29-80, Formerly 21HH-5.01, Amended 2-7-91, Formerly 21HH-5.001, Amended 3-28-94, 5-30-95, 10-13-97, 6-29-00, 6-22-03, 6-20-06, 1-29-07, Formerly 61G17-5.001, Amended 5-11-15, 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.041 Continuing Education Credit for Biennial Renewal

Every person licensed pursuant to Chapter 472, F.S., must obtain at least twenty-four (24) continuing education credits per biennium. Up to twelve (12) continuing education credits earned beyond the required twenty-four (24) may be carried forward to the following renewal period. One continuing education credit hour shall be awarded for each classroom hour of instruction. For the purposes of this rule, a classroom hour shall be defined as no less than fifty (50) minutes of classroom instruction.

(1) Continuing education credits may be obtained for:

(a) Completion of courses in surveying and mapping subjects at universities and colleges which are regionally accredited by an accrediting agency that is recognized by the United States Department of Education. Six (6) continuing education credits may be obtained for each semester hour or quarter hour equivalent thereof.

(b) Completion of courses or seminars offered by continuing education providers approved by the Board for the provision of continuing education credit hours. A list of such providers is available from the Board office upon request.

(c) A licensee’s attendance, unrelated to disciplinary action against them, at a regularly scheduled meeting of the Board of Professional Surveyors and Mappers. Only two (2) continuing education credits will be allowed for each day of such attendance. Licensees shall sign in with a Board designee immediately prior to each day of the Board meeting.

(d)1. No more than ten (10) continuing education credits shall be awarded to a licensee who has researched, written, and published a book, paper, article, or other scholarly work related to surveying and mapping. Continuing education credits shall be awarded only for the biennium in which the work is initially published and approved for credit.

2. The licensee shall submit the published work along with proof of publication to the Board’s Continuing Education Committee, or its designee, for review and approval at least sixty (60) days prior to the expiration of the biennium for which the licensee seeks credits.

(e) A licensee’s attendance at a local chapter, state or national professional association meeting whose primary purpose is to promote the profession of surveying and mapping. One-half (1/2) credit shall be awarded for attendance at a local chapter meeting and two (2) credits shall be awarded for attendance at a state or national professional association meeting during each biennium. No more than six (6) continuing education credits shall be awarded in one biennium for attendance at local chapter, state or national professional association meetings.

(f) Completion of courses or seminars offered as part of a state or national professional association meeting whose primary purpose is to promote the profession of surveying and mapping.

(g) A licensee’s completion of courses or seminars that have led to advanced professional certification in a surveying and mapping related discipline are eligible for a maximum of twelve (12) continuing education credits in one biennium.

(2) For preparation of continuing education course materials and teaching the course for credit, the licensee shall be awarded double the course credit hours for the first time teaching.

(3) No licensee may claim credit until after the credit has been earned by that licensee.

(4) Licensees need not comply with continuing education requirements prior to the licensee’s first licensure renewal.

(5) Licensees shall retain, and make available to the Department, the Board or their designees, upon request, continuing education course certificates of completion that comply with subsection 5J-17.044(2), F.A.C., for four (4) years following course completion.

History

• Rulemaking Authority 472.008, 472.018, 472.027 FS. Law Implemented 472.018, 472.027 FS. History–New 3-28-94, Amended 5-30-95, 9-21-98, 7-27-00, 6-22-03, 6-23-05, 6-20-06, Formerly 61G17-5.0031, Amended 10-17-12, 5-11-15, 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.042 Proof of Continuing Education Credit Earned

The following documentation shall constitute proof of continuing education credit:

(1) An official transcript from the registrar of a university, college, junior college or community college documenting that the licensee has completed a course in a surveying and mapping subject. A “course in a surveying and mapping subject” is a course such as: civil engineering, forestry, mathematics, photogrammetry, land law, physical sciences, basic surveying and mapping, route surveying, mapping, control surveying, legal principles of boundaries, geodetic astronomy, subdivisions, and cartography;

(2) A certificate of completion or the transcript of a course or seminar offered by a continuing education provider approved by the Board;

(3) A program from the licensee’s first presentation of a continuing education course or seminar offered by a provider approved by the Board;

(4) A written statement from the Board office documenting the licensee’s attendance at a meeting of the Board. Minutes of meetings may be used by Board members to document their attendance;

(5) A copy of the initial publication of a surveying and mapping book, paper, or article that is published under the name of the licensee;

(6) A dated letter on official stationery from a chapter of a state or national association confirming the dates of the licensee’s attendance at a chapter meeting;

(7) A dated letter on official stationery from a state or national association to the licensee confirming the licensee’s registration for attendance at a state or national meeting and the dates thereof, or a paid registration receipt from the state or national association.

(8) A certificate of completion or the transcript of a course or seminar taken in leading to an advanced professional certification in a surveying and mapping related discipline, along with documentation from the association or organization issuing the advanced professional certification.

(9) A certificate of completion of a course or seminar taken in a surveying and mapping related discipline at a state or national professional association meeting, along with documentation from the association or organization issuing the certificate.

History

• Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018, 472.033 FS. History–New 3-28-94, Amended 5-30-95, 10-13-97, 5-31-00, Formerly 61G17-5.0032, Amended 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.043 Board Approval of Continuing Education Providers

(1) Applicants for continuing education provider status must meet the requirements of subsections (2) and (3) of this rule, to demonstrate the education and/or the experience necessary to provide continuing education instructional courses and seminars to professional surveyors and mappers in the conduct of their practice, and they must renew and be approved under this rule by May 31st of every odd-numbered year.

(2) To demonstrate the education and/or the experience necessary to provide continuing education instructional courses and seminars to professional surveyors and mappers in the conduct of their practice for continuing education credit, an applicant for continuing education provider status must be either a vendor of equipment or software used in the practice of surveying and mapping, a regionally accredited educational institution, a commercial educator, a governmental agency, a state or national professional association that promotes any aspect of the profession of surveying and mapping as defined in Chapter 472 F.S., or a surveyor and mapper with a Florida license to practice surveying and mapping who is not under disciplinary restrictions pursuant to any order of the Board. In addition, the applicant must demonstrate particular education, experience or skill which sets the applicant apart from the surveyors and mappers whom the applicant proposes to instruct.

(3) To allow the Board to evaluate an initial application for continuing education provider status, the applicant must submit an electronic application located at https://csapp.800helpfla.com/csrep/. In lieu of an electronic application, the applicant shall complete the application entitled “Board of Professional Surveyors and Mappers Continuing Education Provider Approval Application,” FDACS-10056, Rev. 08/17, hereby incorporated by reference. Copies of the form may be obtained by contacting the Board Office or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08763. The applicant shall provide the following:

(a) A nonrefundable application fee of $200.00, in addition to a $250.00 fee for continuing education provider status;

(b) A renewal fee of $250, which, upon request, will be refunded if the applicant is denied provider status.

(4) No surveyor and mapper may conduct continuing education courses or seminars for credit upon the surveyor and mapper’s receipt of any disciplinary order from any professional regulatory board in any jurisdiction. Rather, the surveyor and mapper must notify the Board office within ten (10) days of the surveyor and mapper’s receipt of any such order.

(5) No provider may allow a surveyor and mapper to conduct any course or seminar offered by the provider if that surveyor and mapper has been disciplined and has not been released from the terms of the final order in the disciplinary case. Upon receipt of notice that an instructor is under discipline, the provider shall, within seven (7) days, write to the Board office and confirm that the surveyor and mapper is no longer conducting any course or seminar offered by the provider. For the purpose of this subsection, a letter of guidance or a reprimand shall not constitute “under discipline.”

(6) The Board and the Department retain the right and authority to audit and/or monitor programs and review records and course materials given by any provider approved pursuant to this rule. The Department shall rescind the provider status if the provider disseminates any false or misleading information in connection with the continuing education programs, or if the provider fails to conform to and abide by the rules of the Board.

History

• Rulemaking Authority 472.008, 472.011, 472.018 FS. Law Implemented 472.011, 472.018 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 8-18-03, Formerly 61G17-5.0041, Amended 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.044 Obligations of Continuing Education Providers

To maintain status as a continuing education provider, the provider must:

(1) Furnish the Board with a list of courses being offered, which shall include each course name, instruction method, and total number of credit hours to be awarded for each course successfully completed. If courses are removed, or no longer offered at any point during the biennium, the continuing education provider shall notify the Board in writing within thirty (30) days.

(2) Require each licensee to complete the entire course or seminar in order to receive a certificate of completion for the course or seminar.

(3) Furnish each participant with an individual certificate of completion that contains the licensee’s name, the licensee’s license number, the provider name, the provider number, the course name, the course number, date of course completion, and the total number of credit hours fulfilled by the course.

(4) Continuing education providers must provide their Department of Agriculture and Consumer Services continuing education provider number on all course advertisements.

(5) An attendance record shall be maintained by the provider for four (4) years and shall be available for inspection by the Board, its designee, the Department, or the Department’s designee.

(6) Providers must electronically provide to the Department a list of attendees taking a course within thirty (30) business days of the completion of the course. The list shall include the provider’s name, the name and license number of the attendee, the date the course was completed, the course number and the total number of hours successfully completed.

(7) If the instructor is receiving credit as set forth in subsection 5J-17.041(2), F.A.C., the instructor shall be listed as an attendee with the same information required above.

(8) Providers shall maintain security of attendance records and certificates. For correspondence study courses, the provider must electronically supply the list of those individuals successfully completing the course by the 5th of the month following the calendar month in which the provider received documentation and was able to determine the successful completion of the course by the individual.

(9) Ensure that all promotional material for courses or seminars offered to professional surveyors and mappers for credit contain the course number and the provider number.

(10) Allow only one (1) continuing education credit for no less than fifty (50) minutes of classroom, audio or video instruction.

(11) Allow only one (1) continuing education credit for each “hour of correspondence study.” The “hour of correspondence study” must be based on the average completion time of each course as established by the provider. For correspondence study, provide to each participating licensee a written exam. In order to complete the course, the licensee must receive a minimum grade of seventy percent (70%). If a licensee fails the exam, they will be permitted to take the exam again until a passing grade is achieved.

(12) Notify the Board within fourteen (14) days of any change in the address or telephone number of the provider.

(13) Provide courses or seminars designed to enhance the education of surveyors and mappers in the practice of surveying and mapping.

(14) Discontinue allowing an instructor to conduct a course or seminar upon receipt of notice pursuant to subsection 5J-17.043(6), F.A.C., and provide timely confirmation of same as required by that rule.

(15) All information or documentation, including electronic course rosters, submitted to the Department shall be submitted in a format acceptable to the Department. Failure to comply with time and form requirements will result in disciplinary action taken against the provider. After a licensee’s completion of a course, the information must be submitted to the department electronically no later than thirty calendar days thereafter. However, the continuing education provider shall electronically report to the department completion of a licensee’s course within ten days beginning on the 30th day before the renewal deadline or prior to the renewal date, whichever occurs first. No provider may reapply for continuing education provider status until at least two (2) years have elapsed since the entry of any final order against the provider.

(16) Online/internet courses shall be treated as correspondence courses for continuing education purposes, as set forth in subsection (11), above.

History

• Rulemaking Authority 472.008, 472.011, 472.018, 472.027 FS. Law Implemented 472.018, 472.027 FS. History–New 3-28-94, Amended 5-30-95, 7-27-00, 8-18-03, 8-18-04, 12-28-05, 1-29-07, Formerly 61G17-5.0043, Amended 10-17-12, 5-11-15, 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.045 Evaluations of Continuing Education Providers

(1) The Board shall evaluate continuing education providers by:

(a) Observing such courses or seminars; and,

(b) Reviewing the files of the provider to gain information about any course or seminar offered to professional surveyors and mappers for credit.

(2) The Board will not revoke the continuing education credit given to any professional surveyor and mapper for completion of any continuing education course or seminar about which the professional surveyor and mapper registers a complaint with the Board.

History

• Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 8-18-03, Formerly 61G17-5.0044, Amended 7-15-18.

Fla. Admin. Code R. 5J-17.046 Duration of Provider Status

(1) Continuing education providers are approved only for the biennium during which they applied and must renew their provider status at the beginning of each biennium. The biennium for continuing education providers ends on May 31st of each odd-numbered year.

(2) Providers seeking renewal may continue to offer programs to licensees of the Board for credit until such time as expiration of provider status occurs or an order denying renewal of continuing education provider status is filed with the Agency clerk.

History

• Rulemaking Authority 472.008, 472.018 FS. Law Implemented 455.2179(1), 472.018 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 6-22-03, Formerly 61G17-5.0045.

Fla. Admin. Code R. 5J-17.047 Approval of Continuing Education Courses

History

• Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018 FS. History–New 8-18-03, Amended 6-23-05, 12-28-05, 6-20-06, Formerly 61G17-5.0051, Amended 10-17-12, Repealed 7-15-18.

Fla. Admin. Code R. 5J-17.048 Reinstatement of Null and Void License

(1) An applicant seeking reinstatement of a license which has become null and void shall submit to the Board a “Board of Professional Surveyors and Mappers Request for Determination of Eligibility to Apply for a Reinstatement of Null and Void License”, FDACS-10067, Rev. 12/22, hereby incorporated by reference. Copies of the form may be obtained from the Board office or online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14981; in which the applicant shall:

(a) Pay a non refundable application fee of $125.00;

(b) Answer questions regarding the applicant’s education and background information;

(c) Submit a written statement of when the applicant’s surveyor and mapper license was last active and in good standing with the Board;

(d) Submit a written statement as to whether or not the applicant has engaged in the practice of surveying and mapping during the time period the applicant’s surveying and mapping license was null and void;

(e) Submit a written statement of the applicant’s good faith effort to comply with Chapter 472, F.S., and also the applicant’s failure to comply due to illness or unusual hardship;

(f) Submit a written statement of the applicant’s illness or unusual hardship which prevented the applicant from renewing his or her surveyor and mapper license;

(g) Submit documents that verify the applicant’s illness or unusual hardship; and,

(h) Submit a written time-line that chronologically documents when the applicant’s surveyor and mapper license was last active, when the applicant’s surveyor and mapper license became null and void, when the applicant suffered his or her illness, and/or when the applicant experienced an unusual hardship that prevented the renewal of the surveyor and mapper license.

(2) If the Board determines the applicant is eligible to apply for a reinstatement of licensure the applicant shall submit to the Board a “Board of Professional Surveyors and Mappers Application For Reinstatement of Null and Void License,” FDACS-10052, Rev 12/22, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14979.

(a) Pay a $255.00 fee for every licensure biennium that the applicant failed to renew his or her surveyor and mapper license.

(b) Submit a written statement of when the applicant’s surveyor and mappers license was last active and in good standing with the Board;

(c) Answer questions regarding the applicant’s background information;

(d) Submit a copy of the final order from the Board approving the applicant’s eligibility to apply for a reinstatement of a null and void license;

(e) Submit evidence in accordance with Rule 5J-17.042, F.A.C. of completion of one (1) continuing education credit in surveying and mapping related courses or seminars for each month that the applicant’s license was delinquent.

(3) The applicant’s license shall not be reinstated until the requirements of subsection (2) have been satisfied and the Board issues a final order reinstating the applicant’s license.

History

• Rulemaking Authority 472.008, 472.0202(6)(b), 472.027 FS. Law Implemented 472.0202(6)(b), 472.027 FS. History–New 6-20-06, Formerly 61G17-10.001, Amended 5-11-15, 7-15-18, 8-15-19, 1-16-23.

Fla. Admin. Code R. 5J-17.050 Definitions

As used in this chapter, the following terms have the following meanings:

(1) Benchmark: a point, natural or artificial, bearing a marked position whose elevation above or below an adopted datum plane is known.

(2) Boundary Survey: a survey, the primary purpose of which is to document the perimeters, or any portion thereof, of a parcel or tract of land by establishing or re-establishing corners, monuments, and boundary lines, such as for the purposes of describing the parcel, locating fixed improvements on the parcel, dividing the parcel, or platting.

(3) Computation records: Calculations and/or numerical values that are derived from measurements. These records include coordinate geometry data, coordinate list, computer aided drafting files, horizontal and vertical traverse closure, and adjustment computations.

(4) Conflict of Interest: a conflict between one’s duty to act for the benefit of the public or a specific individual or entity, and the interests of self or others; which conflict has the potential of influencing, or the appearance of influencing, the exercise of one’s professional judgment in carrying out that duty.

(5) Corner: a point on a land boundary that designates a change in direction, for example: points of curvature, points of tangency, points of compound curvature and so forth.

(6) Faithful Agent: a licensee acting in professional surveying matters who safeguards as confidential any information obtained by the licensee as to the business affairs, technical methods or processes of a client or employer, and who avoids or discloses a conflict of interest that might influence the licensee’s actions or judgment.

(7) Map of Survey (or Survey Map): a graphical or digital depiction of the facts of size, shape, identity, geodetic location, or legal location determined by a survey. The term “Map of Survey” (Survey Map) includes the terms: Sketch of Survey, Plat of Survey, or other similar titles. “Map of Survey” or “Survey Map” may also be referred to as “a map” or “the map.”

(8) Measurement records: Sufficient data that can be used to reconstruct the measurements, including but not limited to angles and distances to determine locations of fixed improvements, property corners and other points on a survey. These records include field notes, angle and distance measurements and raw data files.

(9) Monument: an artificial or natural object that is permanent or semipermanent and used or presumed to occupy any real property corner, any point on a boundary line, or any reference point or other point to be used for horizontal or vertical control.

(10) Remote Sensing: The process of acquiring knowledge about physical features by analyzing data obtained from instrumentation located at a distance from the features being examined.

(11) Survey: The result of any professional service or work resulting from the practice of Surveying and Mapping as defined in Chapter 472, F.S., which includes, As-built/Record Surveys, Boundary Surveys, Construction Layout Surveys, Condominium Surveys, Construction Control Surveys, Control Surveys, Elevation Surveys, Hydrographic/Bathymetric Surveys, Tidal or non-tidal Water Boundary Surveys, Photogrammetric Surveys (including Orthorectified Imagery), Quantity Surveys, and Topographic Surveys, whether it is measured by direct or remote sensing methods.

(12) Survey and Map Report: a written or digital document, that adequately communicates the survey results to the public through a map, (written or digital), or in a report form with an attached map and details methods used, measurements and computations made, accuracies obtained, and information obtained or developed by surveying and mapping techniques. The map and report shall identify the responsible surveyor and mapper.

(13) Work Product: the drawings, plans, specifications, plats, reports, and all related calculations and field notes, either hard copy or digital, of the professional surveyor and mapper in responsible charge or made under his/her supervision.

History

• Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.027 FS. History–New 9-1-81, Formerly 21HH-6.02, Amended 12-18-88, Formerly 21HH-6.002, Amended 12-25-95, 5-25-99, 3-25-01, 3-13-03, 4-4-06, Formerly 61G17-6.002, Amended 5-11-15, 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.051 Standards of Practice – General Survey, Map, and Report Content Requirements

The following rules shall apply to all work products regardless of the method of data acquisition:

(1) Surveyors and mappers must achieve the following standards of accuracy, completeness, and quality:

(2) The accuracy of the survey measurements shall be premised upon the type of survey and the expected use of the survey and map. The accuracy of data shall be independently verified.

(a) Vertical Accuracy:

All surveying and mapping products with elevation data shall state the datum and a description of the control upon which the surveying and mapping products are based. The data shall be supported with documentation describing the vertical accuracy and the methodology used to determine accuracy. Elevation data may be obtained on an assumed datum provided the base elevation of the assumed datum is obviously different than a publicly published datum and clearly noted.

(b) Horizontal Accuracy:

All surveying and mapping products expressing or displaying mapped features shall state the datum and a detailed description of the control upon which the surveying and mapping products are based. The data shall be supported with documentation describing the horizontal accuracy and the methodology used to determine accuracy. Mapped features may be obtained on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum.

(c) Assumed datum:

If data is collected on an assumed datum, then adequate control points shall be established and communicated in the surveying and mapping product in order that the survey may be independently reproduced and verified.

(d) Measurement and computation records shall be dated as of the date of acquisition and must contain sufficient data to substantiate the surveying and mapping products.

(3) Surveys, Maps, and/or Survey Products Content.

(a) The licensee must adequately communicate the survey results to the public through a map or report with an attached map.

(b) Each survey map and report shall state the type and/or purpose of the survey it depicts.

(c) All survey maps and reports must bear the name, certificate of authorization number, and street and mailing address of the business entity issuing the map and report, along with the name and license number of the surveyor and mapper in responsible charge. The name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity must be shown on each survey map and report.

(d) All survey maps must reflect a survey date, which is the last date of data acquisition. When the graphics of a map are revised, but the survey date stays the same, the map must list dates for all revisions.

(e) The survey map and report and the copies of the survey map and report, except those with electronic signature and electronic seal, must contain a statement indicating that the survey map and report or the copies thereof are not valid without the original signature and seal of a Florida licensed surveyor and mapper.

(f) Abbreviations related to surveying matters shall be defined on the work product.

(g) A reference to all bearings shown on a survey map or report must be clearly stated, i.e., whether to “True North”; “Grid North as established by the NOS”; “Assumed North based on a bearing for a well defined line, such as the center line of a road or right of way, etc.”; “a Deed Call for a particular line”; or “the bearing of a particular line shown upon a plat.” References to Magnetic North should be avoided except in the cases where a comparison is necessitated by a Deed Call. In all cases, the bearings used shall be referenced to some well-established and monumented line.

(h) A designated “north arrow” and either a stated scale or graphic scale of the map shall be prominently shown upon the survey map.

(i) The responsibility for all mapped features must be clearly stated on any map or report signed by a Florida licensed surveyor and mapper. When mapped features surveyed by the signing surveyor and mapper have been integrated with mapped features surveyed by others, then the map or report shall clearly state the individual primarily responsible for the map or report.

History

• Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.025, 472.027 FS. History–New 9-1-81, Amended 7-29-85, Formerly 21HH-6.03, Amended 12-18-88, 11-27-89, 5-26-91, Formerly 21HH-6.003, Amended 12-25-95, 5-13-96, 11-3-97, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Formerly 61G17-6.003, Amended 5-11-15, 11-13-17.

Fla. Admin. Code R. 5J-17.052 Standards of Practice – Boundary Survey Requirements

(1) Boundaries of Real Property:

(a) The surveyor and mapper shall make a determination of the position of the boundary of real property in complete accord with the real property description shown on the survey map or report and map. In order to ensure adequate and defensible real property boundary locations:

1. Every parcel of land whose boundaries are surveyed shall be made to conform with the record boundaries of such land, taking into account relevant requirements of law concerning whether the survey is original or a resurvey.

2. Prior to making the survey, the licensee shall perform research of records with sufficient scope and depth to identify with reasonable certainty:

a. The location of the record boundaries,

b. Conflicting record and ownership boundary locations within, abutting or affecting the property or access to same,

c. None of the above is intended to require the surveyor to perform a title search.

3. A field survey shall be made locating monuments and evidence of occupation, appropriate or necessary and coordinate the facts of said survey with the analysis of the record boundaries.

(b) Monuments shall be set or held as marking the corners after a well-reasoned analysis by the licensee.

(c) All boundary surveys shall result in a map (hardcopy and/or digital) and it shall be stated on the map that the survey is a “Boundary Survey.”

(d) Any discrepancies between the survey map and the real property description shall be shown.

(e) Survey data shall be shown to positively describe the boundaries of the surveyed property. For portions of the property bounded by an irregular line, distances and directions to the irregular boundary shall be shown with as much certainty as can be determined or as “more or less,” if variable.

(f) Surveys of all or part of a lot(s) which is part of a recorded subdivision shall show the lot(s) and block numbers or other designations, including those of adjoining lots.

(g) Surveys of parcels described by metes and bounds shall show all information called for in the property description, including point of commencement, course bearings and distances, and point of beginning.

(h) When the results of the survey differ significantly from the record,or if a fundamental decision related to the boundary resolution is not clearly reflected on the plat or map, the surveyor shall explain this information with notes on the face of the plat or map.

(i) Surveys of parcels with water boundaries shall describe the feature located including, top of bank, edge of water, mean high water line, ordinary high water line and the method used to locate the water boundary. Water boundaries may be located in their approximate position as long as this is adequately depicted and explained with notes on the face of the plat or map.

(2) Boundary Monuments:

(a) The surveyor and mapper shall set monuments as defined herein, unless monuments already exist or cannot be set due to physical obstructions at corners.

(b) Every boundary monument set shall:

1. Be composed of a durable material,

2. Have a minimal length of 18 inches,

3. Have a minimum cross-section area of material of 0.20 square inches,

4. Be identified with a durable marker or cap bearing either the Florida license number of the surveyor and mapper in responsible charge, the certificate of authorization number of the business entity; or name of the business entity,

5. Be detectable with conventional instruments for finding ferrous or magnetic objects,

6. When a corner falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable,

7. When conditions require setting a monument on an offset, whenever possible, the location should be selected so the monument lies on a boundary line.

(c) All monuments, found or placed, must be described on the survey map. The corner descriptions shall state the size, material, and cap identification of the monument as well as whether the monument was found or set. Offset monuments shall be noted as such on the survey map along with the offset distance to the true corner. Building corners are acceptable as monuments so long as use of the building corners as monumentation is clearly noted on the map.

(d) For irregular boundaries such as a water body or maintained right of way, a dimensioned meander or survey closure line shall be used and monuments shall be set at the meander or survey closure line’s terminus points on real property boundary lines.

(e) A boundary survey updating a previous survey made by the same surveyor and mapper or business entity, and which is performed for the purpose of locating non-completed new improvements by measurements to the property lines or related offset lines placed on the property since the previous survey, need not have the property corners reset.

(f) Side ties to locate or set monuments shall be substantiated by multiple measurements.

(3) Boundary Inconsistencies:

(a) Potential boundary inconsistencies shall be addressed and shall be clearly indicated and explained on the survey map or in the report. Where evidence of inconsistency is found, the nature of the inconsistency shall be shown upon the survey map, such as:

1. Overlapping descriptions or hiatuses,

2. Excess or deficiency,

3. Conflicting boundary lines or monuments, or

4. Doubt as to the location on the ground of survey lines or property rights.

(b) Open and notorious evidence of boundary lines, such as fences, walls, buildings, monuments or otherwise, shall be shown upon the map, together with dimensions sufficient to show their relationship to the boundary line(s).

(c) All apparent physical use onto or from adjoining property must be indicated, with the extent of such use shown or noted upon the map.

(d) In all cases where foundations may violate deed or easement lines and are beneath the surface, failure to determine their location shall be noted upon the map or report.

(4) Rights-of-Way, Easements, and Other Real Property Concerns:

(a) All recorded public and private rights-of-way shown on applicable recorded plats adjoining or across the land being surveyed shall be located and shown upon the map.

(b) Easements shown on applicable record plats or open and notorious evidence of easements or rights-of-way on or across the land being surveyed shall be located and shown upon the map.

(c) When streets or street rights-of-way abutting the land surveyed are physically closed to travel, a note to this effect shall be shown upon the map.

(d) When location of easements or rights-of-way of record, other than those on record plats, is required, this information must be furnished to the surveyor and mapper.

(e) Human cemeteries and burial grounds located within the premises shall be located and shown upon the map when open and notorious, or when knowledge of their existence and location is furnished to the surveyor and mapper.

(5) Real Property Improvements:

(a) Location of fixed improvements pertinent to the survey shall be graphically shown upon the map and their positions shall be dimensioned in reference to the boundaries, either directly or by offset lines.

(b) When fixed improvements are not located or do not exist, a note to this effect shall be shown upon the map.

(c) When a boundary survey updating a previous boundary survey is made by the same surveyor or survey firm for purpose of locating non-completed new improvements, then property corners need not be reset; however, when a boundary survey is updating a previous survey made by the same surveyor or survey firm and is performed for purpose of locating completed new improvements then property corners must be recovered or reset. When a boundary survey updates a previous boundary survey made by a different surveyor or survey firm for the purpose of locating either non-completed or completed new improvements, then property corners must be recovered or reset.

(6) Descriptions/Sketch to Accompany Description:

(a) Descriptions written by a surveyor and mapper to describe land boundaries by metes and bounds shall provide definitive identification of boundary lines.

(b) When a sketch accompanies the property description, it shall show all information referenced in the description and shall state that such sketch is not a survey. The initial point in the description shall be tied to either a government corner, a recorded corner, or some other well-established survey point.

History

• Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.027 FS. History–New 9-1-81, Formerly 21HH-6.04, Amended 12-18-88, Formerly 21HH-6.004, Amended 12-25-95, 5-13-96, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Formerly 61G17-6.004, Amended 5-11-15, 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.053 Standards of Practice – Professional Matters in Surveying and Mapping

In order to safeguard the health, safety and welfare of the public and to maintain integrity and high standards of skill and practice in the surveying and mapping profession, the rules of professional conduct provided in this section shall be binding upon every licensee and on all firms which offer or perform surveying and mapping services in Florida. Licensees shall at all times be cognizant of the public that they serve and shall govern themselves accordingly in the following professional matters:

(1) Fair Dealing in Professional Relationships.

(a) Licensees shall act as faithful agents of their clients in all professional matters.

(b) Licensees, whether or not under oath, shall not be untruthful, deceptive, or misleading, including by omission, in any professional report, oral or written statement, or testimony.

1. A professional report, statement or testimony is false, fraudulent, deceptive or misleading if it: contains a material misrepresentation of fact; omits the statement of any material fact that is necessary to form a complete and accurate understanding of the communication; or is intended or is likely to create an unjustified expectation.

2. Examples of false, fraudulent, deceptive or misleading statements include: a statement that a licensee is a certified specialist in any area outside the licensee’s field of expertise; a statement that the licensee’s education or experience in surveying and mapping is greater than it actually is; a statement that the licensee’s involvement with a surveying and mapping project will be greater than it is intended to be.

(c) The licensee shall not make, publish or cause to be made or published, any representation or statement concerning the professional qualifications of the licensee, or those of any partner, associate, firm or organization of the licensee, which is in any way misleading, or which tends to mislead the recipient thereof, or the public, concerning education, experience, specializations or other surveying and mapping qualifications.

(d) A licensee shall not, in the practice of surveying and mapping or in any professional dealings, make, publish, or cause to be made or published, any representation or statement about any competitor or any other licensee which the licensee knows or should know is false and which has or is intended to have the effect of injuring the reputation or business of such other licensee.

(e) A licensee shall not express a professional opinion that is factually insupportable or that is not based on accepted surveying and mapping principles, or that misrepresents data and/or its relative significance in any professional report, oral or written statement, or testimony.

(f) A licensee shall not violate any provisions of state or federal statutes requiring qualifications-based selection of professional surveying and mapping services; shall not knowingly aid or abet any other licensee in violating such statutes; shall not participate in a qualifications-based selection process that the licensee knows is not in compliance with federal or state statutes; and shall not respond to or solicit requests that the licensee knows are in violation of state or federal statutes.

(g) A licensee shall not knowingly permit the publication or use of the licensee’s data, reports, maps, or other professional documents for unlawful purposes.

(h) Licensees may not use their surveying and mapping expertise or their professional surveying and mapping status to commit a crime.

(i) Licensees may not knowingly associate with or permit the use of their names in a business venture with any person or business entity which the licensee knows or should know is engaging in unlawful, fraudulent or dishonest business or professional practices.

(2) Conflicts of Interest: Licensees shall avoid any professional conflicts of interest.

(a) When conflicts cannot be avoided, licensees shall disclose to their employers and clients all known or potential conflicts of interest or other circumstances that could influence or appear to influence their professional judgment or the quality of their professional services provided.

(b) Unless the circumstances are fully disclosed and agreed to in writing by all interested parties, a licensee shall not accept compensation, financial or otherwise, from more than one party for services pertaining to the same project.

(c) Examples of professional conflicts of interest include, but are not limited to:

1. A government employee engaging in the private practice of surveying and mapping on a project over which that person, as a government employee, has approval authority.

2. A licensee soliciting or accepting a professional contract from a governmental body on which that licensee or a principal or officer of his/her business organization serves as a member.

3. A licensee, serving as a member, advisor, or employee of a governmental entity, who participates in its decision to contract for professional services from a private business in which that licensee is a principal or employee.

(d) Licensees may not offer any bribe, commission or gift, either directly or indirectly, to obtain selection or preferment for surveying and mapping employment.

1. An example of prohibited activity under this subsection is a practice known as the “washout” survey, wherein a licensee agrees to accept payment for a surveying and mapping service only upon the contingency of a future event other than the completion of the survey and map.

2. The activity prohibited by this subsection does not pertain to the payment of a fee to a licensed employment agency for securing salaried employment as a surveyor and mapper.

(e) Licensees may not solicit or accept gifts or gratuities directly or indirectly from contractors, their agents or other parties dealing with the licensee’s client or employer in connection with work for which the licensee is responsible.

(3) Confidentiality: Whether or not a licensee and a client establish requirements of confidentiality contractually, the licensee shall safeguard and preserve the confidences and private information of the client and shall exercise reasonable care to prevent unauthorized disclosure or use thereof by the licensee’s employees and associates, except:

(a) When disclosure is made as a necessary part of performing the services for which the client is employing or engaging the licensee.

(b) When licensee has obtained the consent of the affected client or clients, employer or employers, current or former, but only after full disclosure to them;

(c) When required by law or court order;

(d) When necessary to establish legal proof of licensee’s relationship with such client or employer, current or former, in a court action to recover salaries, fees or other compensation due to the licensee as a result of the licensee’s employment or association with the client or employer, current or former;

(e) When necessary to defend the licensee or the licensee’s employees or associates in a legal action alleging wrongful conduct;

(f) When there is potential danger to the public’s safety and well being and disclosure is reasonably necessary to prevent harm to the public;

(g) When the disclosures were made to the Board regarding other licensees or unlicensed individuals who may have violated laws or rules relating to the practice of surveying and mapping;

(h) When the disclosures relate to illegal conduct.

(4) Use of Another Licensee’s Product.

(a) Work completed by one licensee (original licensee) cannot be adopted or reused by a different licensee (successor licensee), except under the following circumstances:

1. With written consent of the original licensee, or;

2. When the graphics or data depicted on the survey are attributed to the licensee that was in responsible charge of its production, or;

3. When the original licensee’s field notes, supporting documents and/or final product(s) are rightfully in the possession of the successor licensee.

(b) Use of another licensee’s work under any circumstances does not exempt the user from compliance with the survey requirements in Chapter 5J-17, F.A.C.

(5) Retention of Work Products.

(a) For each survey produced, all licensees, except for those who do not have an ownership right to the work product, shall maintain for a minimum of six years from the date of creation at least one copy of all signed and sealed drawings, plans, specifications, plats, and reports as well as one copy of all related calculations and field notes. Additionally, the documented research of records and written notification regarding lack of insurance shall be retained for a minimum of six years from the date of creation. These records may be kept in hard copy or electronic or digital format. Licensees shall provide these records to the Department and Board upon request. The failure to do so shall constitute cause for discipline.

(b) Upon the discontinuance of the practice of surveying and mapping, licensees shall ensure the safe storage and reasonable accessibility to clients of all files and file materials for a period of six years. The failure to do so shall constitute cause for discipline.

(6) Signing and Sealing.

(a) Licensees shall sign, date and seal those final drawings, plans, specifications, plats or reports that have been prepared or issued by the licensee and conform to the Standards of Practice for professional surveyors and mappers as outlined in Chapter 5J-17, F.A.C.

(b) Licensees shall not affix their signatures or seals to any final drawings, plans, specifications, plats or reports not prepared under their responsible charge.

(c) Licensees shall not affix a signature and seal to any document depicting an area over which the licensee has insufficient knowledge, education, experience, or familiarity.

(d) A licensee who allows another person to forge a signature on a map or surveyor’s report purported to be prepared under the supervision of the licensee is guilty of misconduct.

History

• Rulemaking Authority 472.006(5), 472.027 FS. Law Implemented 472.027, 472.033, 472.0337, 472.0351 FS. History–New 5-11-15, Amended 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.060 Seals Acceptable to the Board

(1) The Board hereby establishes the following acceptable forms of seals, whether impression or ink stamp:

I

II

III

IV

V

(2) Seal I may be used only by registrants who are registrants in good standing under both Chapters 471 and 472, F.S., as of June 30, 1995.

(3) Seal II may be used only by registrants who are licensed as of June 30, 1995.

(4) Seal III shall be used only by registrants who are initially licensed on or after July 1, 1995, and before October 1, 2002.

(5) Registrants who are initially licensed on or after June 30, 2002 shall use only Seal IV.

(6) All registrants may use Seal IV.

(7) Surveyors and Mappers who have been granted a temporary certificate to practice in Florida are required to use Seal V.

(8) Surveyors and mappers who electronically sign and seal plats, reports, or other documents shall follow the procedures set forth in Rule 5J-17.062, F.A.C.

History

• Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History–New 1-3-80, Amended 6-9-80, Formerly 21HH-7.01, 21HH-7.001, Amended 5-30-95, 10-25-95, 12-13-99, 11-18-01, 10-23-02, Formerly 61G17-7.001, Amended 7-15-18.

Fla. Admin. Code R. 5J-17.061 Seal and Signature

History

• Rulemaking Authority 472.025 FS. Law Implemented 472.025 FS. History–New 1-3-80, Amended 9-13-83, Formerly 21HH-7.02, 21HH-7.002, Amended 5-30-95, 5-13-96, 11-3-97, Formerly 61G17-7.002, Repealed 11-13-17.

Fla. Admin. Code R. 5J-17.062 Procedures for Signing and Sealing Electronically Transmitted Surveys or Other Documents

(1) Information stored in electronic files representing plans, specifications, plats, reports, or other documents which must be sealed under the provisions of Chapter 472, F.S., shall be signed, dated and sealed by the professional surveyor and mapper in responsible charge.

(2) A license holder may use a computer generated representation of his or her seal on electronically conveyed work; however, the final hard copy documents of such surveying or mapping work must contain an original signature and seal of the license holder and date or the documents must be accompanied by an electronic signature as described in this section. A scanned image of an original signature shall not be used in lieu of an original signature and seal or electronic signature. Surveying or mapping work that contains a computer generated seal shall be accompanied by the following text or similar wording: “The seal appearing on this document was authorized by [Example: Leslie H. Doe, P.S.M. 0112 on (date)]” unless accompanied by an electronic signature as described in this section.

(3) An electronic signature is a digital authentication process attached to or logically associated with an electronic document and shall carry the same weight, authority, and effect as an original signature and seal. The electronic signature, which can be generated by using either public key infrastructure or signature dynamics technology, must be as follows:

(a) Unique to the person using it;

(b) Capable of verification;

(c) Under the sole control of the person using it;

(d) Linked to a document in such manner that the electronic signature is invalidated if any data in the document are changed.

(4) Alternatively, electronic files may be signed and sealed by creating a “signature” file that contains the surveyor and mapper’s name and PSM number, a brief overall description of the surveying and mapping documents, and a list of the electronic files to be sealed. Each file in the list shall be identified by its file name and secure authentication code computed by a cryptographic hash function. A report shall be created that contains the surveyor and mapper’s name and PSM number, a brief overall description of the surveyor and mapper documents in question and the secure authentication code of the signature file. This report shall be printed and manually signed, dated, and sealed by the professional surveyor and mapper in responsible charge. The signature file is defined as sealed if its secure authentication code matches the secure authentication code on the printed, manually signed, dated and sealed report. Each electronic file listed in a sealed signature file is defined as sealed if the listed secure authentication code matches the file’s computed secure authentication code.

History

• Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History–New 2-1-00, Amended 12-16-07, Formerly 61G17-7.0025, Amended 11-13-17, 7-15-18.

Fla. Admin. Code R. 5J-17.063 Certificates of Authorization

(1) Except as provided in subsection (10) of this rule, certificates of authorization are required of all corporations, partnerships, professional associations, firms, or persons practicing under a fictitious name, who provide surveying and mapping services to the public. For the purpose of this rule, those corporations, partnerships, associations, firms, and persons shall be referred to as “business entities.”

(2) Individuals practicing surveying and mapping under their given name are not required to obtain a certificate of authorization. For the purposes of this rule, “given name” is defined as the individual’s name as it appears on the individual’s birth certificate, state issued driver’s license, or Florida surveyor and mapper license.

(3) Individuals practicing surveying and mapping under the first initials of their first and/or middle names and their entire last name are not required to obtain a certificate of authorization.

(4) Individuals practicing surveying and mapping under their given name or the first initials of their first and/or middle names and their entire last name are permitted to use the following titles and abbreviations in their surveying and mapping business name without being required to obtain a certificate of authorization: licensed surveyor and mapper, registered surveyor and mapper, registered land surveyor, professional land surveyor, professional surveyor and mapper, professional surveyor, RLS, PLS, PSM, or PS.

(5) Individuals practicing surveying and mapping pursuant to subsections (2), (3) and (4) of this rule, must obtain a certificate of authorization once the individual adds Incorporated, Inc., Limited Liability Company, LLC, Partnership Association, P.A., or any other business association or business entity name, title or abbreviation to the individual’s name or business name.

(6) Individuals operating a surveying and mapping business, which is incorporated, is a limited liability corporation, is a partnership association, or is operating as any other business entity, but does not include the business entity title or abbreviation in the surveying and mapping business’s name, must obtain a certificate of authorization.

(7) Business entities that wish to obtain a Certificate of Authorization must complete an application at https://csapp.800helpfla.com/csrep/ and pay fees totaling $255.00 for permanent licensure or fees totaling $180.00 for a temporary certificate. In lieu of completing an electronic application, applicants are permitted to complete “Board of Professional Surveyors and Mappers Application for Certificate of Authorization” FDACS-10054, Rev. 08/17, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08766. Upon application to the Board, certificates of authorization shall be issued only to those business entities which:

(a) List the street address of each of its Florida offices from which surveying and mapping services are provided;

(b) Specify the name or names of its principals who are licensed surveyors and mappers as the term “principal” is defined in paragraph 5J-17.013(1)(b), F.A.C.;

(c) Provide proof to show that the applicant is a partnership, corporation, or person practicing under a fictitious name at the time of application and that the person identified pursuant to paragraph (7)(b) of this rule, is a principal of the business entity.

(8) The Board shall penalize, deny, suspend or revoke the certificate of authorization of any business entity which fails to meet the requirements of laws or rules pertaining to the practice of surveying and mapping.

(9) Business entities shall notify the Board within one (1) month of any changes in the business entity’s location of offices, its licensed surveyors and mappers in residence, and the names of its principals, along with proof to demonstrate the change in principals.

(10) Paragraphs (7)(a) and (b) of this rule, do not apply to construction offices or temporary field offices set up to serve a specific survey site.

History

• Rulemaking Authority 472.011 FS. Law Implemented 472.011, 472.021, 472.0365 FS. History–New 3-22-84, Formerly 21HH-7.03, Amended 3-12-92, Formerly 21HH-7.003, Amended 5-30-95, 5-21-00, 3-25-01, 5-24-06, Formerly 61G17-7.003, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.070 Fees

(1) The application fee is $125.00 for Application for Certificate of Authorization, Application for Temporary or Permanent Licensure as a Surveyor and Mapper, whether by examination or endorsement, and Application for Reactivation of Inactive Licensure. Applicants for examination for internship or Surveyor-in-Training who are currently enrolled in and are in the final year of or who are graduates of an approved surveying and mapping curriculum pursuant to Section 472.013(2)(a), F.S., shall not be required to submit an application fee with their applications.

(2) The examination fee is $120.00 each for each part of the examination.

(3) The fee for permanent licensure or permanent certificate of authorization is $125.00.

(4) The nonrefundable application fee for continuing education provider status is $200.00.

(5) The fee for continuing education provider status is $250.00.

(6) The renewal fee for licensure as a surveyor and mapper and for continuing education providers is $250.00 per biennium.

(7) The renewal fee for certificate of authorization is $350.00 per biennium.

(8) The fee to place an active license on inactive status is $100.00.

(9) The fee to reactivate an inactive license is $50.00.

(10) The fee for temporary certificate as a surveyor and mapper is $25.00.

(11) The fee for temporary certificate of authorization is $50.00.

(12) The fee for reexamination shall be the actual cost incurred by the Department for the administration and scoring of each part of the examination or the amount charged by the Department’s designee or vendor to administer and score the examination. If the examination is administered by a designee of the Department or a vendor, applicants shall pay the examination fee directly to the designee or vendor.

(13) The fee for duplicate license or certificate of authorization is $20.00.

(14) The late renewal penalty for licensure or certificate of authorization is $150.00.

(15) The examination review fee for the Florida Jurisdictional Examination shall be $75.00.

(16) The fee to renew an inactive license on inactive status is $50.00.

(17) The fee to change from inactive status to active status at any time other than at the time of biennial renewal is $25.00, in addition to any additional licensure fees necessary to equal those imposed on an active status licensee.

(18) An individual applying to reinstate his or her null and void survey and mapper license pursuant to Section 472.0202(6)(b), F.S., must pay a non-refundable application fee of $125.00 and also must pay $255.00 for every licensure biennium that the individual failed to renew his or her surveyor and mapper license.

(19) The fee for the certification of a public record is $25.00, in addition to any applicable fees or costs for the duplication of the public record.

(20) Pursuant to Section 472.015(3)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: an honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. Persons seeking a fee waiver shall submit FDACS-10991, Military Fee Waiver Request, 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits their initial applications referenced in subsection (1).

(21) Eligible persons seeking a waiver of renewal fee pursuant to Section 472.016, F.S., shall submit FDACS-10991, Military Fee Waiver Request, Rev. 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required supporting documentation at the time of renewal.

History

• Rulemaking Authority 472.011, 472.019 FS. Law Implemented 472.011, 472.015, 472.016, 472.019(2), 472.023 FS. History–New 1-5-95, Amended 4-2-98, 7-27-00, 6-20-06, Formerly 61G17-8.0011, Amended 11-13-17, 8-15-19.

Fla. Admin. Code R. 5J-17.071 Fee to Enforce Prohibition Against Unlicensed Activity

(1) The Legislature requires each Board to adopt a rule requiring each initial and each renewing licensee to pay an additional $5.00 fee to fund the efforts of the Department to combat unlicensed activity.

(2) Effective July 1, 1993, each initial licensee and each renewing licensee shall pay $5.00 in addition to the fee for initial licensure and licensure renewal to fund the efforts of the Department to combat unlicensed activity.

History

• Rulemaking Authority 472.0365 FS. Law Implemented 472.0365 FS. History–New 3-23-93, Formerly 21HH-8.002, 61G17-8.002.

Fla. Admin. Code R. 5J-17.080 Citations

The offenses enumerated in this rule may be disciplined by the issuance of a citation by the Department of Agriculture and Consumer Services. The citation shall impose the prescribed fine, and the Department may impose the costs of the investigation. If the citation option is accepted by the licensee, the offense will not be brought to the attention of the probable cause panel of the Board.

(1) Citations shall be issued pursuant to Sections 472.0345 and 472.036, F.S. The Department shall only issue citations on “Professional Surveyors and Mappers Uniform Disciplinary Citation” FDACS-10060, Rev. 02/17, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08764.

(2) Citations shall be issued by the Department in accordance with the following procedures:

(a) In lieu of an administrative complaint, the Department may issue a citation based upon a violation of Chapter 472, F.S., which has been designated by rule or statute as an offense for which a citation may be issued.

(b) The citation shall be served on the subject by personal service or by U.S. Mail, certified with return receipt. If the investigation and issuance of a citation was initiated by a consumer complaint, the complainant shall be notified by letter that a complaint has been opened and the citation has been issued.

(c) Citations shall be issued to the subject and shall contain the subject’s name and address, the subject’s license number if licensed, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure set forth in Section 472.033, F.S.

(3) Once a citation has become a Final Order, it shall be filed in accordance with procedures established for the filing of final orders.

(4) All fines and costs assessed pursuant to a citation shall be due and payable in accordance with the procedures established for payment of fines and costs within thirty (30) days of the date the citation becomes a Final Order.

(5) Citations which have become final orders shall be admissible in any subsequent proceeding based on the violation of statute or rule referenced in the citation as evidence of prior knowledge, or intent, or scheme, or design.

(6) Citations imposing the following designated fines may be issued to licensed persons or entities for the violations listed below under the following conditions:

(a) A licensee’s first time violation of the prohibition against false, fraudulent, deceptive or misleading advertising may result in a citation. If a citation is issued, the licensee must pay a fine of $500.00.

(b) A licensee’s first time violation of the prohibition against practicing on a delinquent or inactive license shall result in a citation. If a citation is issued, the licensee must pay a fine of $1,000.00.

(c) A business entity’s first time failure to notify the Board within one (1) month of any changes in the business entity’s location of offices, its licensed surveyor and mapper in residence, or the names of its principal, along with proof to demonstrate the change in principal, may result in a citation if the licensee fails to correct the violation in response to a notice of noncompliance. If a citation is issued, the business entity must pay a fine of $500.00.

(7) Citations imposing a designated fine may be issued to persons or entities unlicensed by the Department for the violations listed below, under the following conditions:

(a) There has been no prior citation, final order, or Notice and Order to Cease and Desist issued to the subject;

(b) There is no evidence of consumer harm in the current case; and

(c) The subject has not previously held a license to practice the activity at issue.

(8) The Department may issue citations in lieu of administrative complaints for the following unlicensed activities and impose the following penalties:

(a) Advertising or otherwise holding ones self out as available to practice the profession of surveying and mapping, or otherwise provide a service, or engage in any activity that requires licensure. If a citation is issued, the subject must be assessed a fine of $500.00, plus costs of investigation and attorney’s fees, if any.

(b) Contracting to perform or performing a service, or offering a bid to engage or engaging in any act or practice, that requires licensure. If a citation is issued, the subject must be assessed a fine of $1,000.00, plus costs of investigation and attorney’s fees, if any.

(9) All citations issued to unlicensed persons under this part shall be accompanied by a Notice and Order to Cease and Desist, as provided by Section 472.036(1), F.S. The Department shall only issue Notice and Orders to Cease and Desist on “Notice to Cease And Desist Unlicensed Professional Surveying and Mapping,” FDACS-10061, Rev. 02/12, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01347.

History

• Rulemaking Authority 472.008, 472.0345, 472.036 FS. Law Implemented 472.0345, 472.0351, 472.036 FS. History–New 1-16-92, Formerly 21HH-9.004, Amended 2-20-96, 10-29-06, 6-11-07, Formerly 61G17-9.004, Amended 10-17-12, 11-13-17.

Fla. Admin. Code R. 5J-17.081 Notices of Noncompliance

The offenses enumerated in this rule shall be the subject of a notice of noncompliance before disciplinary action is taken:

(1) A business entity’s first time failure to notify the Board within one (1) month of any changes in the business entity’s location of offices, its licensed surveyor and mapper in residence, or the names of its principal, along with proof to demonstrate the change in principal.

(2) A licensee’s first time failure to submit proof of continuing education upon response to an audit of continuing education; provided that such proof is submitted within fifteen (15) days of receipt of the Notice of Noncompliance. Failure to submit such proof within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.

(3) A licensee’s first time failure to comply with an order of the Board; provided that the licensee complies with the order within fifteen (15) days of receipt of the notice of noncompliance or begins substantial efforts to comply with the order. Failure to comply or make substantial efforts to comply within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.

(4) A licensee’s first time failure to pay any final judgement entered against a licensee in any civil proceeding involving the licensee’s practice of surveying and mapping; provided that the judgement is paid within fifteen (15) days of receipt of the notice of noncompliance. Failure to pay the judgement within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.

(5) A licensee’s first time failure to respond to an audit of continuing education; provided that the response is made within fifteen (15) days of receipt of the notice of noncompliance. Failure to respond within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.

(6) A licensee’s first time failure to comply with a subpoena authorized by the probable cause panel of the Board; provided that compliance is made within fifteen (15) days of receipt of the notice of noncompliance. Failure to comply with the subpoena within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.

(7) A business entity’s first time unauthorized practice of surveying and mapping, if the business entity has been in operation for less than one year; provided that the business entity applies for authorization within fifteen (15) days of the receipt of the notice of noncompliance. Failure to make application within the fifteen (15) day period shall result in the institution of regular disciplinary proceedings.

History

• Rulemaking Authority 472.0351 FS. Law Implemented 472.033(3) FS. History–New 12-25-95, Amended 10-1-97, 4-8-07, Formerly 61G17-9.0045.

Fla. Admin. Code R. 5J-17.082 Mediation

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

(a) “Mediation” means a process whereby a third person acts to encourage and facilitate the resolution of a dispute between a complainant and licensee without prescribing what the resolution should be. The resolution is an informal and nonadversarial process with the objective of helping the disputants reach a mutually acceptable agreement.

(b) “Mediator” means the employee or agent of the department assigned to conduct the mediation (defined in paragraph (a)) according to the procedures set forth in Section 472.034, F.S., and this rule. No person shall both conduct mediation and investigate the same complaint.

(c) “Disputant” means the complainant or the licensee.

(2) A department investigator shall determine the suitability of a complaint for mediation, employing the criteria set forth in Section 472.034, F.S., and the rules governing eligibility for mediation.

(3) Mediation will be conducted in person or via electronic media or telecommunications, or any combination of the two, as warranted by the circumstances of the mediation.

(4) The mediator shall meet with the complainant and licensee together or separately, as warranted by the circumstances of the mediation.

(5) The mediator shall provide a written report to the department of the mediation results within 14 days of the conclusion of the mediation. The report shall include a completed mediation agreement or a statement that the complaint was not resolved in mediation.

(6) If mediation is rejected by either the complainant or licensee, or should the disputants fail to reach agreement of the mediated solution within the 60-day period, the department shall proceed on the complaint in the manner required by Chapters 120 and 472, F.S.

(7) To determine whether the department will approve a licensee’s participation in the mediation process more than three times, the department shall consider factors including the subject, date, disposition, and number of complaints against the licensee, and the licensee’s history of compliance with board or department orders.

(8) Violations of paragraphs 5J-17.010(6)(f) and 5J-17.010(6)(g), F.A.C., concerning conflicts of interest, can be mediated pursuant to Section 472.034, F.S.

History

• Rulemaking Authority 472.034 FS. Law Implemented 472.034 FS. History–New 5-30-95, Formerly 61G17-9.005, Amended 10-17-12.

Fla. Admin. Code R. 5J-17.083 Probation

(1) A licensee on probation shall:

(a) Timely pay any fine imposed;

(b) Timely attend and submit proof of attendance at any continuing education course or program required by the terms of the probation;

(c) Timely submit required surveys for review by the Probation Committee of the Board;

(d) Attend the Probation Committee meetings where the surveys are reviewed;

(2) A probationer’s failure to comply with probation, or a probationer’s failure to comply with probation on time, shall result in the case being referred to the Department for non-compliance with a final order of the Board and further disciplinary action.

History

• Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018, 472.0351 FS. History–New 12-25-95, Amended 10-27-05, Formerly 61G17-9.006, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.084 Surrender of Seal and Cancellation of Digital Signature

History

• Rulemaking Authority 472.025 FS. Law Implemented 472.025 FS. History–New 10-27-05, Formerly 61G17-9.0065, Repealed 11-13-17.

Fla. Admin. Code R. 5J-17.085 Survey Review

(1) A probationer submitting surveys for review shall:

(a) Provide the Board with a list of all signed and sealed surveys, which shall contain a minimum of three (3) surveys, that have been performed by the probationer, for or without compensation, within 90 days of the date of the final order. The survey list submitted by the probationer shall contain each survey’s project name and/or number, the client name (if available), the date of the survey and the type of survey performed.

(b) The Board’s Probation Chair will randomly select three (3) of the probationer’s signed and sealed surveys for review from the survey list submitted by the probationer. Within five (5) calendar days of being notified by the Board of the surveys that have been selected for review, the probationer shall have post-marked and submitted to the Board office signed and sealed surveys for the surveyed properties selected for review, along with copies of the relevant field notes, the relevant full size record plats, all measurement and computational records, and all other documents necessary for a full and complete review of the surveys. If the probationer does not submit the surveys which have been post-marked within five (5) calendar days of being notified of what surveys have been selected for review, then the probationer will be referred to the Department for non-compliance with a final order of the Board.

(c) Attend the Probation Committee meeting at which the surveys are to be reviewed;

(d) Repeat paragraphs (a)-(c), once if required by the Probation Committee at the meeting where the surveys are reviewed and discussed.

(2) Upon receipt of the signed and sealed surveys and other documents by the Board, either a surveying and mapping consultant selected by the Board or a member of the Probation Review Committee of the Board shall conduct a review of the surveys supplied by the licensee and provide an evaluation report to the Board for review, with all costs associated with said review and report paid to the consultant or the Board by the licensee.

(3) After the first survey review, the Probation Committee will either:

(a) Release the probationer from the terms of the final order if the probationer has complied with all of its terms and if the reviewed surveys are found to meet or exceed the standards of practice, or

(b) Require a second set of surveys for review as contemplated by paragraph (1)(d).

(4) After any second survey review, the Probation Committee will either:

(a) Release the probationer from the terms of the final order if the probationer has complied with all of its terms and if the reviewed surveys are found to meet the standards of practice, or

(b) If the reviewed and discussed surveys do not meet or exceed the standards of practice then the probationer will be referred to the Department for non-compliance with a final order of the Board and further disciplinary action.

History

• Rulemaking Authority 472.008 FS. Law Implemented 472.0351 FS. History–New 12-25-95, Amended 10-1-97, 5-17-99, 2-23-05, 6-20-06, Formerly 61G17-9.007, Amended 10-17-12, 11-13-17, 7-11-19.

Fla. Admin. Code R. 5J-17.086 Appointment to the Board

Persons wishing to apply for appointment to serve as a member of the Board of Professional Surveyors and Mappers must complete “Board of Professional Surveyors and Mappers Appointment Questionnaire” FDACS-10059, Rev. 11/22, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14955.

History

• Rulemaking Authority 472.006(6) FS. Law Implemented 472.007(2) FS. History–New 11-13-17, Amended 12-27-22.

Fla. Admin. Code R. 5J-17.102 Financial Integrity of the Board

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

(a) “Anticipated costs” means the projected direct and indirect costs and administrative overhead of the Board based upon the current fiscal year’s legislative appropriation enactment and other anticipated initiatives.

(b) “Reasonable cash balance” means a positive cash balance which must exist at the end of each fiscal year, plus and minus the Department’s projections of revenue and expenditures of the Board for the next 24-month period.

(c) “Projection” means the Department’s projected cash balance for the Board based upon the Board’s projected revenues including license fees, application fees, examination fees, and fines, and the Department’s projected anticipated costs for the Board.

(2) The Department shall notify the Board when the Board’s license fees are inadequate to maintain a reasonable cash balance based upon the Department’s projection.

(3) When sufficient action is not taken by the Board within one calendar year of notification as required in subsection (1), the Department shall set license fees on behalf of the board to cover all anticipated costs and to maintain a reasonable cash balance.

(4) The Department is authorized to permit a temporary loan of funds to the Board, if the Board is operating at a deficit. Any request for a loan shall be made to the Director of the Division of Consumer Services and shall state:

(a) That the Board is currently operating at a deficit; and,

(b) That the Board has already assessed a one-time fee to eliminate the cash deficit or to maintain the financial integrity of the Board within the last fiscal year.

(5) Upon verification of the information stated in the request, the Department shall loan funds sufficient to maintain a reasonable cash balance.

(6) No action taken under this section will extend beyond two years. All loans authorized under this section will be repaid by the Board within two years from the date of the loan. All loans authorized under this section will be repaid with interest calculated at the then prevailing rates paid for investments in the State Treasury to the credit of the General Inspection Trust Fund of the Department of Agriculture and Consumer Services.

History

• Rulemaking Authority 472.008, 472.011 FS. Law Implemented 472.011 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.200 Definitions

When used in rule Chapter 5J-17, F.A.C., the following terms shall have the meanings provided:

(1) “Country” shall mean any independent or dependent governmental unit with established boundaries within the Western Hemisphere.

(2) “A country in the Western Hemisphere which lacks diplomatic relations with the United States” shall mean any country which the Secretary of State of the State of Florida confirms lacks diplomatic relations with the United States.

(3) “Western Hemisphere” shall mean the land masses known as North America, Central America and South America and the islands which are geographically related to such masses.

History

• Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New 10-17-12, Amended 11-13-17.

Fla. Admin. Code R. 5J-17.203 Examinations for Licensure of Foreign-Trained Exiled Professionals

(1) The examination for licensure of foreign-trained exiled professionals shall be a written practical examination which tests the current ability of the applicant to practice the profession of professional surveying and mapping. The examination shall not test the academic and preprofessional fundamental knowledge of the applicant.

(2) The examination for applicants to be licensed to practice professional surveying and mapping shall be the Practice and Principles examination as prepared by the Department, or an examination equivalent to it. The examination will test the applicant’s ability to apply acceptable practice of professional surveying and mapping to problems in the following areas:

(a) Sectionalized Land;

(b) Metes and Bounds;

(c) Lot and Block;

(d) Water Boundary;

(e) Condominium;

(f) Right-of-Way;

(g) Topographic;

(h) Construction Layout;

(i) Legal Responsibilities and Records Research;

(j) Legal Description and Report Preparation, and,

(k) Record Plat Computations.

(3) Translation of Examinations. Whether a translated examination will be provided will be determined by the Department by the availability of a translated examination and the applicant’s ability to bear the cost of translation before a translation is prepared.

(4) An applicant may sit for the examination the number of times and under such conditions as provided in Chapter 472, F.S.

(5) The passing score for the Professional Surveying and Mapping examination shall be 70% of the total possible points on the examination.

History

• Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.204 Graduation Documentation; Verification by Professional Association in Exile

(1) Documentation of graduation shall include copies of any document which properly identifies:

(a) The applicant by name;

(b) Completion of academic requirements;

(c) The name and location of the college, university or school from which the document was received;

(d) The signature(s) of person(s) responsible for awarding such document, and,

(e) The date on which the document was awarded.

(2) Verification by professional association in exile; signature of officer or executive officer.

(a) The professional association in exile shall verify the documentation of graduation presented in support of an application for licensure by attaching a statement to the documentation which statement includes the following text: The document attached hereto is, to the best knowledge of the (name of association in exile) and to the best knowledge of the undersigned officer(s) of said association, a true representation of the facts contained therein, and the person named on said document is known to be the same person seeking licensure for the practice of surveying and mapping by submission of the application for which said document is submitted as partial satisfaction of requirements for licensure.

(b) The signature affixed to the verification shall be that of one of the duly elected officers of the association, identified as such below the signature. However, an executive officer may sign the verification if meeting minutes are attached wherein the association or its board of directors authorizes specifically such officer employed by the association to act in its behalf in this matter.

(3) Translation. When the documentation of graduation is in any language other than English, a translation shall be attached thereto, such translation prepared and signed by a college or university professor in foreign language or any other person who is a generally accepted authority in translation activity.

History

• Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.206 Three Years Lawful Practice for Foreign Trained Exiled Professionals

(1) Three years of lawful practice shall consist of experience by reason of practice in the practice of surveying and mapping. Such lawful practice shall include valid licensure in the jurisdiction wherein the practice occurred if such licensure was required. Three years practice shall include continuous and noncontinuous practice, provided the requirements described above were met during such practice.

(2) An applicant for licensure pursuant to Section 472.0101, F.S., shall submit proof of three years lawful practice in one of the following forms:

(a) Copies of licenses or renewals thereof for the years of practice when the applicant possesses such licenses or renewals or has reasonable access to same for submission.

(b) In lieu of copies of licenses, a letter of recommendation from three persons who are licensed Florida professional surveyors and mappers may be submitted. Such letters shall certify the dates the writer has known the applicant, the writer’s association with the applicant, the writer’s personal knowledge that the applicant has lawfully practiced, indicating the length of time and the place or places where he knows the applicant has practiced. The name, address and license number of the writer of such letters shall appear on the letters.

History

• Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.208 Pre-examination Continuing Education Program for Foreign Trained Exiled Professionals

The term “program” when used in this rule means the pre-examination continuing education course of study provided in Section 472.0101, F.S.

(1) The content of the program shall be designed to prepare the applicant for examination for licensure. The program is to prepare the applicant for passage of a written practical examination which tests his ability to practice professional surveying and mapping.

(2) Providers of the program may be businesses in the private sector or entities within private or public vocational schools, community colleges or private or public universities provided the program is approved pursuant to these rules.

(3) Before a program is offered to an applicant as satisfying the requirements of this rule, such program shall be approved by the Department.

(a) Approval by the Department shall be based upon a finding by the Department that the program satisfies the following requirements:

1. Documentation of program content to demonstrate adequate training and coursework to prepare applicants for examination to practice the profession. Such training and coursework shall include a diagnostic evaluation of the applicant’s completion of the program. Adequate training and coursework include attendance by applicant of no less than ninety (90) percent of the class sessions.

2. Description of the class hours, other time requirements and other requirements placed on applicants to satisfactorily complete the program.

3. Cost of program to applicants.

4. Dates program will be offered.

(b) The proposed program provider shall submit the request for program approval to the Department with the documentation required hereinabove.

(c) A program completed within 2 years prior to submission of an application shall be approved by the Department pursuant to receipt and approval of documentation which complies with the provisions of this rule.

(4) The following documents include, but are not limited to, the type of documentation which the Department will accept as demonstrating successful completion of a program:

(a) A copy of a certificate of completion, including the program title and date completed, signed by an officer of the approved provider company or institution.

(b) A letter or copy of a letter from an officer of the company or a letter or a copy of a letter from an officer of the institution. Said letters shall state that the named applicant successfully completed the named program and give the date of completion.

History

• Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.210 Fees for Foreign Trained Exiled Professionals

(1) Applicants for licensure as foreign-trained exiled professionals shall submit an application fee of $100 with their application.

(2) The fees for examination of foreign-trained exiled professionals shall be determined by the cost to the Department for acquisition, preparation, administration, grading and the review of examinations. The examination fees shall be assessed to each applicant by the Department and such fees shall be paid to the Department by the applicant when the Department requires. The examination fees shall be paid in two parts.

(a) The examination development fee shall be paid to the Department when the applicant is notified that his application is complete, that he is qualified for examination and that the examination development fee in the amount stated is due, including the date the fee is due.

(b) The examination administration fee shall be paid to the Department before the date due when the Department notifies the applicant that he is scheduled to sit for the examination and the time and place of the examination for which the applicant is scheduled.

(3) Upon notification of passage of the examination, the applicant shall pay to the Department a licensing fee of $200 prior to receipt of the license to practice.

History

• Rulemaking Authority 472.0101 FS. Law Implemented 472.0101 FS. History–New 10-17-12.

Fla. Admin. Code R. 5J-17.400 Special Assessment Fee

History

• Rulemaking Authority 472.008, 472.011(12) FS. Law Implemented 472.011(12) FS. History–New 3-14-11, Repealed 11-13-17.

Chapter 5J-18 PERMITTING AND INSPECTION REQUIREMENTS FOR AMUSEMENT DEVICES AND AMUSEMENT ATTRACTIONS

Fla. Admin. Code R. 5J-18.001 Definitions

The definitions in Sections 616.001 and 616.242(3), F.S., and the following definitions shall apply:

(1) In-house, full-time safety inspector. A person who is a full-time employee of a permanent facility and who is a professional engineer, or is a qualified inspector, as defined by statute, Sections 616.242(3)(p) and (q), F.S.

(2) Working Day. Each day that is not a Saturday, Sunday or a holiday as defined by Section 110.117, F.S.

(3) United States Amusement Identification (USAID). The metal plate issued by the department or another jurisdiction that is attached to each amusement ride, and which contains a unique serial number to identify each amusement ride that has been permitted in this state.

(4) Super Amusement Ride – Means an amusement ride which, because of its design, size, passenger capacity, restraint system or operating characteristics, requires an extensive or extraordinary amount of inspection time to assure compliance with requirements of law and rule, when compared with kiddie or non-kiddie amusement rides. The following amusement rides, and all like rides are classified as super amusement rides.

Amusement Ride Manufacturer

Amusement Ride Name

(a) AK Rides

Swing Tower, Starflyer, Skyflyer, Airflyer

(b) Aerodium Technology

Wind Tunnel

(c) Allen Hershell

Flying Bobs, Skywheel

(d) Alta Cable Ski

Cable Ski

(e) ARM

Ali Baba, 1001 Nights, Full Tilt, Typhoon, Drop Zone, Supershot, Touchdown, Vertigo

(f) Arrow Dynamics

Flume Ride

(g) Battech Ent.

Downdraft

(h) Bertazzon

Super Himalaya, Swing Carousel, Music Express, Rock and Roll

(i) Blackmon Engineering

Vertical Accelerator

(j) Bojux Co.

Surf Bench, Crazy Dance

(k) Bruno Rixen

Cable Water Ski, Knee Ski

(l) Bungee Adventure

Ejection Seat, Ripline

(m) Chance Rides

Century Wheel, Giant Wheel, Chaos, Falling Star, Gentle Giant, Gondola Wheel, Inverter, Slingshot, Sky Wheel, Flying Bobs, Alpine Bobs, Thunderbolt, Rock-n-Roll, Music Fest, Himalaya

(n) Cheer Manufacturing

Skyrides, Zipline Roller Coaster

(o) Confolding S.R.O.

Extreme

(p) Cosmont

Jaguar Express, Tidal Wave, Wipeout, Yo Yo

(q) Custom Fabrications

Great American 19

(r) Custom Locomotives

Victorian, General Trains

(s) Doppelmayer

Gondola Lift

(t) Drop Zone LTD

Power Fan

(u) Dutch Wheels

Giant Wheel

(v) Eli Bridge Company

Big Eli Wheel, Hy-5, Eagle 16, Ferris Wheel

(w) Euro Rides

Double Shock, Shock Wave

(x) Expo Wheels LLC

Expo Wheel

(y) FarFabri/Fabbri

Backlash, Banzi, Bonzai, Crazy Dance, Evolution, Flipper, Footloose, Force 10, Megadrops, Space Loop, Kamikaze, Looping, Screamer, Drop Zone, Jungle Drop, Giant Wheel

(z) Funtime

Ejection Seat

(aa) Funtime Handles

Slingshot, Orlando Starflyer, Vomatron

(bb) Future Amusements

Wild Thang

(cc) GCI

White Lightning

(dd) Gravity Krafts

Mine Blower

(ee) Gravity Works

Blender, Ejection Seat, Skyscraper

(ff) HK Power Co.

Train

(gg) Harper & Parsons

Vertical Accelerator

(hh) Heinrich Mack

Runaway Trains, See Sturm Bahn, Raupen Bahn, Polar Express, Cortina Bob

(ii) High Lite Rides

Fair Wheel, Family Wheel

(jj) Huss Heiner

1001 Nachts, Enterprise, Pirate, Pirate Ship, Rainbow, Top Spin, Tornado, Frisbee

(kk) In His Name

Sky Flyer

(ll) Inta Fair Holland

Giant Wheel

(mm) Intamin Inc.

Island In the Sky, Parachute Ride, Orlando Eye

(nn) Interpark

Galaxy Coaster, Zyclon

(oo) K.T. Emmitt

Devastator

(pp) K.T. Enterprises

Twister

(qq) K.M.G.

Fireball, Wild Claw, Tango, Space Port, Cyclops, Freakout, Speed, Inversion, Super Spin, Experience, Sky Swing, Fun Factory, Hurricane, Khaos, Air Raid, Hydra, Rock It, The Beast

(rr) Lamberink

Midway Sky Eye

(ss) Larson/Hi Roller Mfg/LMC

Ring of Fire, Superloop, Fireball, Stardancer

(tt) Leap of Faith

Wild Claw, Wild Thang, Cyclone

(uu) Majestic Rides Mfg.

Music Express

(vv) MCL Park

Giant Wheel, Gondola Wheel

(ww) Mecca Productions

Ice Slide

(xx) Miler

The Hurricane

(yy) Mondial

Space Roller, Fighter, Magnum

(zz) Mulligan Enterprises

Giant Wheel, Gondola Wheel, Mulligan Wheel

(aaa) O.D. Hopkins

Sky Lift, Sky Ride, Sky Glider

(bbb) Oceaneering International

Shuttle Launch Experience

(ccc) Philadelphia Toboggan

Roller Coaster

(ddd) Pinfari

Looping Roller Coaster, Zyclon, Emerald Coaster, RC 48 Coaster, Super Cyclone, Bullet Train Coaster

(eee) Pro Drag LLC

Nitro Alley Dragster

(fff) Reverchon

Explorer, Log Flume, White Water, Niagra Flume, Roc-N-Rapids, White Water Flume, Wild River, Himalaya, Bee Bop Express, Polar Express, Crazy Mouse, Super Himalaya

(ggg) Rides R Us

Human Slingshot

(hhh) Ronald Bussink

Super Wheel

(iii) S & S Power

Double Shot Towers, Snow Shot, Space Shot, Screamin Swing

(jjj) SBF

Drop-N-Twist

(kkk) SDC

Himalaya, Hurricane Rollercoaster, Pirate Ship, Wild Cat, Windstorm Coaster, Moonraker, Mark I, Gondola Wheel, Hang 10

(lll) Sartori

Kamikaze, Looping, Screamer

(mmm) Schiff

Roller Coaster

(nnn) Schwarzkofp

Dopple Loop, Log Flume, Wildcat Coaster, Swiss Bobs, Enterprise

(ooo) Sesitec GMBH

Cable Ski

(ppp) Sky Fun I

Sky Coaster

(qqq) Sky Venture

I Fly

(rrr) Soriani Moser

Crazy Flip, Dream Machine, Drop of Fear, Extacy, Flip N Out, G Force, Star Force, Wild River Raft, Wind Shear, Sky Flyer

(sss) Technical Park

Dream Wheel, Extreme, Street Fighter, Street Fighter 360, High Energy, Ciclone, Vortex, Chaos, Fly Surf, Pegasus, Delusion, Stinger, Hyperloop, S.F. Revolution, Dream Catcher, Ferris Wheel, Star Dancer, Sky Fighter

(ttt) The Joseph Co.

Vertical Accelerator

(uuu) Top Fun

Terminator

(vvv) Tivoli

Force 10, Spinout, Orbitor, Predator, Scorpion, Typhoon, Remix, Techno Power

(www) Tower Specialties

Ricky’s Rocket, Vertical Accelerator

(xxx) UA Attractions

Ninja Course

(yyy) Universal

Sky Ride

(zzz) Vekoma

Freedom Flyer

(aaaa) Vickers

Abbot Tank, APC

(bbbb) Visa Intl.

Cyclon Coaster, Midi Dance Party, Euro Slide, Slide 8

(cccc) White Water

Log Flume, Roaring Springs

(dddd) Widsom/WMI Industries

Gravitron/Starship type amusement rides; Stampede, Himalaya, Rip Curl, Music Express, Y Factor, Jungle Twist, Matterhorn, Polar Express

(eeee) Winkler

Swing Tower, Starflyer, Skyflyer

(ffff) Zamperla

Energy Storm, Mixer, Power Surge, Turbo Force, Windstorm Roller Coaster, Wave Swinger, Crazy Mouse, Nitro, Vertical Swing, Star Tower, Wild Mouse

(gggg) Zierer

Flitzer, Racing Flitzer, Wave Swinger, Indy 500

(hhhh) Zig Zag

Zig Zag Rail

(iiii) Multiple Manufacturers

Elevated Go-Kart Tracks

(jjjj) Multiple Manufacturers

High Speed Go-Kart Tracks

(kkkk) Multiple Manufacturers

Waterslides (same platform, multiple slides)

(llll) Multiple Manufacturers

Zipline/Aerial Adventure Courses

History

• Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 1-22-02, Formerly 5F-8.001, Amended 7-5-16, 10-29-19, 11-18-20, 5-22-24.

Fla. Admin. Code R. 5J-18.0011 Standards Adopted

The following standards, materials and practices are hereby adopted and incorporated by reference. Copies of the following publications may be obtained from the sources referenced below and are available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. Posting of the materials referenced in subsections (1) through (7) on the internet for purposes of public examination would violate federal copy right law.

(1) ASTM International Committee F-24 on Amusement Rides and Devices Designation.

(a) F747-23 “Standard Terminology Relating to Amusement Rides and Devices.”

(b) F770-23 “Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices.”

(c) F1159-16e1 “Standard Practice for Design of Amusement Rides and Devices that are Outside the Purview of Other F24 Design Standards.”

(d) F1193-23 “Standard Practice for Quality, Manufacture, and Construction of Amusement Rides and Devices.”

(e) F1957-99 (2017) “Standard Test Method for Composite Foam Hardness-Durometer Hardness.”

(f) F2007-18 “Standard Practice for Design, Manufacture, and Operation of Concession Go-Karts and Facilities.”

(g) F2137-19 “Standard Practice for Measuring the Dynamic Characteristics of Amusement Rides and Devices.”

(h) F2291-23b “Standard Practice for Design of Amusement Rides and Devices.”

(i) F2374-22 “Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices.”

(j) F2375-09 (2017) “Standard Practice for Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh Used in Amusement Rides, Devices, Play Areas, and Attractions.”

(k) F2376-23 “Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems.”

(l) F2460-19 “Standard Practice for Special Requirements for Bumper Boats.”

(m) F2461-20a “Standard Practice for Manufacture, Construction, Operation, and Maintenance of Aquatic Play Equipment.”

(n) F2959-23a “Standard Practice for Aerial Adventure Courses.”

(o) F2960-23 “Standard Practice for Permanent Amusement Railway Ride Tracks and Related Devices.”

(p) F2974-22 “Standard Practice for Auditing Amusement Rides and Devices.”

(q) F3054-23 “Standard Practice for Operations of Amusement Railway Rides, Devices, and Facilities.”

(r) F3133-21 “Standard Practice for Classification, Design, Manufacture, Construction, Maintenance, and Operation of Stationary Wave Systems.”

(s) F3158-22 “Standard Practice for Patron Transportation Conveyors Used with a Water Related Amusement Ride or Device.”

(t) F3214-23 “Standard Practice for Characterization of Fire Properties of Seating, Upholstery, and Padding Materials for Vehicles Associated with Amusement Rides and Devices.”

(u) F3559-23 “Standard Guide for ASTM F24 Standards Governing Lifecycle Management of Amusement Rides and Devices.”

The above referenced F-24 Committee standards are compiled by ASTM International in the 2024 Annual Book of ASTM Standards, Volume 15.07. A copy of this publication or the individual standards can be obtained by contacting ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959; Phone (610)832-9585; www.astm.org.

(2) National Electrical Code (NEC) Handbook, Article 525, “Carnivals, Circuses, Fairs, and Similar Events,” 2014 Edition. A copy of this publication can be obtained by contacting the National Fire Protection Association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone 1(800)344-3555; www.nfpa.org.

(3) National Fire Protection Association (NFPA), Document 101, “Life Safety Code”, 2021 Edition, Paragraphs 3.3.37.9, 12.4.9, and 13.4.9, each entitled “Special Amusement Buildings” and the corresponding provisions of Annex A. A copy of this publication can be obtained by contacting the National Fire Protection Association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone 1(800)344-3555; www.nfpa.org.

(4) ASTM International Designation E543-15, “Standard Specification for Agencies Performing Nondestructive Testing.” A copy of this publication can be obtained by contacting ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959; Phone (610)832-9500; www.astm.org.

(5) American Society for Nondestructive Testing (ASNT), Recommended Practice No. SNT-TC-1A, “Personnel Qualification and Certification in Nondestructive Testing,” 2016 Edition. A copy of this publication can be obtained by contacting the American Society For Nondestructive Testing, 1711 Arlingate Lane, Post Office Box 28518, Columbus, Ohio 43228-0518; phone 1(800)222-2768; www.asnt.org.

(6) UIAA (Union Internationale des Associations d’Alpinisme), Mountaineering and Climbing Equipment.

(a) ‘Dynamic Ropes’ UIAA 101, May 2016.

(b) ‘Harnesses’ UIAA 105, May 2014.

(c) ‘Connectors/Karabiners’ UIAA 121, February 2016.

Copies of these publications may be obtained by contacting the UIAA, Monbijouistrasse 61, Postfach, CH – 3000 Bern 23, Switzerland; www.theuiaa.org.

(7) The National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012 Edition. A copy of this publication may be obtained by contacting the NFPA, 1 Batterymarch Park, Quincy, MA 02169-7471.

(8) Federal Motor Vehicle Safety Standard 218, section 571.218, Title 49, Code of Federal Regulations, 2011 Edition. A copy of this publication may be obtained by contacting the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 or the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or may be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08484.

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4) FS. History–New 2-14-99, Amended 10-2-07, 5-30-10, Formerly 5F-8.0011, Amended 7-5-16, 7-27-17, 5-2-19, 10-29-19, 5-22-24.

Fla. Admin. Code R. 5J-18.0012 Bureau of Fair Rides Inspection Forms

The following forms are hereby incorporated by reference. Copies of these publications may be obtained from the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or online as indicated below.

Form Number

Revised

Title

(1) FDACS 03424

07/19

Fair Rides Owner’s Daily Inspection Report (Carnival Type),

http://www.flrules.org/Gateway/reference.asp?No=Ref-11146

(2) FDACS 03425

07/19

Fair Rides Owner’s Daily Inspection Report (Water Park),

http://www.flrules.org/Gateway/reference.asp?No=Ref-11147

(3) FDACS 03426

09/20

Fair Rides Owner’s Daily Inspection Report (Go-kart Track/Vehicle),

http://www.flrules.org/Gateway/reference.asp?No=Ref-12302

(4) FDACS 03427

07/19

Fair Rides Owner’s Daily Inspection Report (Bungy),

http://www.flrules.org/Gateway/reference.asp?No=Ref-11149

(5) FDACS 03428

07/19

Fair Rides Written Accident Report

http://www.flrules.org/Gateway/reference.asp?No=Ref-11150

(6) FDACS 03430

07/20

Fair Rides Mechanical, Structural or Electrical Defect/Failure Report,

http://www.flrules.org/Gateway/reference.asp?No=Ref-12303

(7) FDACS 03431

05/24

Fair Rides Employee Training Record,

http://www.flrules.org/Gateway/reference.asp?No=Ref-16669

(8) FDACS 03433

09/25

Fair Rides Affidavit of Compliance and Nondestructive Testing (NDT)

http://flrules.org/Gateway/reference.asp?No=Ref-18624

(9) FDACS 03434

05/24

Affidavit of Annual Inspection for Exempt Facilities,

http://www.flrules.org/Gateway/reference.asp?No=Ref-16671

(10) FDACS 03438

09/20

Fair Rides Request for Temporary Amusement Ride Permit Inspection or Re-Inspection,

http://www.flrules.org/Gateway/reference.asp?No=Ref-12306

(11) FDACS 03439

09/20

Fair Rides Request for Annual Permit Inspection or Re-Inspection,

http://www.flrules.org/Gateway/reference.asp?No=Ref-12307

History

• Rulemaking Authority 616.165, 616.242(4), (5), (6), (7), (8), (11)(a)1., (12), (15), (16), (17) FS. Law Implemented 616.242(4), (5), (6), (7), (8), (11)(a)1., (12), (15), (16), (17) FS. History–New 2-14-99, Amended 5-30-05, 10-2-07, 5-30-10, Formerly 5F-8.0012, Amended 2-26-14, 7-27-17, 10-14-18, 10-29-19, 11-18-20, 6-27-24, 12-14-25.

Fla. Admin. Code R. 5J-18.002 Annual Permit or Temporary Amusement Ride Permit, Request for Re-Inspection, USAID Number

(1) The owner or manager of a permanent amusement ride shall make application to the department via the online registration portal at https://FairRides.FDACS.gov, for an annual permit and inspection, or re-inspection for each amusement ride in accordance with Section 616.242(5), F.S., on department form FDACS 03439, Fair Rides Request for Annual Permit Inspection or Re-Inspection, 09/20, as incorporated by reference in Rule 5J-18.0012, F.A.C.

(2) The owner or manager of a temporary amusement ride shall make application to the department via the online registration portal at https://FairRides.FDACS.gov, for the temporary amusement ride permit and inspection, or re-inspection for each amusement ride in accordance with Section 616.242(6), F.S., on department form FDACS 03438, Fair Rides Request for Temporary Amusement Ride Permit Inspection or Re-Inspection, 09/20 as incorporated by reference in Rule 5J-18.0012, F.A.C.

(3) The following documents shall be on file with the department or accompany the written application:

(a) Manufacturer’s ride operations manual, including all bulletins concerning safety, operation or maintenance of the amusement ride.

(b) Amusement ride operating document specified in ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(c) Maintenance checklist for each ride. Checklist shall be in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(4) The current Fair Rides Affidavit of Compliance and Nondestructive Testing required by Section 616.242(7)(a), F.S., shall be on file or provided at time of inspection on department form FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing (NDT), Rev. 09/25, as incorporated by reference in Rule 5J-18.0012, F.A.C., unless the amusement ride is exempt pursuant to Section 616.242(7)(e), F.S.

(5) Each amusement ride permitted in this state shall have a USAID number assigned and shall have a USAID plate affixed to the amusement ride by the owner. If a USAID number has been previously assigned to the amusement ride and there is no USAID plate affixed to the ride, the inspector will assign a new USAID number to the ride, the owner shall affix the plate to the ride and the department shall assess a fee for replacement of the lost USAID plate as provided by Rule 5J-18.012, F.A.C.

(6) If an application for a permanent amusement ride permit is received by the department less than 15 days before the existing permit expires or the amusement ride’s first use at a new location, the department shall assess a late request fee as provided by Rule 5J-18.012, F.A.C.

(7) If an application for a temporary amusement ride permit is received by the department less than 14 days before the date of first intended use at a new location, the department shall assess a late request fee as provided by Rule 5J-18.012, F.A.C.

(8) After a permit application is received by the department and an inspection of the amusement ride is not needed by the owner requesting a permit, that owner or manager shall cancel the request for inspection by email or by fax transmission at least three working days prior to the scheduled date of the inspection. If an owner fails to timely cancel a request for inspection or upon arrival rides are not ready for inspection, the department shall assess a failure to cancel fee as provided by Rule 5J-18.012, F.A.C. If an owner cancels an inspection request that is included in a late permit application, a failure to cancel fee as provided by Rule 5J-18.012, F.A.C., shall be assessed.

(9) When a permit application is timely submitted, the department will allow a variation of plus or minus 10% from the number and type of rides for which inspection was initially requested, without asessing additional fees for late inspection requests or for failing to cancel inspection requests, as set forth in Rule 5J-18.012, F.A.C.

(10) Department forms and cancellation requests sent by email or fax transmission and received outside of normal business hours, 8:00 a.m. through 5:00 p.m. (EST), or on a day other than a working day, will be considered received by the department on the next working day.

(11) If the department returns to a site to reinspect an amusement ride for failure to pass any department inspection, the department shall assess a reinspection fee as provided by Rule 5J-18.012, F.A.C.

(12) If the department returns to an amusement ride while still on site during the scheduled event inspection to reinspect an amusement ride for failure to pass any department inspection, the department shall assess a reinspection fee as provided by Rule 5J-18.012, F.A.C.

(13) Reinspections will not be conducted on weekends or state holidays.

(14) Separate requests for permit inspection on devices with the same USAID numbers, at the same event locations during the same or consecutive dates will not be accepted. Requests for reinspection will not be accepted for rides for which an inspection or reinspection has already been scheduled but has not been either completed or cancelled.

(15) Event location changes for permit applications and associated inspection requests must be requested at least three working days prior to the requested inspection date. If an owner or manager requests an event location change less than three working days prior to the requested inspection date, a late inspection request fee shall be assessed as provided by Rule 5J-18.012, F.A.C. Event location changes will be granted based on inspection staff availability.

History

• Rulemaking Authority 616.165, 616.242(5), (8) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.002, Amended 10-29-19, 11-18-20, 6-27-24, 12-14-25.

Fla. Admin. Code R. 5J-18.003 Qualified Inspectors

(1) Each person seeking to perform amusement ride inspections as a Qualified Inspector (QI) for an insurance underwriter and execute the FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing (NDT), Rev. 09/25, as incorporated by reference in Rule 5J-18.0012, F.A.C., shall provide the department the following documents and information:

(a) Written certification from an insurance company, which certification must be renewed by the insurance company every 3 years, verifying that the applicant is an employee or agent of the company and is authorized to act as a qualified inspector for that insurance company, which is insuring the amusement ride; and,

(b) Information which will verify employment dates together with names and addresses of employers for such period of time as will demonstrate the required experience in the amusement ride field; at least two years of which were involved in actual ride inspection with an amusement ride manufacturer, government agency, park, carnival or insurance company; and,

(c) A written statement or certificate from a school or seminar which demonstrates at least eighty hours of formal education from a school or seminar for amusement ride inspection or ride safety, which is approved by rule of the department, during the past five years. Nondestructive testing training that meets the requirements of American Society of Nondestructive Testing (ASNT) may be substituted for up to half of the required hours of formal education; and,

(d) A written statement or certificate from a school or sponsor of a seminar showing thirty-two hours per year of continuing education annually at a school or schools, or a seminar, approved by the department. These continuing education hours may include in-service industry or manufacturer updates and seminars. Curriculum subjects considered for credits are those subjects included in schools or seminars conducted or sponsored by: National Association of Amusement Ride Safety Officials (NAARSO), Amusement Industry Manufacturers and Suppliers International (AIMS), Council for Amusement and Recreational Equipment Safety (CARES), Association for Challenge Course Technology (ACCT), or any nationally recognized amusement ride organization, ride inspector or ride safety training programs conducted or sanctioned by state or local government amusement ride regulatory agencies in any jurisdiction, exempt permanent facilities in the state of Florida, and vocational training programs that reasonably relate to amusement ride safety or inspection, or other nationally recognized programs relating to amusement ride inspection or ride safety. Nondestructive testing training that meets the requirements of ASNT may be substituted for up to half of the required hours of continuing education.

(e) When a Qualified Inspector possesses the requisite qualifications the department will provide the applicant a qualified inspector number designating that person as a qualified inspector for the purpose of executing the Fair Rides Affidavit of Compliance and Nondestructive Testing. The qualified inspector number shall be used when executing the required affidavits. The qualified inspector number issued by the department to a qualified inspector shall be valid for one year, so long as the applicant possesses the qualifications required by Section 616.242(3)(q), F.S.

(f) The department acknowledges the amusement ride education programs of NAARSO, AIMS, CNA Insurance, ACCT, and the Pennsylvania Amusement Ride Safety Seminar, as educational programs meeting the department’s requirements to certify a qualified inspector.

(g) A sponsor or an attendee of any school or seminar that concerns, or is reasonably related to, amusement ride inspection or ride safety may request consideration as an educational program which meets the requirements of this rule by contacting the Bureau Chief, Bureau of Fair Ride Inspections, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500; Phone: (850)410-3838; FAX: (850)410-3797; or by email to FairRides@FDACS.gov.

(2) Each person seeking authorization to perform amusement ride inspection as a Professional Engineer (PE) and execute the Fair Rides Affidavit of Compliance and Nondestructive Testing shall submit to the department a copy of his or her professional engineer’s license issued by the Department of Business and Professional Regulation of the State of Florida or the equivalent licensing body in another state. Upon receipt of proof of current licensure the department will acknowledge receipt of that license in writing. A PE shall use their professional engineer’s license number when executing the Fair Rides Affidavit of Compliance and Nondestructive Testing. The authorization to execute the Fair Rides Affidavit of Compliance and Nondestructive Testing shall remain valid for one year, unless the QI or PE ceases to possess the qualifications required by law.

(3) The QI or PE shall perform inspections on all inspection points identified in the manufacturer’s manual, manufacturer’s inspection bulletins and ride operations manual.

(4) The QI or PE shall review the maintenance documentation of the ride when determining if additional Nondestructive Testing is required.

(5) When a QI or PE no longer possesses the qualifications required by Section 616.242(3)(p) or (q), F.S., that person shall immediately notify the department by fax: (850)410-3797; or by email to FairRides@FDACS.gov, and shall cease to act as a qualified inspector.

History

• Rulemaking Authority 616.165, 616.242(3)(p), (q), (5) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 10-10-01, 5-30-05, 10-2-07, Formerly 5F-8.003, Amended 10-29-19, 11-18-20, 6-27-24, 12-14-25.

Fla. Admin. Code R. 5J-18.004 Nondestructive Testing of Amusement Rides

(1) In accordance with the requirements of Section 616.242(7), F.S., nondestructive testing of amusement rides shall be conducted on all inspection points identified, including all relevant bulletins and shall be reported to the department for each amusement ride by the Qualified Inspector or PE on department form FDACS-03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, (NDT), Rev. 09/25, incorporated by reference in Rule 5J-18.0012, F.A.C.

(2) All nondestructive testing of amusement rides shall be conducted by a level II or level III nondestructive technician certified in accordance with American Society of Nondestructive Testing (ASNT) recommended practice SNT-TC-1A.

(3) Additional, nonvisual nondestructive testing of specified amusement rides shall be conducted in accordance with the provisions set forth in this subsection.

(a) Notwithstanding any other provision adopted by rule and in addition to all other testing required pursuant to Section 616.242, F.S., the amusement rides listed below must undergo nonvisual nondestructive metal fatigue testing of wall thickness of all sealed tubular components upon initial entry into the state and prior to undergoing a department inspection. Additional nonvisual nondestructive metal fatigue testing shall occur every 5 years thereafter.

1. If all sealed tubular components of an amusement ride are replaced with newly manufactured components purchased directly from the amusement ride manufacturer after August 1, 2017, nonvisual nondestructive metal fatigue testing of the sealed tubular components shall be conducted 5 years after the purchase date of the components and every 5 years thereafter.

2. If an amusement ride has a manufacture date after August 1, 2017, nonvisual nondestructive metal fatigue testing of the sealed tubular components shall be conducted 5 years after the manufacture date of the amusement ride and every 5 years thereafter.

3. Notwithstanding the requirements of subparagraphs (3)(a)1. and 2., if the manufacturer of an amusement ride establishes a schedule for nonvisual nondestructive metal fatigue testing of sealed tubular components, the amusement ride shall undergo such testing in accordance with the manufacturer’s published schedule.

(b) The owner or manager shall consult with the manufacturer of the amusement ride to determine specifications for acceptable wall thickness of all sealed tubular components for the amusement ride. If the manufacturer of the amusement ride is no longer in business or refuses to provide such specifications, the owner or manager shall consult a licensed professional engineer to determine specifications for acceptable wall thickness of all sealed tubular components of the amusement ride.

(c) If nonvisual nondestructive metal fatigue testing demonstrates that all sealed tubular components meet wall thickness specifications, the owner or manager of the amusement ride shall provide the nondestructive testing documentation in English to the Bureau of Fair Rides Inspection. Such documentation shall be from the manufacturer of the amusement ride or from the ASNT level II or III certified technician certifying that the wall thickness specifications have been met.

1. All such documentation shall be based upon nonvisual nondestructive metal fatigue testing conducted on or after August 1, 2017.

2. Amusement rides for which no such documentation has been provided to the Bureau of Fair Rides Inspection shall not be operated in Florida.

(d) The following amusement rides are subject to the requirements set forth in this subsection:

1. Confolding – Extreme;

2. KMG – Fireball, Afterburner, Freakout, Fuerball, Wildclaw, Beach Party, Speed, Tango;

3. Technical Park – Chaos, Streetfighter, Dreamcatcher, High Energy, Pegasus, Delusion, Sky Fighter, Stinger, Extreme;

4. Tivoli – Spin Out; and,

5. Zamperla – Discovery, Nitro, Powersurge.

(4) The department shall require additional nondestructive testing following repairs on components found to contain defects or that have resulted in failure or present serious risk of injury to patrons.

(5) During annual affidavit of compliance and nondestructive testing, additional testing of components where padding or other covering prevents daily visual checks shall be conducted.

(6) In addition to all other requirements, affiants conducting nondestructive testing on go-karts or go-kart tracks shall certify the following:

(a) The speed of the go-karts is governed or otherwise limited in accordance with Rule 5J-18.015 or 5J-18.0152, F.A.C.; and

(b) The track is designed to accommodate go-karts traveling at speeds at which the go-karts are being operated on the track; and

(c) The barriers on the track are appropriate to be used with the go-karts being operated on the track.

History

• Rulemaking Authority 616.165, 616.242(4), (7) FS. Law Implemented 616.242(4)(b), (7) FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.004, Amended 2-22-18, 10-14-18, 10-29-19, 11-18-20, 6-27-24, 12-14-25.

Fla. Admin. Code R. 5J-18.005 Request for Inspections, Reinspections

History

• Rulemaking Authority 616.165, 616.242(7) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 11-4-02, 5-30-05, Formerly 5F-8.005, Amended 10-14-18, 10-29-19, Repealed 11-18-20.

Fla. Admin. Code R. 5J-18.0051 Inspection Standards

(1) Each owner, manager or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C., must indicate that each amusement ride meets the requirements of Section 616.242(12), F.S., and is ready for operation prior to inspection by the department.

(2) For temporary amusement rides, the owner or designee trained on the maintenance, installation and operation of the ride must be present during installation and inspection by the department.

(3) For a newly installed permanent ride, the owner or designee trained on the maintenance, installation and

operation of the ride must be present during installation and inspection by the department.

(4) For previously permitted permanent rides, the owner or designee trained on the maintenance and operation of the ride must be present during inspection by the department.

(5) Where a manufacturer has not determined nor specified the capacity of a kiddie ride the department will determine the capacity as follows:

(a) A department Inspector will count the number of carrier units or tubs per ride. The number of carrier units or tubs per ride is based on the manufacturer’s intended configuration of the ride in order to make it fully operational. Upon inspection of a ride if evidence exists that indicates the ride has been altered from the original manufacturer’s configuration by removing carrier units or tubs, then the ride must be inspected by a professional engineer in accordance with Section 616.242(13), F.S. Arbitrary reduction of carrier units by operators is not permitted.

(b) Having determined the number of carrier units or tubs per ride, the department inspector will count the number of passenger positions per carrier unit, or individual tub, i.e., the number of seat belts, pre-formed seating spots or other identifiable seating arrangements. With no identifiable passenger positions, the inspectors will determine the number of positions based on the number of 12-year-old passengers that can be positioned safely in the carrier unit, i.e., each passenger must have a separate position and meet the required height and/or weight requirements for that ride. Sitting on laps to qualify as one position will not be permitted.

(6) In addition to the manufacturer’s required or recommended instructions, the department has adopted the following:

(a) All rides shall have a two-step process for the control box to ensure a ride cannot be inadvertently started.

(b) All funhouse style rides above 10ft. shall have a sprinkler system installed.

(c) Rides will not be permitted to use plywood for blocking purposes, unless specifically permitted by the manufacturer.

(d) All trailer mounted Wisdom or Reverchon Himalaya style rides will not be permitted to operate in reverse motion.

(e) The department will conduct preassembly inspections on rides identified at the time of application including:

1. ARM, Ali Baba or 1001 Nights

2. Larson or Hi Roller, Ring of Fire

3. Wisdom, Gravitron or Starship

4. Wisdom, Sizzler

History

• Rulemaking Authority 616.165, 616.242(4)(d), (12) FS. Law Implemented 616.242 FS. History–New 9-21-93, Amended 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.0051, Amended 10-29-19, 11-18-20, 5-22-24.

Fla. Admin. Code R. 5J-18.007 Signage

(1) Signage shall be prominently displayed at the entrance of the amusement ride to include the following instructions and information for operation:

(a) Age restrictions;

(b) Size restrictions;

(c) Health restrictions;

(d) Weight limitations;

(e) Special considerations or use restrictions; and,

(f) Notice to properly secure loose clothing and hair as to not interfere with safe operations.

(2) Due to accidents or unforeseen events, and in addition to the amusement ride manufacturer’s required or recommended instructions and information for operation, each owner or manager shall have additional signage prominently displayed at the entrances of the following amusement rides:

(a) Grover Watkins, Hustler – signage shall include notice to properly secure loose clothing and hair as to not interfere with safe operations.

(b) Grover Watkins, Tempest – signage shall include notice to properly secure loose clothing and hair as to not interfere with safe operations.

(c) Zamperla, Crazy Mouse Coaster/Wild Mouse Coaster/Galaxy Spin Coaster – signage shall include notice that patrons under the age of 10 should be accompanied by a supervising companion at least 14 years of age or older.

(3) FDACS P-02159, 07/20, Fair Rides sign, is hereby incorporated by reference. Provided that the requirements of subsection (4) are met, the Fair Rides sign shall be conspicuously displayed either at all patron entrances of an amusement ride facility in full view of the public, or at each amusement ride entrance. If the requirements of subsection (4) are not met, then the Fair Rides sign shall be conspicuously displayed at each amusement ride entrance. A sample copy of the sign may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12308. The Fair Rides sign shall be an 11” x 14”, full color rendering of the FDACS P-02159.

(4) The amusement ride annual permit or temporary amusement ride permit shall be affixed at the entrance of the ride in a location visible to the public.

History

• Rulemaking Authority 616.165, 616.242(4)(b), (c), (d), (12)(l) FS. Law Implemented 616.242(12)(j), (l) FS. History–New 7-27-17, Amended 11-18-20, 5-22-24.

Fla. Admin. Code R. 5J-18.009 Inspections by Owner or Manager

(1) Prior to opening on each day of operation and prior to any inspection by the department the owner or manager of each amusement ride shall inspect and test the amusement ride in accordance with the requirements of Section 616.242(16), F.S., and record the inspection on the applicable department form FDACS-03424, Rev. 07/19, Fair Rides Owner’s Daily Inspection Report (Carnival Type); FDACS-03425, Rev. 07/19, Fair Rides Owner’s Daily Inspection Report (Water Park); FDACS-03426, Rev. 09/20, Fair Rides Owner’s Daily Inspection Report (Go-Kart Track and Vehicle); FDACS-03427, Rev. 07/19, Fair Rides Owner’s Daily Inspection Report (Bungy). In lieu of the forms referenced in this section and incorporated by reference in Rule 5J-18.0012, F.A.C., the owner or manager may request approval of an alternative form by submitting the form to the department by email to FairRides@FDACS.gov, by fax to (850)410-3797, or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form. Upon approval, an alternative form may be used to document daily inspections as required by Section 616.242(16), F.S.

(2) Inspections shall be consistent with inspection programs outlined in ASTM F770-23, as incorporated by reference in Rule 5J-18.0011, F.A.C. to include inspections and testing of the following, at a minimum:

(a) Proper operation of all carriers, to include restraint devices and latches;

(b) Entrance, exits, stairways and ramps;

(c) Loading/unloading areas;

(d) Communication devices used for operations;

(e) Safety devices;

(f) Braking systems;

(g) Fencing and guarding of amusement devices;

(h) Structural integrity for rust and corrosion, cracks, and other abnormalities;

(i) Safety signage;

(j) Operational test of amusement ride; and,

(k) Any additional specifications outlined by the manufacturer.

Inspection documentation shall be reviewed and approved by the owner, manager, or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C.

(3) The owner or manager shall implement a program of maintenance based on manufacturer recommendations and in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C. This program of maintenance shall include a checklist with the following information, at a minimum:

(a) Frequency of preventative maintenance on components of the ride;

(b) Preventative maintenance assignments for all persons conducting maintenance;

(c) Frequency of lubrication;

(d) Wear tolerances deemed necessary by the manufacturer;

(e) Operational testing and minimum intervals on when to perform;

(f) Specifications for replacement fasteners and torque requirements; and,

(g) Nondestructive testing criteria and methodology.

Maintenance documentation shall be reviewed and approved by the owner, manager, or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C.

(4) Records describing inspection results and maintenance work performed shall be maintained for a minimum of four years unless the required inspection/maintenance interval is greater than four years, in which case the most recent documented inspection results shall be maintained and must be made available immediately upon request.

(5) Inspection and maintenance records for a period of six months prior to inspection by the department must be made available immediately upon request.

(6) Records of major modifications shall be maintained for the life of the ride and must be made available immediately upon request.

History

• Rulemaking Authority 616.165, 616.242(4), (16) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.009, Amended 7-27-17, 10-29-19, 11-18-20, 5-22-24.

Fla. Admin. Code R. 5J-18.010 Accredited Trade Organization

(1) Accredited trade organization means a nationally-recognized organization whose mission is to promote the safety of non-mechanical amusement ride operation, design, use, and maintenance. Such organizations must have demonstrable competency, authority, and credibility in amusement ride inspections that have been approved by the department.

(a) To obtain department approval, an organization must provide documentation establishing that the organization has the proper experience, procedures, and authority over members and that demonstrates the required competency, authority, and credibility in amusement ride inspections.

(b) Approval for such organizations will expire five years from the approval date.

(2) In order for the department to waive an inspection pursuant to Section 616.242(8)(a), F.S.:

(a) The amusement ride must be a non-mechanical amusement ride such as an aerial adventure course, ropes course, zipline, water slide or other device with similar operating characteristics,

(b) The amusement ride must have no outstanding correction notices,

(c) The amusement ride must be inspected by an inspector certified by the accredited trade organization and who is either a professional engineer or a qualified inspector, as defined in Sections 616.242(3)(p) and (q), F.S., and

(d) The amusement ride must have an inspection certificate issued by the accredited trade organization that indicates that the inspection was reviewed and approved by the accredited trade organization, and the amusement ride meets all applicable requirements of Section 616.242, F.S., and rule Chapter 5J-18, F.A.C.

(e) The owner or operator requesting the waiver shall have no safety violations that resulted in the issuance of a Stop Operation Order and/or an Administrative Complaint within three years immediately preceding the date of the requested waiver.

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(8)(a) FS. History–New 11-18-20, Amended 5-22-24.

Fla. Admin. Code R. 5J-18.012 Fees

The following fees are adopted:

(1) Permanent Amusement Ride:

(a) Annual permit fee for each permanent park kiddie amusement ride:

$300

(b) Annual permit fee for each permanent park non-kiddie amusement ride:

$400

(c) Annual permit fee for each permanent park super amusement ride:

$600

One half of the annual permit fee shall be paid on the date of the annual permit inspection, and the remaining balance shall be paid within six months following the annual permit inspection.

(2) Temporary Amusement Ride:

(a) Permit fee for each temporary kiddie amusement ride:

$150

(b) Permit fee for each temporary non-kiddie amusement ride:

$200

(c) Permit fee for each temporary super amusement ride:

$300

(3) Permanent or Temporary Amusement Rides:

(a) Inspection fee per go kart, in addition to the track permit fee:

$10/kart

(b) Reinspection fee (return to site):

$500

(c) Reinspection fee (return on-site):

$100

(d) Fee to replace a lost US Amusement Identification Plate (USAID):

$100

(e) Fee per amusement ride for late inspection request:

$100

(f) Fee per amusement ride for failure to cancel inspection request:

$100

(g) Failure to timely cancel event inspection (less than 3 working days prior to request date):

$500

(h) Additional fee per amusement ride for inspection on weekend or state holiday:

$75

(i) Inspection fee per harness, in addition to the ropes course/zipline permit fee:

$5

(j) Fee per amusement ride for mechanical, structural, or electrical defect reinspections:

$100

(4) The department may waive fees based on county closure or other unavoidable circumstances.

History

• Rulemaking Authority 616.165, 616.242(8), (9), (14) FS. Law Implemented 616.242(9) FS. History–New 9-15-92, Amended 2-23-94, 5-27-96, 9-23-97, 2-14-99, 3-21-00, 12-4-00, 1-22-02, 5-30-05, Formerly 5F-8.012, Amended 10-29-19, 11-18-20, 5-22-24.

Fla. Admin. Code R. 5J-18.0125 Fencing and Gate Standards

Fencing and gate standards shall be in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designations, as incorporated by reference in Rule 5J-18.0011, F.A.C., and the following shall be the fencing and gate standards for amusement rides:

(1) Amusement ride train crossing points may use railroad type protection devices.

(2) Natural barriers (ponds or streams, earthen mounds and shrubs or other vegetation) may be utilized when such barriers serve to prevent spectators or riders from gaining access or otherwise coming in contact or close proximity with amusement rides prior to, during or after operation.

History

• Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242 FS. History–New 5-30-10, Formerly 5F-8.0125, Amended 7-27-17, 5-2-19, 5-22-24.

Fla. Admin. Code R. 5J-18.0127 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Chapter 616, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed against the violator by the department. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Chapter 616, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, and/or an immediate final order for violations of Chapter 616, F.S., and this rule chapter.

(3) Stop Operation Orders. A stop operation order, which acts as an immediate final order, is necessary to effectuate the statutory duties of the department in the interest of public health, safety, and welfare and is necessary to promote patron safety in the design, construction, assembly, disassembly, maintenance, and operation of amusement rides in Florida. A stop operation order will be used to prohibit the operation of an amusement ride that fails to comply with the requirements of Chapter 616, F.S., or this rule chapter. Once the amusement ride is in compliance with the requirements of Chapter 616, F.S., and this rule chapter, the stop operation order shall be released by the department.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, it will be penalized in accordance with paragraph (7)(c) of this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 616, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a Tier I or Tier II violation as described in subsection (7), below.

(a) Aggravating factors shall include:

1. The violation caused, or has the potential to cause, serious injury to a person.

2. The violation endangered the public safety or welfare.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a notice of noncompliance, or suspension or revocation of a permit.

4. The violation occurred for more than 24 hours.

5. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

6. Previous disciplinary action against the violator in this or any other jurisdiction.

7. Undue delay in initiating or completing, or failure to take, affirmative or corrective action after receipt of notice of the violation.

8. The violator’s prior knowledge of Chapter 616, F.S., and Chapter 5J-18, F.A.C.

9. The violation resulted from an intentional act.

10. The cost of the enforcement action.

11. The benefit to the violator.

(b) Mitigating factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Substantiated financial hardship.

4. Acts of God or nature that impair the ability of the violator to comply with Chapter 616, F.S., or this rule chapter.

5. The violator expeditiously took affirmative or corrective action after it received written notification of the violation.

6. The disciplinary history contains no prior violations within the past three years.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) Penalties.

(a) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a notice of noncompliance as the department’s first response to the violation. If a notice of noncompliance is issued for an initial violation, a second violation within a three-year period shall be penalized in accordance with paragraph (7)(b) of this rule. Any subsequent violation within a three-year period shall be penalized in accordance with paragraph (7)(c) of this rule. For the purposes of this rule, the following violations shall result in the issuance of a notice of noncompliance for the first violation only:

1. Failure to maintain or make immediately available to the department upon request the required Owner’s Daily Inspection Reports.

2. Failure to maintain or make immediately available to the department upon request employee training records (employee trained, but no records).

3. Failure to provide the department a copy of the manufacturer’s operating instructions, operating fact sheet, or written manufacturer’s bulletins.

4. Failure to maintain the required operations manual written in the English language for each go-kart and go-kart track that includes a detailed scaled drawing of the go-kart type course, manufacturer’s maintenance instructions and specification for each go-kart, and written emergency plans.

5. Failure to maintain the required operations manual written in the English language for water parks that contain general maintenance and cleanup procedures, equipment operation instructions and written emergency plans.

(b) Tier I Violations. Tier I violations shall result in the imposition of an administrative fine against the owner or manager of the amusement ride of up to $5,000 per violation, per day. For the purposes of this rule, the following violations shall be considered Tier I violations:

1. Failure to maintain or make immediately available to the department upon request the required Owner’s Daily Inspection Reports.

2. Failure to maintain or make immediately available to the department upon request employee training records (employee trained, but no records).

3. Failure to provide the department a copy of the manufacturer’s manual, operating document, maintenance checklist, or written manufacturer’s bulletins.

4. Failure to maintain the required operations manual written in the English language for each go-kart and go-kart track that includes a detailed scaled drawing of the go-kart type course, manufacturer’s maintenance instructions and specification for each go-kart, and written emergency plans.

5. Failure to maintain the required operations manual written in the English language for water parks that contain general maintenance and cleanup procedures, equipment operation instructions and written emergency plans.

6. Failure to maintain the required operations manual written in the English language for amusement devices that are not included in subparagraphs 4. or 5. of this paragraph.

7. Failure to prominently display required signage.

(c) Tier II Violations. Tier II violations shall result in the imposition of an administrative fine against the owner or manager of the amusement ride of up to $10,000 per violation, per day or suspension of the owner’s or manager’s permit for not more than one year or revocation of the owner’s or manager’s permit or any combination thereof. For the purposes of this rule, the following violations shall be considered Tier II violations due to their high potential for consumer harm:

1. Operation of an amusement ride by an employee(s) who is/are not trained to operate or maintain the ride.

2. Operating an amusement ride in a manner or circumstance that presents a risk of serious injury to patrons.

3. Operating an amusement ride with a structural, mechanical or electrical defect/failure, that affects patron safety, of which the owner or manager has knowledge, or through the exercise of reasonable diligence, should have knowledge.

4. Operating an amusement ride which has not been inspected and tested by the owner or manager in accordance with the requirements of Section 616.242(16), F.S.

5. Operating an amusement ride without a current permit, as outlined in Section 616.242(5) and (6), F.S.

6. Operating an amusement ride without an affidavit of compliance/non-destructive testing, as outlined in Section 616.242(7), F.S.

7. Presenting a ride as ready for inspection when it has a defect that affects patron safety, and when the owner or manager had or should have had knowledge of the defect.

8. Operating an amusement ride without insurance, as outlined in Section 616.242(10), F.S.

9. Operating an amusement ride by an employee who is under the influence of drugs or alcohol.

10. Operating an amusement ride that has undergone a major modification without certification from a professional engineer that the amusement ride is in compliance with Section 616.242, F.S., and Chapter 5J-18, F.A.C.

11. Operating an amusement ride in violation of any order of the department, or any court, or an Immediate Final Order.

12. Failure to provide track safety barriers that are constructed to prevent a vehicle from overturning or running over or under the barrier, as required by paragraph 5J-18.015(6)(b), F.A.C.

13. Failure to describe and demonstrate to patrons emergency signals prior to operation of vehicles, as required by paragraph 5J-18.015(4)(n), F.A.C.

14. Failure to instruct patrons as to safe operation procedures, as required by paragraph 5J-18.015(4)(o), F.A.C.

15. Failure to enforce rules for safe operations, as required by paragraph 5J-18.015(4)(p), F.A.C.

16. Operation of an amusement ride at a speed in excess of its maximum safe operating speed.

17. Operating in violation of any requirement set forth in Rule 5J-18.0152, F.A.C.

18. Failure to timely correct a violation as directed in a notice of correction.

19. Failure to report an accident as required by Section 616.242, F.S.

20. Violations of Section 616.242(15)(b), F.S.

21. Failure to operate an amusement ride in accordance with the manufacturer guidelines.

22. Failure to operate an amusement ride in accordance with the amusement ride operating document required by Rule 5J-18.002(3)(b), F.A.C.

23. Failure to perform maintenance on an amusement ride in accordance with the manufacturer guidelines.

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (19), (21) FS. History–New 5-30-10, Formerly 5F-8.0127, Amended 7-27-17, 10-29-19, 11-18-20, 5-22-24.

Fla. Admin. Code R. 5J-18.0128 Resolution of Violations, Settlement, and Additional Enforcement Remedies

(1) Failure to respond to an administrative complaint shall result in the entry of a default Final Order. The department shall impose administrative fines in a default Final Order up to the maximum amount allowable under Section 616.242(21), F.S.

(2) A failure to comply with either a Final Order or a default Final Order of the department shall result in revocation of the amusement ride permit and an administrative fine against the owner or manager of the amusement ride of $2,500 per violation, per day. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (19), (21) FS. History–New 5-30-10, Formerly 5F-8.0128, Amended 11-18-20, 5-22-24.

Fla. Admin. Code R. 5J-18.013 Application of Rules to Amusement Rides Utilizing Bungy Cords

Certain portions of Rule 5J-18.025, F.A.C., Regulation of Bungy Operations, shall apply to amusement rides which, although excluded from the definition of “bungy jumping,” utilize a bungy cord as a dynamic force or otherwise utilize a bungy cord as a component of the amusement ride. When a bungy cord is utilized in an amusement ride for the purpose of providing a dynamic force or when a bungy cord is an integral component of the structure or to the operation of such amusement ride, all applicable portions of Rule 5J-18.025, F.A.C. pertaining to bungy cord design, construction, certification, testing, use, documentation and length of service shall apply. The portions of Rule 5J-18.025, F.A.C. which shall apply to such amusement rides are as follows: paragraphs 5J-18.025(15)(a), (b), (c), (d); subparagraph 5J-18.025(15)(e)3.; sub-subparagraphs 5J-18.025(15)(f)1.a., b., c., d., e., and g.; subparagraph 5J-18.025(15)(f)2.; sub-subparagraph 5J-18.025(15)(f)3.a.; subparagraphs 5J-18.025(15)(f)4. and 5.; paragraphs 5J-18.025(15)(g), (h), (i), (j); 5J-18.025(23)(a), (b); and subsection 5J-18.025(39), F.A.C. However, when a bungy cord is used on another amusement ride and contains a static line, it may be used for 400 elongations or the manufacturer’s limit, whichever is less; provided, a professional engineer has tested and approved the design, manufacture and usage limit of the bungy cord.

History

• Rulemaking Authority 616.165, 616.242(4), (10) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 3-12-95, 2-14-99, Formerly 5F-8.013.

Fla. Admin. Code R. 5J-18.014 Training of Managers, Attendants, and Maintenance Persons

(1) The owner or manager shall maintain the record of employee training required by Section 616.242(17), F.S., on department form FDACS-03431, Rev. 05/24, Fair Rides Employee Training Record. In lieu of form FDACS-03431 as incorporated by reference in Rule 5J-18.0012, F.A.C., the owner or manager may request approval of an alternative form by submitting the form to the department by email to FairRides@FDACS.gov, by fax to (850)410-3797, or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form. Upon approval, an alternative form may be used to document employee training as required by Section 616.242(17), F.S.

(2) In order to facilitate safe installation and operation, and in addition to the requirements of subsections 616.242(5), (6) and (7), F.S., any owner or manager applying for a permit to operate an amusement ride must demonstrate competency by holding a valid certification based on the type of the amusement ride being operated. Valid certifications include a National Association of Amusement Ride Safety Officials (NAARSO) certification, or a valid Amusement Industry Manufacturers and Suppliers International (AIMS) inspection or maintenance certification, or certification from another professional organization that meets or exceeds the certification requirements set forth above unless a professional organization does not exist for the type of amusement device(s) operated by the owner or manager.

(3) In lieu of holding the qualifications listed in subsection (2), the owner or manager may designate a representative who meets the requirements set forth therein.

(4) Operator training shall be consistent with training programs outlined in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designations, as incorporated by reference in Rule 5J-18.0011, F.A.C., to include the following, at a minimum:

(a) Description of the amusement device and its normal operations;

1. Instructions on what is considered normal operations;

2. Examples of abnormal operations;

(b) Instructions on proper operations of the amusement ride;

1. Demonstration of operator controls and the specific meaning of each mechanism on the control panel;

2. Demonstration of restraint checks;

3. Demonstration of loading/unloading procedures to include balance;

4. Demonstration of emergency stop procedures;

(c) Specific manufacturer instructions or requirements;

(d) Specific employee duties and responsibilities;

1. Responsibilities of each employee before, during and after the ride cycle;

2. Responsibility of employee during opening/closing;

(e) General safety procedures;

(f) Emergency procedures;

1. Responsibility of the employee during an emergency;

2. Responsibility during unscheduled cessation of the ride;

3. Responsibility during an evacuation situation;

(g) Environmental considerations for operation;

1. Understanding of weather conditions that would cease operation of the ride;

2. Understanding of employee role during cessation of ride due to weather;

(h) Guidelines regarding patron admission;

1. Operator responsibility regarding size, weight, age and special considerations for patrons.

2. Operator responsibility should a situation arise whereby patron admission is in question;

(i) Demonstration of proper operation based on assigned duties.

(5) Maintenance training shall be consistent with training programs in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., to include the following, at a minimum:

(a) Description of the amusement device and its normal operations;

(b) Instructions on proper operations of the amusement ride;

(c) Requirements of maintenance personnel in regard to testing and inspections;

1. Replacement schedules for fasteners, wheels, or other consumable parts;

2. Lubrication schedules;

(d) Preventative maintenance assignments;

1. Inspections to be performed;

2. Safety instructions;

3. Additional manufacturer or owner instructions;

(e) Replacement parts;

1. Schedule of part replacement;

2. Understanding of manufacturer drawings and specifications;

(f) Nondestructive testing requirements;

(g) Daily, weekly, monthly maintenance requirements to include;

1. Preopening inspections;

2. Visual inspections;

3. Fastener inspections;

4. Lubrication requirements;

5. Control system inspections;

6. Structural inspections;

7. Electrical inspections;

8. Operational testing;

(h) Understanding of ride schematics for ride related systems individual is accountable for;

(i) General safety procedures;

(j) Emergency procedures;

1. Responsibility of the maintenance personnel during an emergency;

2. Responsibility during unscheduled cessation of the ride;

3. Responsibility during an evacuation situation;

(k) Knowledge in environmental considerations for operation;

(l) Knowledge of procedures to be followed in the event of an extended period of non-operation, storage, or both.

(m) Environmental considerations for operation;

1. Understanding of weather conditions that would cease operation of the ride;

2. Understanding of employee role during cessation of ride due to weather;

(6) Operators and maintenance personnel shall be retrained on an annual basis on all requirements outlined in subsections (4) and (5) of this rule. Management will review operators throughout the year to identify if training is needed on a more frequent basis than annually.

(7) The department may require retraining due to an accident or identified safety violation.

History

• Rulemaking Authority 616.165, 616.242(4), (17) FS. Law Implemented 616.242(17) FS. History–New 7-31-94, Amended 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.014, Amended 7-27-17, 10-29-19, 11-18-20, 6-27-24.

Fla. Admin. Code R. 5J-18.0142 Reporting of Accidents and Mechanical, Structural or Electrical Defects

(1) Accidents shall be reported to the department in accordance with Section 616.242(15), F.S. Accidents shall be reported in writing on department form FDACS 03428, Fair Rides Written Accident Report, Rev. 07/19, incorporated by reference in Rule 5J-18.0012, F.A.C. Following an accident that must be reported to the department pursuant to Section 616.242(15), F.S., and this rule:

(a) Amusement rides on which an accident occurs due to a mechanical, structural, or electrical defect shall remain closed, without modification, until the department has conducted an initial review of the incident, which may include an inspection of the amusement ride, and given approval to begin repairs.

(b) Before the amusement ride may resume operation, the department must review the repairs and release the ride for operation.

(2) Mechanical, Structural or Electrical defects or failures shall be reported to the department, in writing, in accordance with Section 616.242(15), F.S., on department form FDACS 03430, Fair Rides Mechanical, Structural or Electrical Defect/Failure Report, Rev. 07/20, incorporated by reference in Rule 5J-18.0012, F.A.C.

(a) Rides shall remain closed until repairs are reviewed by the department.

(b) Before resuming operation, rides must be released for operation by the department.

History

• Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.242(15) FS. History–New 2-14-99, Amended 5-30-05, Formerly 5F-8.0142, Amended 7-5-16, 10-29-19, 11-18-20, 5-22-24, 12-14-25.

Fla. Admin. Code R. 5J-18.015 Regulation of Go-Kart Tracks and Similar Vehicles

(1) Purpose. This section establishes specific requirements for go-kart amusement rides operating up to 30 miles per hour in addition to the other requirements contained in this chapter pertaining to amusement rides. Amusement rides guided by an automatic steering system are exempt from this section. These requirements help insure that go-kart rides constructed permanently or temporarily in the State are safely operated and maintained. Go-kart vehicles and tracks shall at a minimum meet these requirements.

(2) Definitions. As used in this rule, the following definitions shall apply:

(a) Adult Track means a track that is designed to operate adult vehicles or kiddie vehicles but not at the same time unless alternative specifications are provided by the manufacturer.

(b) Adult vehicle means a vehicle designed for patrons who are a minimum of 52 inches of height and have leg length sufficient to reach the brake and throttle control unless alternative specifications are provided by the manufacturer of the vehicle.

(c) Carrier means a component of an amusement device which holds or contains the patron or patrons.

(d) Frame means the primary supporting members of the vehicle.

(e) Family track means a track that is designed to operate kiddie and adult vehicles that have been designed and modified to be compatible for safe operations.

(f) Governor means a device that limits the maximum speed of a vehicle to a predetermined number of miles per hour.

(g) Kiddie track means a track that is designed to only operate with kiddie vehicles.

(h) Kiddie vehicle means a vehicle designed for patrons not over 54 inches in height and with a leg length sufficient to reach the throttle and brake control unless alternative specifications are provided by the manufacturer of the vehicle.

(i) Pit area means that designated area where patrons are loaded or unloaded into and out of vehicles.

(j) Refuel Area means that area where engine fueling is accomplished.

(k) Remote Control Speed Limiting Device means a speed limiting component which allows the operator of the track to bring the throttle back to idle of any vehicle on the track.

(l) Roll Bar means a frame or structure which extends above the patron’s head and is designed to support the weight of the vehicle, and protect the patron should the vehicle turn over.

(m) Safety Restraint means an adjustable lap belt and cross body safety restraints or harness.

(n) Track means the physical surface over which the vehicle travels.

(o) Track Safety Barrier means a physical obstruction designed to prevent a vehicle from leaving the track.

(p) Vehicle means a carrier controlled or driven by patrons specifically designed to be run and which is run on a fixed course for amusement, pleasure, or excitement of the patron. Vehicle includes go-karts, and other similar vehicles.

(3) Posted Signs. A sign shall be posted at the entrance to each track or in the pit area containing the following instructions and information for operation:

(a) In order to drive an adult vehicle patrons must be at least fifty-two inches in height unless specified otherwise by the manufacturer;

(b) In order to drive a kiddie vehicle patrons must not be over fifty-four inches in height unless specified otherwise by the manufacturer;

(c) Helmets and eye protection will be provided upon request;

(d) Vehicles must be operated in a safe manner;

(e) Signs indicating direction of travel must be obeyed;

(f) Properly secure loose clothing and hair as to not interfere with safe operations.

(4) Operations.

(a) No person shall be allowed to operate an adult vehicle unless that person is at least fifty-two inches in height and has a leg length that is sufficient to reach the brake and throttle controls from the driver’s seat unless otherwise permitted by the manufacturer.

(b) No person who exceeds fifty-four inches in height or who has a leg length insufficient to reach the brake and throttle controls from the driver’s seat shall be permitted to operate a kiddie vehicle unless otherwise permitted by the manufacturer.

(c) All vehicles that are operated simultaneously on a track shall have body parts, bumpers, and wheels that are size compatible.

(d) An adult vehicle and a kiddie vehicle shall not be operated on the same track at the same time, unless it is on a family track designed for this purpose.

(e) Attendants shall be positioned so that they can observe track operations and reach any section of the track immediately. In addition, observation of facility operations may be supplemented by electronic visual and audio means. Attendants shall not be engaged in the operation of other amusement rides although they may observe vehicle operations on an adjacent track.

(f) Tracks shall be free of oil and fuel spills. A vehicle losing oil or fuel shall be immediately removed from the track. In the event of an oil or fuel spill, all operations shall cease until the spill has been cleaned up and the track is deemed by attendants to be safe for operations.

(g) Helmets must be provided for all patrons desiring to use them. Each helmet must meet or exceed Federal Motor Vehicle Safety Standard 218, Section 571.218, Title 49, Code of Federal Regulations, incorporated by reference in Rule 5J-18.0011, F.A.C. A copy of this material may be obtained by writing to Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 or the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or may be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08484.

(h) Safety eye protection must be provided for all patrons of vehicles on sand or dirt tracks. On paved tracks, eye protection must be available to patrons desiring to use them.

(i) A person who has hair of sufficient length so that it may be entangled in moving parts shall not be permitted to use a vehicle unless the person’s hair is secured in such a manner so as to remove the hazard.

(j) All loose clothing shall be secured so as not to interfere with the safe operation of the vehicle.

(k) The following instructions shall be provided to patrons prior to their operation of the vehicles:

1. Smoking shall not be permitted in vehicles or pit areas.

2. Vehicle patrons must remain seated and inside vehicles at all times while on the course.

(l) Thee track shall be equipped with adequate lighting for night operation, if applicable.

(m) Manual emergency signals to control vehicles are required. The course may have electronic, as well as manual, required emergency signals.

(n) Track attendants must describe and demonstrate to patrons all emergency signals prior to operation of vehicles.

(o) Track attendants must instruct all patrons as to safe operation procedures.

(p) Track attendants shall enforce all rules for safe operations.

(q) Track attendants shall prohibit operations of vehicles by patrons under the influence of drugs or alcohol.

(5) Vehicle Requirements. In addition to the other requirements found in this chapter:

(a) Each owner or manager shall have a detailed operational manual written in the English language for each track and the vehicle in operation on the track to include:

1. A detailed, scaled drawing of each track.

2. Written emergency plans which are also posted in the employee’s work area.

3. Manufacturer’s maintenance instructions and specifications for each type of vehicle.

(b) The speed of every vehicle shall be limited or governed so as not to exceed the maximum speed for which the track is designed.

(c) The governor shall not be accessible to the patron of the vehicle.

(d) Every vehicle shall retain patrons inside the vehicle in the event of a collision or upset.

(e) Rotating, moving, or hot engine parts of a vehicle shall be shielded from contact by patrons while exiting, riding or entering to prevent injury to patrons.

(f) No more than one person shall occupy a vehicle at any one time unless the vehicle is designed for such operation by the vehicle manufacturer and insured for such operation by the track’s insurance carrier.

(g) A vehicle shall have brakes that operate as designed by the original manufacturer or approved by a licensed professional engineer.

(h) The brake and throttle controls on a vehicle shall:

1. Be visually labeled, “stop” for brake, and “go” for gas (fuel), or be color-coded, red for brake, green for go,

2. Return automatically to a non-operational position when released.

(i) To minimize the risk of injury to patrons in the event of a collision or upset, the steering wheel support column, steering wheel, headrests, roll bar, and other components which will come in contact with the patron shall be padded. If patrons wear helmets, the roll bar need not be padded.

(j) The required roll bars on a vehicle must extend above the patron’s head and be capable of supporting the weight of the vehicle.

(k) All vehicles shall be provided with impact bumpers or impact-absorbing parts surrounding all sides of the vehicle.

(l) All wheels of a vehicle shall be so enclosed, designed, or guarded so that they cannot interlock with or ride over the wheels of another vehicle.

(m) The fuel tank of a vehicle shall be designed and mounted so that fuel tank will not leak excessive fuel if the vehicle rolls over or suffers collision.

(n) When the vehicle is inverted, leakage or seepage of fuel may not exceed 1 ounce in 5 minutes from any source.

(o) All parts on the vehicles must equal or exceed the manufacturer’s specifications.

(p) Each vehicle shall be individually identified. This identification shall be permanently affixed to the frame in a consistent and a readily visible location.

(q) Vehicles must have safety restraints for each patron and roll bars unless the manufacturer specifically prohibits the use of such devices.

(6) Track and Course Requirements.

(a) Each track shall be inspected and permitted pursuant to Section 616.242, F.S., and shall meet the following criteria:

1. Hard surface tracks shall have a smooth surface,

2. Dirt or sand tracks shall have a reasonably graded surface,

3. The width of all adult tracks shall be a minimum of three times the width of the widest car or 12 feet, whichever is greater, except where cars run individually,

4. No intersecting course configurations shall be permitted; however, pit area entrances and exits are permitted.

(b) Track safety barriers, as required pursuant to this rule, must be constructed to prevent a vehicle from overturning or running over or under the barrier.

(c) Track safety barriers shall be firmly secured and must provide an uninterrupted continuous barrier along the entire length of both sides of the track with the exception of the pit area.

(d) Every track shall be surrounded by a fence or barrier. Fences and gates shall be in acordance with Rule 5J-18.0125, F.A.C.

(e) The pit area, for patron loading and unloading:

1. Must be separated from the track area by barriers; and,

2. Must have separate entrances and exits.

(f) Electrical systems must be in compliance with the local building code.

(7) Fire Protection.

(a) Fully charged ABC dry chemical fire extinguishers having a minimum ten pound capacity must be available.

(b) Fire extinguishers must be located within 70 feet of every section of the track and at least one fire extinguisher shall be kept next to the refueling area and one at the passenger loading area. The fire extinguishers shall be easily accessible and mounted off the ground.

(c) The location of each fire extinguisher shall be conspicuously marked and the fire extinguisher easily accessible.

(d) Fire extinguishers must be inspected annually by the local fire marshal or a recognized service.

(e) Fire extinguishers must be properly charged at all times.

(8) Refueling.

(a) Vehicles shall be refueled in a designated refuel area. No patrons or spectators are allowed in the area during the time of refueling.

(b) No Smoking signs must be posted next to the refueling dispenser.

(9) Inspection Requirement. Prior to inspection of a vehicle there must be present on location:

(a) The vehicle’s operational manual written in English; and,

(b) The vehicle’s prior inspection reports, as required by Section 616.242(16), F.S.

History

• Rulemaking Authority 616.165, 616.242(4), (16) FS. Law Implemented 616.242 FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Formerly 5F-8.015, Amended 7-27-17, 10-29-19, 11-18-20.

Fla. Admin. Code R. 5J-18.0152 Regulation of High Speed Go-Kart Tracks Open for Rental Concession Operation

(1) Purpose. This section establishes specific requirements for high speed go-kart tracks and high speed go-karts open to the public for rental use in addition to the other requirements contained in this chapter pertaining to amusement rides. Owners that provide high speed go-kart tracks and high speed go-karts for rental use shall at a minimum meet these requirements. This rule does not pertain to go kart tracks surrounded by a barrier system defined in rule paragraphs 5J-18.015(6)(b) and (c), F.A.C., provided that all other requirements of Rule 5J-18.015, F.A.C., are also met.

(2) Definitions. As used in this rule, the following definitions shall apply:

(a) Driver means a patron responsible for operating a high speed go-kart. Drivers must be over 10 years of age and must have attended an instructional briefing. Drivers must be of sufficient stature and physical ability to properly reach and manipulate all controls on the go-kart.

(b) Frame means the primary supporting members of the go-kart.

(c) High speed go-kart means a go-kart with a maximum operating speed greater than 30mph.

1. Class I means a high speed go-kart governed or otherwise limited to a maximum operating speed of between 30 and 35 mph.

2. Class II means a high speed go-kart governed or otherwise limited to a maximum operating speed of between 35 and 50 mph.

(d) Instructional briefing means an on-site, off-track instructional session led by a track operator or attendant, describing safe operations of the high speed go kart.

(e) Pit area means a designated area where patrons are loaded or unloaded into and out of go-karts.

(f) Refuel area means that area where engine fueling is accomplished.

(g) Roll bar means a frame or structure which extends above the patron’s head and is designed to support the weight of the high speed go-kart, and protect the patron should the go-kart turn over.

(h) Safety restraint means an adjustable lap belt and cross body safety restraints or harness.

(3) Posted Signs.

(a) A sign shall be posted at the entrance to each track or in the pit area containing the following instructions and information for patrons:

1. Helmets required,

2. Closed toe shoes required,

3. Eye protection required,

4. Karts must be operated in a safe manner,

5. Signs indicating direction of travel must be obeyed,

6. The maximum number of Class I or Class II go-karts allowed in operation during a race,

7. Properly secure loose clothing and hair as to not interfere with safe operations,

8. Patrons under the influence of drugs or alcohol are not permitted to operate the high speed go-karts.

(b) If the go-karts are prohibited from having safety restraints or roll bars by the manufacturer the following signage will also be required:

1. Neck guards required,

2. Chest and rib protectors required,

3. Long pants and abrasion resistant jackets required.

(4) High Speed Go-Kart Requirements.

(a) A detailed operational manual for each model high speed go-kart and high speed go-kart track must be kept onsite at all times. Each operational manual must be written in English and must include:

1. A detailed, scaled drawing of each go-kart course, including course measurements,

2. Written emergency plans which also must be posted in the employee’s work area,

3. Manufacturer’s maintenance instructions and specifications for each type of go-kart.

(b) The governor or speed-limiting device shall not be accessible to the patron of the high speed go-kart.

(c) Rotating, moving, or hot engine parts of a high speed go-kart shall be shielded from contact by patrons while exiting, riding, or entering to prevent injury to patrons.

(d) No more than one person shall occupy a high speed go-kart at any one time.

(e) A high speed go-kart shall have brakes that operate as designed by the original manufacturer or as approved by a licensed professional engineer.

(f) The brake and throttle controls on a high speed go-kart shall:

1. Be visually labeled, “stop” for brake, and “go” for gas (fuel), or be color-coded, red for brake, green for go, and

2. Return automatically to a non-operational position when released.

(g) All high speed go-karts shall be equipped with safety restraints and roll bars unless the manufacturer specifically prohibits such devices.

(h) All high speed go-karts shall be equipped with impact bumpers or impact-absorbing parts surrounding the body of the high speed go-kart.

(i) All wheels of a high speed go-kart shall be enclosed, designed, or guarded so that they cannot interlock with or ride over the wheels of another go-kart.

(j) The fuel tank of a high speed go-kart shall be designed and mounted so that when the high speed go-kart is inverted, leakage or seepage of fuel does not exceed 1 ounce in 5 minutes from any source.

(k) All parts on go-karts must meet or exceed the manufacturer’s specifications.

(l) Each high speed go-kart shall be individually identified. This identification shall be permanently affixed to the frame in a consistent and a readily visible location.

(m) High speed go-karts shall not operate at speeds higher than those established in paragraph (2)(c).

(5) Track and Facility Requirements.

(a) Each track shall meet the following criteria:

1. Hard surface tracks shall have a smooth and consistent gripping surface,

2. The width of all tracks shall be a minimum of three times the width of the widest car or 12 feet, whichever is greater, except where cars run individually, and

3. No intersecting course configurations shall be permitted to operate at the same time; however, pit area entrances and exits are permitted.

(b) Track safety barriers must be constructed to stop the go-kart in a manner so as to minimize the risk of injury to a driver in the event of collision.

(c) Track safety barriers shall be:

1. Between the track and every obstruction or hazard that presents risk of injury,

2. Along all non-access and non-egress edges of the pit area,

3. Between tracks or sections of track that are within 50 feet of each other,

4. Between the track and any area where spectators have access,

5. Of sufficient height and present a vertical face to minimize the risk of the kart climbing and/or crossing the barrier per manufacturer or insurance requirements, and

6. Maintained in a condition that would not create a hazard or present an unnecessary risk to a driver should they come in contact.

(d) The pit area, for patron loading and unloading:

1. Must be separated from the track, and

2. Must have separate entrances and exits to the track.

(e) The property where the track is located shall be surrounded by a fence or barrier to avoid inadvertent patron entry. Fences and gates shall be in accordance with Rule 5J-18.0125, F.A.C.

(6) In addition to all other requirements, high speed go kart facilities must meet the following requirements:

(a) The speed of the go-karts is governed or otherwise limited in accordance with this rule,

(b) The track is designed to accommodate go-karts travelling at speeds at which the go-karts are being operated on the track, and

(c) The barriers on the track are appropriate to be used with the go-karts being operated on the track.

(7) Safety Equipment.

(a) At least one fully charged ABC dry chemical fire extinguisher having a minimum ten pound capacity must be located in every passenger loading area, in every refueling area, in each employee monitoring station, and on all recovery/response vehicles.

(b) The location of each fire extinguisher shall be marked and off the ground, and the fire extinguisher shall be easily accessible.

(c) Fire extinguishers must be inspected annually by the local fire marshal or a recognized service.

(d) Staff involved in controlling any ride cycle must be equipped with two-way radios or similar communication devices to ensure clear communication at all times.

(e) The following safety equipment is required to operate a high speed go-kart:

1. Helmet ‒ each helmet must meet or exceed the Federal Motor Vehicle Safety Standard 218, Section 571.218, Title 49, Code of Federal Regulations, incorporated by reference in Rule 5J-18.0011, F.A.C. A copy of this material may be obtained by writing to Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or may be inspected at the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or may be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08484,

2. Closed toe shoes, and

3. Eye protection.

(f) In addition to the safety equipment listed in paragraph (6)(e), the following equipment is required to operate a high speed go-kart if restraints or rollbars are prohibited by the manufacturer:

1. Neck guards,

2. Chest and rib protectors, and

3. Long pants and abrasion resistant jackets.

(g) The following safety equipment shall be available if requested by the driver of a high speed go-kart:

1. Neck guards, and

2. Chest and rib protectors.

(8) Refueling.

(a) Go-karts shall be refueled in a designated area. No patrons or spectators are allowed in the area during the time of refueling.

(b) No Smoking signs must be posted next to the refueling dispenser.

(9) Inspection Requirement. Prior to a department inspection of a high speed go-kart, there must be present on location:

(a) The high speed go-kart’s operational manual written in English, and

(b) The high speed go-kart’s prior inspection reports conducted by the owner or their designee.

(10) Operations.

(a) No person shall be permitted to drive a go-kart without attending an on-site instructional briefing designed specifically for the go-kart course being driven. Instructional briefings attended within the previous 30 days will meet this requirement if the instructional briefing content has not changed. The briefing shall include, at a minimum:

1. Discussion of the course design, a visual representation of the course, and specific instructions on how to drive the course,

2. Explanation of the colors of flags and any other signals which will be used during the ride cycle, to include those used when issuing warnings and indicating cessation of operations,

3. Instructions regarding kart gas and braking, to include description and explanation of proper acceleration and deceleration of the high speed go-kart,

4. Instructions on the proper use of safety equipment,

5. Instructions prohibiting blocking, bumping, and reckless driving,

6. Instructions regarding proper operation of vehicle controls,

7. Information regarding the importance of following rules and instructions,

8. Description and demonstration of all emergency signals,

9. Instructions on safe operation procedures, and

10. Instructions on course requirements.

(b) All high speed go-karts that are operated simultaneously on a track shall have body parts, bumpers, and wheels that are size compatible.

(c) High speed go-karts brought by members of the public shall not be operated with high speed rental go-karts unless all high speed go-karts meet all requirements of this section.

(d) Class I and Class II high speed go-karts shall not operate on the track at the same time.

(e) Class II drivers must be over 16 years of age with a valid driver’s license or 18 years of age or older.

(f) Drivers who do not meet Class II requirements but who have safely raced the course in a Class I go-kart a minimum of five sessions may be granted permission to operate a Class II go-kart by the owner or operator of the track. Proof of prior Class I go-kart operation must be recorded and retained by the owner.

(g) The number of high speed go-karts permitted to operate on a track at one time is limited to the number of go-karts the track was designed to safely contain. Documentation of the maximum number of Class I or Class II go-karts that can safety operate on the track at the same time must be maintained by the track owner. Documentation from the track designer, manufacturer, or a professional engineer will meet this requirement.

(h) High speed go-kart attendants shall:

1. Ensure all required safety equipment is being properly used,

2. Be positioned so that they can observe all sections of the track and reach any section of the track immediately. Electronic visual and audio means may be used to supplement attendants’ observation of the track,

3. Observe each patron to ensure proper karting knowledge and driving proficiency,

4. Not be engaged in the operation of other amusement rides during go-kart operations,

5. Ensure drivers are not under the influence of drugs or alcohol during operations,

6. Provide the track with adequate lighting for night operation, if applicable, and

7. Enforce all rules for safe operations.

(i) Tracks shall be free of oil and fuel spills. A high speed go-kart losing oil or fuel shall be immediately removed from the track. In the event of an oil or fuel spill, all operations shall cease until the spill has been cleaned up and the track is deemed by attendants to be safe for operations.

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242 FS. History–New 11-18-20.

Fla. Admin. Code R. 5J-18.016 Regulation of Water Parks

(1) This section establishes specific requirements for water related amusement rides in addition to the general requirements contained in this chapter in order that water related amusement rides erected permanently or temporarily in the state are operated and maintained in accordance with Section 616.242, F.S.

(2) Definitions. As used in this section, the following definitions shall apply:

(a) Catch pool means a pool at the base of the water related amusement ride from which patrons exits.

(b) Catch pool attendant means an attendant who directly monitors the activity in the catch pool and immediate vicinity.

(c) Flume means an inclined channel containing water which provides a transit path for conveying patrons.

(d) Runout means the portion at the end of a water related amusement ride which contains a flow of water and allows for safe deceleration and exit of patrons.

(e) Water related amusement ride means any amusement ride involving immersion of the body totally or partially in the water.

(f) Water slide means a water related amusement ride used as a recreational device which:

1. Has a total vertical drop of 10 feet or more; and,

2. Uses flowing water to provide low friction; and,

3. Is designed to provide a descending ride into a catch pool, runout or body of water at the base of the water related amusement ride.

(3) Manual.

(a) Each owner or manager of a water related amusement ride shall maintain an operational manual or other written instructions for all operation and maintenance.

(b) The manual, and other written instruction, shall be legible, in English, and readily accessible at the water park and shall include the following:

1. General maintenance and cleanup procedures;

2. Equipment operation instructions;

3. A written emergency plan.

(4) Posted Signs. At the water park’s entrance or at each water related amusement ride, the owner or manager shall provide a sign that conveys the meaning of the following instructions and information:

(a) General instructions for patron safety for specific amusement rides.

(b) Any other instructions recommended or required by the manufacturer, owner or manager to be posted.

(5) Daily Inspections. During operations, the owner, manager, or the owner’s designee shall:

(a) Inspect the water related amusement ride prior to each day’s use to determine that the water related amusement ride is in proper operating condition;

(b) Maintain appropriate water related amusement ride inspection records as required in Section 616.242(16), F.S., and in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(6) Operation.

(a) The owner or manager shall operate each water related amusement ride in accordance with its operations manual and manufacturer requirements.

(b) Each attendant shall be trained in:

1. The use of the equipment which the attendant may operate,

2. Procedures for operations,

3. The instructions to patrons; and,

4. The water related amusement ride general emergency plan.

(c) At least one attendant must be trained in first aid and certified in life saving techniques by The American Red Cross, Y.M.C.A. or other nationally recognized organization with similar standards as required under Chapter 514, F.S.

(d) Owners, managers or attendants shall instruct all patrons as to safe operation procedures.

(e) Owners, managers or attendants shall enforce the rules for patron safety set out in the owner’s operations manual and in manufacturer’s requirements.

(7) Criteria.

(a) All parts or components with external surfaces and edges of the water related amusement ride that may come in contact with the patron shall minimize the potential for a cutting or pinching hazard.

(b) The water park shall be fenced. Fencing and gating shall be in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designations, as incorporated by reference in Rule 5J-18.0011, F.A.C. Individual water related amusement rides need not be fenced when the water park is fenced.

(c) Wave pools shall have a buoy line or other device to warn patrons away from the wave generating equipment when required by the manufacturer.

(d) At least one attendant position at a wave pool shall have a functional emergency stop.

(8) Ingress, Egress, and Walking Surfaces. The owner or manager shall maintain the means of ingress, egress and walking surfaces of the amusement ride so that they are slip resistant with a textured surface which is not conducive to slipping under contact of bare feet.

History

• Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242(4) FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Formerly 5F-8.016, Amended 7-27-17, 5-2-19, 10-29-19, 11-18-20, 5-22-24.

Fla. Admin. Code R. 5J-18.024 Exempt Amusement Rides

The following amusement rides, and those of comparable construction or function, are exempt from permitting and inspection by the department pursuant to Section 616.242(11)(c), F.S.

(1) Orbitron, Gyro Sphere or other comparable equipment that allows the patron to rotate on several axes without mechanical assistance.

(2) Climbing Walls, Rock Climbs or other comparable equipment, which allows the patron to climb a vertical wall without mechanical assistance.

(3) Trampolines, or other comparable equipment, which use elastic cords to prevent a patron from falling from the trampoline. The elastic cords also assist the patron with jumping, but no additional mechanical assistance is provided.

(4) Single carrier “Spin the Apple” ride or other comparable equipment, which is mounted in a stationary position and is not motorized. The patron rotates the carrier by physically pushing against a wheel on the ride center.

(5) A “Swingin Gym” or other comparable equipment where the patron, through physical effort, swings on a frame supported platform and attempts to propel the platform in a 360 degree arc.

(6) “Ore cars” or other comparable equipment which are human powered train cars that are propelled around a flat track by the patron’s physical effort.

(7) Outdoor Maze or other comparable locale where the patron passes through a network of passages, without mechanical assistance, attempting to navigate through the area. The area is not covered or enclosed, except for the vegetation or other material used to define the passages within the maze.

(8) Any haunted house that is a permanent amusement ride having no motorized, mechanical components, and that is not operated for more than 60 calendar days per year during the months of September, October, and November.

(9) “Pump and spin” ride or other comparable equipment, which is mounted in a stationary position and is manually spun by patrons pumping the ride’s handles.

(10) “Renaissance Carousel” ride or other comparable equipment, in which the operator walks in a circular motion pulling the carriers around the ride center.

(11) “Rocking Swing” ride or other comparable equipment, in which the carrier moves in a front to back motion by the physical effort of the operator.

(12) “Joust” ride or other comparable equipment, in which the carrier travels along a designated course after physical effort is exerted by the operator.

(13) Motion simulators or other comparable equipment that uses motion picture simulation along with mechanical movement, and does not rotate or move more than 45 degrees in any direction.

(14) Free Driving Machinery, such as a monster truck, combine harvester or military equipment, that is not confined to a metal track but is driven in a confined area.

(15) Ice Slides or other comparable equipment which has a total vertical drop of less than ten feet, and which has ice or refrigeration applied to its surface.

History

• Rulemaking Authority 616.165, 616.242(4)(b), (11)(c) FS. Law Implemented 616.242 FS. History–New 10-10-01, Amended 5-30-05, Formerly 5F-8.024, Amended 10-14-18, 10-29-19, 11-18-20.

Fla. Admin. Code R. 5J-18.025 Regulation of Bungy Operations

(1) Purpose. This rule specifies and gives guidance on the site and site approval, testing of equipment, the management of the operation, the operating procedures, the provisions and emergency procedures relating to bungy operations. (Bungy is sometimes spelled “bungee”.)

(a) For purposes of this rule, the term “bungy jumping” includes and refers to permanent and mobile platform jumping facilities.

(b) Each bungy jumping operation is subject to the provisions of Chapter 616, F.S. and Chapter 5J-18, F.A.C., and this rule.

(c) Each bungy jump shall be considered a new device.

(2) Definitions. The definitions in Sections 616.001 and 616.242, F.S., and the following shall apply:

(a) Binding – Ankle. Material used to wrap and hold together the jumpers ankles. The binding is tied together and attached to the bungy cord.

(b) Binding of Cord. Material used to hold the cord threads in place. Can also protect the cord threads from damage.

(c) Breaking Load. The stress or tension steadily applied and just sufficient to break or rupture.

(d) Bumper. A padded sleeve or covering on the bungy cord and connecting straps or devices to prevent the jumper from contacting or becoming entangled in the bungy cord or connecting straps or devices.

(e) Bungy Catapulting or Reverse Bungy Jumping. The sport, activity, or practice whereby a person is attached to a bungy cord which is stretched and then released, thus catapulting or otherwise launching the jumper into the air from a fixed position. This definition does not include the sport, activity, or practice whereby a participant is strapped into a bungy harness on the ground, attached to a bungy cord, and lifted directly from the ground into the air without the use of a catapult, slingshot, or other similar device, nor does it apply to other amusement devices or amusement attractions which may utilize a bungy cord as a component, and the patron or patrons are contained in a rigid structural carrier and no overhead obstruction exists which may impact or otherwise strike the carrier or patron, thereby posing a hazard. “Ground” as used in this paragraph includes the ground, an air bag or air cushion, a launch pad, or other similar object from which the participant is lifted or released.

(f) Bungy Cord. The elastic rope made of rubber, latex, or other elastic-type materials, whether natural or synthetic, to which the jumper is attached. It lengthens and shortens and thus produces a bouncing action.

(g) Bungy Jumping. The sport, activity, or other practice of jumping, diving, stepping out, dropping or otherwise being released into the air while attached to a bungy cord, whereby the cord stops the fall, lengthens and shortens, allows the person to bounce up and down, and is intended to finally bring the person to a stop at a point above the surface. This definition does not include the sport, activity, or other practice whereby a participant is strapped into a bungy harness on the ground, attached to a bungy cord, and lifted directly from the ground into the air without the use of a catapult, slingshot, or other similar device, nor does it apply to other amusement devices or amusement attractions which may utilize a bungy cord as a component, and the patron or patrons are contained in a rigid structural carrier and no overhead obstruction exists which may impact or otherwise strike the carrier or patron, thereby posing a hazard. “Ground” as used in this paragraph includes the ground, an air bag or air cushion, a launch pad, or other similar object from which the participant is lifted or released.

(h) Cord. See Bungy Cord.

(i) Dynamic Loading. The load placed on the rigging and attachments by the initial free fall of the jumper and the bouncing movements of the jumper.

(j) Equipment. Each component which is utilized in bungy jump operation, including power or manually operated devices to raise, lower and hold loads.

(k) Fence. A permanent or temporary structure designed and constructed to retain people, animals and objects within or outside a defined area.

(l) Incident. An event that could or does result in injury to a person, damage to equipment, or the interruption or stopping of bungy jump operations.

(m) Jump Direction. The direction in which a jumper is aimed when jumping from the jump point.

(n) Jump Master. A person who has responsibility for the bungy jumping operation and who takes a jumper through the final stages to the actual jump or release.

(o) Jumper. The person who falls from a height attached to a bungy cord.

(p) Jumper Harness. An assembly to be worn by a jumper and to be attached to a bungy cord. It is designed to prevent the jumper from becoming detached from the bungy cord.

(q) Jump Height. The distance from where the jumper begins to fall to the bottom of the jump zone.

(r) Jump Operator. A person who assists the jump master in preparing a jumper for jumping and who operates the lowering system whereby the jumper is lowered to the landing pad.

(s) Jump Point. The position from which the jumper falls or begins to fall.

(t) Jump Space. The jump zone plus the safety space.

(u) Jump Zone. The space bounded by the maximum designed movements of the jumper or any part of the jumper.

(v) Jumper Weight. The weight of the jumper only.

(w) Karabiner. A shaped metal or alloy device used to connect sections of the jump rigging, equipment or safety gear.

(x) Landing Area. The surface area directly under the jump space, or, where the lifting appliance moves the jumper so that landing occurs away from the jump space, the area covered by the movement of the lifting appliance or part of it, including the area where the jumper lands.

(y) Landing Pad. The padded area on which the jumper is off-loaded after jumping by means of the lowering appliance or equipment.

(z) Lateral Direction. The movement of the jumper measured at 90 degrees to the designed jump direction.

(aa) Launch. A propelled jump.

(bb) Launch Point. The point from which the jumper is launched.

(cc) Loaded Length. The length of the bungy cord when extended to its fullest designed length when jumping.

(dd) Moused. The process of binding around the point and shank of a hook, pin or shackle to prevent any load from slipping off.

(ee) Operating System. The system of processing a jumper through the jump methods used on a particular site. This includes registration, preparation, getting to the jump point, methods of attachment, jumping, the rigging and lowering system and the landing recovery method.

(ff) Operating Manual. The document that contains the procedures and forms for the operation of the bungy jumping activity and equipment on the stated site.

(gg) Owner. The person who owns or operates a bungy jumping operation, or the lessee if a bungy jumping operation or any of its component parts are leased.

(hh) Platform Catapult. The area on the ground from which the jumper is catapulted to a height from which the jumper falls.

(ii) Platform Mobile. The apparatus attached to a lifting appliance from which the jumper falls or jumps.

(jj) Platform Permanent. The apparatus attached to a fixed structure from which the jumper falls or jumps.

(kk) Preparation Area. The area where the jumper is prepared for jumping. It is a separate area on the ground, the support structure or part of the platform.

(ll) Professional Engineer. A person who holds a valid license as a Professional Engineer with the Florida Department of Business and Professional Regulation or some other equivalent licensing body.

(mm) Recovery Area. An area adjacent to the landing area where the jumper may recover from the jump before returning to the public area.

(nn) Rigging System. The rigging system is a combination of components that connects the jumper through the bungy cord to an attachment point on the structure, lifting appliance or platform. The rigging system includes, but is not limited to, ropes, pulleys, karabiners, shackles and lowering equipment.

(oo) Safe Working Load (SWL). The maximum rated load which can be safely handled under specified conditions by a machine, equipment or component of the rigging.

(pp) Safety Belt. A belt designed to fit around the waist of a person and can be attached to either an anchor point or safety life line.

(qq) Safety Factor. The ratio obtained by dividing the breaking load of any piece of equipment by its safe working load.

(rr) Safety Harness. An assembly to be worn by a staff member or jumper. It is designed to be attached to a safety line and to prevent the wearer from becoming detached from the safety line.

(ss) Safety Line. A line used to connect the safety harness or belt to an anchorage point or rail in situations where there is a risk of free fall.

(tt) Safety Space. The space extending beyond the jump zone as a safety factor; that is, the space beyond the maximum designed movements of the jumper.

(uu) Structure. A permanent or temporary building, bridge, tower or similar erection that is used, or proposed to be used, for bungy jumping.

(vv) Thread. A single strand of material used in a bungy cord. A bungy cord is constructed of a varying number of threads.

(ww) Unloaded Length. The length of the bungy cord lying on a horizontal flat surface without load or stress applied.

(xx) Working Platform. An enclosed platform or cage used to carry people that is attached to a lifting appliance or crane.

(3) Site and Operating Approval.

(a) The owner shall obtain written approval for each site from the Department of Agriculture and Consumer Services prior to commencing bungy jump operations.

(b) The approval of the Department must be secured annually for each site.

(4) Equipment Design and Construction.

(a) Prior to commencing bungy jump operations, the owner shall submit to the Department a professional engineer’s report certifying that the design and construction of the structures, equipment, access ways and operating areas meet the requirements of Chapter 616, F.S., and Chapter 5J-18, F.A.C., the applicable local laws, American Society of Testing and Materials (ASTM) International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., and other applicable Government Codes, and are certified by the engineer to be suitable for a bungy jumping operation. The engineer’s report shall also contain site plans, safety zones, drawings and specifications of equipment and structures, certification of the safety air bag, certification of the jumper safety harness, certification of the jump worthiness of the bungy cords to be used, and certification that the methods of attachment and location of attachment are the safest available.

(b) Engineering inspections by a professional engineer shall be conducted each and every time a bungy jump operation is substantially rebuilt or substantially modified. An authorized annual inspector shall conduct an inspection annually and each time a bungy jump is re-located.

(5) Insurance. The owner shall have and maintain liability insurance in an amount of not less than one million dollars per occurrence insuring the owner or lessee against liability for injury to person arising out of the use of a bungy jump. The owner shall provide sufficient proof of insurance to the Department prior to commencing bungy jump operations in this state, and upon request of the Department. When a claim in excess of, or a combination of claims exceeding, $100,000 is made, the owner shall close the bungy jump until there is a reinstatement of insurance value and shall notify the Department.

(6) Jumping; Landing Pad.

(a) The owner shall allow bungy jumps to be conducted only under the direct control of a jump master.

(b) The jump master shall immediately stop all bungy jumping operations when the wind speed exceeds the maximum wind speed as determined by a professional engineer for the safe operation of the bungy jump.

(c) Adjustments for the weight of each jumper shall be made by the jump master’s selection of bungy cord.

(d) In a bungy jump operation which utilizes a crane, the jumper shall be secured on the platform by a safety belt and life line at all times until the jump point is reached. In a bungy jump operation which utilizes a tower, the jumper shall be secured by a safety belt, life line or bungy cord before reaching the jump point.

(e) All shackles shall be moused.

(f) In a bungy jump operation which utilizes a crane, at least 2 staff members, 1 of whom must be a jump master, shall accompany the jumper in the working platform or cage. In a bungy jump operation which utilizes a tower, at least 2 staff members, 1 of whom must be a jump master, shall accompany the jumper from the point of preparation at the jump platform to the jump point.

(g) The jumper shall be allowed to recover before being moved from the landing pad.

(h) The position of the jump point in relation to the tower or crane shall be constructed and maintained so as to prevent the jumper from coming into contact with any part of the tower or crane during the jump.

(7) Safety Air Bag.

(a) The owner shall provide a safety air bag for each bungy jump. The safety air bag shall cover the entire surface area of the jump space, including the area necessary for all rebound angles of the jumper. A professional engineer shall certify the height, width and length of the safety air bag for the height of each bungy jump, and the area necessary for all rebound angles. Each bungy jump operation shall be designed and operated in order to prevent a jumper from coming into contact with the safety air bag during the course of an incident-free jump. When a patron comes into contact with the safety air bag during a jump, the owner shall close the bungy jump, redesign the bungy jump to prevent contact with the safety air bag, provide a reinspection of the bungy jump by a professional engineer and request a reinspection by the Department prior to reopening the bungy jump.

(b) The safety air bag height shall be certified or rated by the air bag manufacturer for the height of the bungy jump.

(8) Height of Bungy Jump. No bungy jump in this state shall exceed a height of 100 feet, measured from the bottom of the jump point to the surface.

(9) Platform Permanent.

(a) The platform permanent shall be operated with a minimum Safe Working Load (SWL) reflecting a safety factor of not less than 5, as determined by the maximum load for which the platform is designed and constructed. If the jump equipment is attached to the platform as distinct from the structure, the dynamic load factor shall be added to the platform load factor.

(b) Where the platform is not an integral part of the structure, the attachment devices and the part of the structure to which they are attached shall have a minimum safety factor of at least 5 over the total design load.

(c) The platform shall have a slip resistant floor surface.

(d) The platform shall have sufficient working space for a minimum of 3 people.

(e) The platform shall have anchor points or rails for safety harnesses which are designed and positioned so as not to impede the jump operator’s movements.

(f) The platform shall be fitted with a permanent enclosure to contain the jumper during preparation.

(g) The jumpers shall be prepared for jumping in a place separated from the jump point.

(h) There shall be a gate across the jump point equipped with a locking system to prevent accidental opening when there is not a jumper present on the jump point.

(i) The top end of all bungy cords on the platform shall be securely attached to the rigging bar or to the rigging before each jumper is prepared for jumping and before jumping occurs.

(j) There shall be a plate or permanent marking on each platform indicating the maximum capacity of the platform and the rated workload capacity or maximum intended load.

(10) Lowering System.

(a) The owner shall provide a system for lowering the jumper to the landing pad which shall be a mechanically powered system not capable of freefall and operated by the jump operator or the jump master. The owner shall also provide a second person to monitor the lowering of all jumpers who shall be capable of stopping the process if necessary to avoid injuries to the jumper.

(b) The owner shall provide an alternative method for lowering the jumper in the event the main lowering system fails.

(11) Platform Mobile.

(a) The platform mobile or cage used for lifting employees or jumpers shall be designed by a qualified engineer or a qualified person competent in structural design.

(b) The platform mobile or cage shall have a guardrail system sufficient to enclose all passengers during the hoisting or lowering of employees or jumpers. The platform mobile or cage shall have adequate overhead protection and headroom to guard against injuries to passengers. There shall be a plate or permanent marking on each platform mobile or cage indicating the weight of the platform and the rated workload capacity or maximum intended load.

(c) The platform mobile or cage shall be designed and maintained with an access gate that opens to the inside of the platform and that has a safety lock or restraining device to prevent accidental opening.

(d) The platform mobile or cage shall be free of any rough or exposed edges.

(e) The platform mobile or cage shall be designed and attached to the hoisting cables of the crane or derrick in such a manner so as to ensure the load is evenly balanced during hoisting or lowering.

(f) All attachment assemblies related to the platform mobile or cage shall be designed and maintained to close and lock in such a manner that prevents accidental opening while the platform mobile or cage is attached to the hoisting cable.

(g) The jump rigging shall not be attached directly to the platform mobile.

(h) The jump rigging shall pass through or around the platform in such a way as to eliminate damage to the jump rigging.

(i) The owner shall position the mobile platform at a constant height above the safety air bag for each jump. That is, adjustments for the weight of each jumper shall be made by the jump master’s selection of bungy cord.

(j) The platform mobile shall be operated with a minimum Safe Working Load (SWL) reflecting a safety factor of not less than 5, as determined by the maximum weight for which the platform is designed and constructed.

(k) The platform shall have a slip resistant floor surface.

(l) The platform shall have sufficient working space for a minimum of 3 people.

(m) The jumper and all employees shall be completely enclosed on the platform until the platform reaches the jump point.

(n) The jumper shall be secured by a safety belt or life line on the platform until the jump point is reached.

(o) The platform shall have anchor points for safety harnesses or safety belts for all persons carried on the platform.

(p) Each jump operator on the mobile platform shall wear a safety harness or safety belt.

(q) All passengers and the jumper shall wear safety belts.

(r) The owner shall provide an alternative method for lowering the jumper from the platform in the event the main lowering system fails.

(s) The platform and support straps shall be designed and operated to provide for maximum stability of the platform.

(t) All shackles shall be moused.

(u) The platform mobile or cage shall be designed and operated for use with a stabilizing bar or cable so that the platform shall be attached in a fixed position to the crane or derrick to prevent swaying or rocking during a jump.

(12) Wind Speed. The maximum wind speed during which a bungy jump may safely operate shall be determined by a professional engineer. The maximum wind speed for the safe operation of the bungy jump shall be stated in the operating manual. No person shall operate a bungy jump when wind speed exceeds the maximum wind speed stated in the operating manual.

(13) Cranes. No person shall operate a bungy jump which utilizes a crane or derrick unless the following criteria are expressly met:

(a) The owner must possess a current certificate to operate issued by the Department for each crane used in a bungy jump operation.

(b) The owner shall submit to the Department a professional engineer’s affidavit certifying the crane to be suitable for use in a bungy jumping operation.

(c) The crane shall be operated by a person who has a minimum of 2 years experience in mixed type operating cranes and who holds a certificate of training issued by a crane inspection company recognized by the United States Department of Labor specializing in certification of crane operators and personnel handling. The crane operator shall be re-certified annually.

(d) The crane shall be operated with a minimum Safe Working Load (SWL) reflecting a safety factor of not less than 10. Other lifting appliances shall meet such similar requirements as are applicable to the lifting appliance.

(e) The owner shall comply with the crane manufacturer’s operating manual or instructions, except as modified by the professional engineer who certifies the crane as suitable for use in bungy jumping operations.

(f) The crane shall be equipped with an attached plate or permanent marking indicating the rated load capacity, recommended operating speed, special hazard warnings, and special operating instructions for operation of the crane.

(g) The crane shall be equipped with an operational anti-two block device which shall be capable of eliminating all power to the crane’s hoisting cable. The anti-two block device shall be positioned a minimum of 6' feet from the end of the crane boom or jib.

(h) Wire rope used for hoisting or lowering the platform mobile or cage shall be rotation resistant. Wire rope shall be taken out of service when any of the following conditions exist:

1. In running ropes, 6 randomly distributed broken wires in 1 lay or 3 broken wires in 1 strand in 1 lay.

2. Wear of one-third (1/3) the original diameter of outside individual wires.

3. Kinking, crushing, bird caging or any other evidence of damage resulting in distortion of the rope structure.

(i) The crane shall be equipped with operational stabilizer bars or cables which stabilize the platform mobile or cage during a jump to ensure a consistent jump space.

(j) The crane shall be equipped with a swing lock mechanism to limit the rotation of the crane to the operational limits of the bungy jump.

(k) The crane shall be equipped with a load moment indicator.

(l) The crane shall be equipped with an appropriate safety mechanism or device which prevents freefall capability.

(m) The crane shall be set up and maintained in a level manner on firm footing. All outriggers shall be fully extended.

(n) During the hoisting or lowering of employees or jumpers, the hoisting or lowering speed shall not exceed 100' feet per minute.

(o) The bungy jump owner shall provide for detailed daily inspections of the crane, working platform, and hoisting mechanism; and shall maintain detailed written inspection records which indicate the date of inspection, name of the inspector, list of items inspected, deficiencies found during the inspection, actions taken to correct the deficiencies found, and certification that all deficiencies have been corrected prior to further bungy jumping operations being conducted. The daily inspections shall be conducted by the crane operator.

(p) The crane shall be inspected every 6 months by a person who has a minimum of 2 years of experience in inspecting mixed type operating cranes and who holds a certificate of registration issued by the United States Department of Labor. The owner shall maintain detailed written inspection records which indicate the date of inspection, name of the inspector, list of items inspected, deficiencies found during the 6-month inspection, actions taken to correct the deficiencies found, and certification that all deficiencies have been corrected prior to further bungy jumping operations being conducted.

(q) The owner shall provide training to the crane or hoist operator, jump master, and ground personnel who assist jumpers in hooking up and unhooking, persons who dismantle or erect the crane, and persons who have any rigging duties. Training conducted must meet the minimum requirements set forth in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(r) The crane operator shall not leave his operating position during any phase of hoisting or lowering the platform mobile or cage or during jumping.

(s) The owner shall provide that a professional engineer determine in writing the maximum allowable wind velocities during which bungy jumping operations shall take place at the site, and the maximum wind velocity during which the crane can be operated in a bungy jump operation. This information shall be maintained at the site and made available for review by the Department. The owner shall provide a method for constant monitoring of wind velocities at the jump site during bungy jump operations.

(t) The jump rigging shall be attached directly to the lifting hook of the crane.

(u) The jump rigging shall pass through or around the working platform in such a way as to eliminate damage to the jump rigging.

(v) The crane operator shall at all times maintain direct communication with the person directing the crane during the lifting and lowering of jumpers.

(w) For purposes of this rule, the term “crane” is synonymous with “derrick.”

(14) Hot Air Balloon. No bungy jump operations shall be conducted in this state using hot air balloons, blimps or similar type vessels.

(15) Bungy Cord.

(a) The cord shall be designed and tested to perform within prescribed limits of stretch and load as stated herein.

(b) The cord shall be made from natural or synthetic rubber or blends thereof that may be of various dimensions.

(c) The materials used in the construction of the cord shall be such that the stretched length is consistent each time the same loading is applied.

(d) Cord binding. The following requirements apply:

1. The binding shall hold the cord threads together in their designed positions,

2. The binding material shall have characteristics or specifications similar to those of the bungy cord material,

3. The cord bindings shall be intact,

4. Where bindings break during a day’s operation, the cord shall be withdrawn from use until the bindings are replaced.

(e) The following requirements apply to bungy cords:

1. The cord shall stretch in the jump to at least 2.5 times its unloaded length in its designed jumper weight range,

2. The unloaded length of the rigging system shall be less than half (1/2) the designed extended length,

3. Maximum loaded length. The operating length of a bungy cord at its maximum designed dynamic load shall not exceed 4 times its unloaded length.

(f) Testing of a new design of bungy cord.

1. Each owner desiring to utilize a new design of bungy cord shall submit to a professional engineer for testing one bungy cord which has been constructed using their standard method of manufacture including the bungy and all attachments, and two 3' foot lengths of bungy cord with end attachments to the same specification. Specifications for each cord shall also be submitted to the engineer which shall include:

a. The type of material used in the manufacture of the cord,

b. Thread specifications, including stress at 300% elongation, tinsel strength, and elongation at breaking point,

c. Dimensions and number of threads in a cross section of the cord,

d. Method of construction,

e. Method of binding,

f. Jumper weight range for size of cord submitted for testing to produce the extension from 2.5 times to a maximum of 4 times the unloaded length of the cord,

g. Operational range of dynamic loadings.

2. The engineer shall test the bungy cord and certify that the cord meets the cord specifications as submitted. The full length cord shall be subjected to at least 3 repeat tests for loading versus extension in order to establish consistency of extension within the cord range of loading. The full length cord shall be subject to a loading of 5 times the maximum dynamic load for a period greater than 5 minutes and then checked for signs of thread breakage or other deterioration. This will establish a minimum safety factor of 5.

3. The engineer shall carry out a cycle frequency test until either of the following occurs:

a. The dynamic load at 300% extension or 4 times unloaded length reduces to less than the maximum dynamic load, or

b. Evidence of more than 10% of threads exhibiting wear or 5% of the threads broken of the total number over the length of cord.

4. Upon completion of the testing required herein, the engineer shall destroy the full length cord.

5. For purposes of this section, a new design shall mean (1) a change in bungy thread specifications that affects the performance of the bungy threads or cord; (2) a change to the end attachments; or (3) a change in the manufacturing methods or equipment.

6. Bungy cord end attachment. Each end of the cord shall have an end attachment to connect the cord to the rigging and the jumper. The end attachments shall be tested by a professional engineer, and be of sufficient size and shape to allow easy attachment to the jumper harness and to the rigging. The end attachment shall have a minimum breaking load of at least 4,400 pounds.

(g) The maximum allowable life of the cord shall not exceed one-fifth (1/5) the tested number of extensions or 200 jumps, whichever is lower.

(h) A cord and its non-metallic connectors shall be immediately withdrawn from use when any of the following occurs:

1. When exposure to daylight exceeds 250 hours, except where a cord cover or sleeve fully protects all of the cord from visible and ultra-violet exposure,

2. When the cord has been in existence for a period of 6 months from date of manufacture,

3. When the cord material reaches the manufacturer’s recommended life span or 200 days, whichever is less,

4. When there is evidence of threads exhibiting wear, such as bunched threads, uneven tension between threads or thread bands,

5. When there are broken threads,

6. As the bungy cord stretches over the course of its jump life, the dynamic load required to extend the bungy to four times its unloaded length will reduce. When this dynamic load reduces to less than the maximum designed dynamic load, the cord shall be discarded,

7. When the cord comes into contact with solvents, corrosive or abrasive substances,

8. When any incident occurs that could result immediately or in due course in substantial substandard performance of the cord or its attachments,

9. When any discolorations are found,

10. When any other flaws are found,

11. When the date of manufacture of the bungy cord or each item of material which is a component part of the bungy cord cannot be documented on the site by reference to the identification tag required by paragraph (23)(b).

(i) Destruction of Cords. A cord withdrawn from use shall be destroyed in the presence of a Department inspector. The bungy cord is considered to be destroyed when it is cut into lengths of less than 3' feet. When a cord is ready for destruction the owner shall request, in writing, a department inspector to witness the destruction. The department will acknowledge the request and schedule a date to witness the destruction.

(j) Daily cord inspection and testing. Before starting and during the day’s operations, the jump master shall preform the following:

1. A visual inspection of the entire length and circumference of the bungy cord for signs of wear. The inspection shall be repeated at least 4 times during a full day’s operation and recorded in the daily log,

2. An inspection of the bungy cord if the extended dynamic or static length changes during jumping,

3. The bungy cord shall be immediately replaced in the event unexpected changes in the cord’s extended performance occur.

(k) Bumpers. The owner shall ensure that a bumper is used to cover the end of the bungy cord and all connecting straps and devices, where attached to the jumper. The bumper shall be at least 6'' inches in diameter and 5' feet in length. The bumper shall be fastened in such a manner so as to prevent its slipping up and down the bungy cord.

(l) All bungy cords used in bungy jumping operations shall be designed as to its thickness and length for the height of the jump so as to prevent the looping of the cord around any part of the jumper’s body during a jump. The owner shall submit to the Department a professional engineer’s report certifying the bungy cords to be used, in relation to the height of the jump, will not loop around any part of the jumper’s body during a jump.

(16) Jumper Harness. No bungy jump shall be operated unless the owner provides and requires each jumper to use a jumper harness that meets the following requirements:

(a) A jumper harness shall be full body, designed either as a full body harness or a sit harness with shoulder straps and shall be certified by a professional engineer as being in accordance with the requirements of one of the following:

1. UIAA, Mountaineering and Climbing Equipment, ‘Dynamic Ropes’ UIAA 101, May 2016, and ‘Harnesses’ UIAA 105, May 2014, as incorporated by reference in paragraphs 5J-18.0011(6)(a) and (b), F.A.C., or

2. The National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012 Edition, as incorporated by reference in subsection 5J-18.0011(7), F.A.C.

(b) A jumper harness shall be available to fit the range of person sizes accepted for jumping, and shall be properly adjusted and fitted on each jumper.

(c) The jumper harness shall be certified by a professional engineer as appropriate for use in bungy jumping and shall have a safety factor of not less than 5.

(d) A professional engineer shall certify that the method of attachment and location of attachment for the jumper harness is the safest available.

(e) The use of an ankle strapping or ankle harness in bungy jumping operations is hereby prohibited in this state.

(17) Ropes. All ropes for holding or lowering the jumper shall have a breaking load of at least 4,900 pounds and shall be certified by a professional engineer as being in accordance with the requirements of one of the following:

(a) UIAA, Mountaineering and Climbing Equipment, ‘Dynamic Ropes’ UIAA 101, May 2016, as incorporated by reference in paragraph 5J-18.0011(6)(a), F.A.C., or

(b) The National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012 Edition, as incorporated by reference in subsection 5J-18.0011(7), F.A.C.

(18) Hardware.

(a) Karabiners shall be of the steel screw gate type with a breaking load of at least 4,400 pounds and shall be certified by a professional engineer as being in accordance with requirements of one of the following:

1. UIAA, Mountaineering and Climbing Equipment, ‘Connectors/Karabiners’ UIAA 121, February 2016, as incorporated by reference in paragraph 5J-18.0011(6)(c), F.A.C., or

2. The National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012 Edition, as incorporated by reference in subsection 5J-18.0011(7), F.A.C.

(b) Pulleys and shackles shall have a minimum breaking load of at least 4,400 pounds and shall be certified by a professional engineer as being in accordance with the requirements of the National Fire Protection Association (NFPA) 1983 Standard on Life Safety Rope and Equipment for Emergency Services, 2012 Edition, as incorporated by reference in subsection 5J-18.0011(7), F.A.C.

(c) All pulleys shall be compatible with the rope size.

(d) Webbing shall be of flat tubular mountaineering webbing or equivalent with a minimum breaking load of at least 4,400 pounds.

(e) Tape knots shall be used on all webbing and the ends shall be either stitched down or shall be greater than twice the width of the tape.

(19) Life Lines, Safety Belts and Harnesses.

(a) Life lines shall be attached to all bungy personnel while on the working platform. Life lines shall have a minimum breaking load of at least 4,900 pounds.

(b) In a bungy jump operation which utilizes a crane, safety belts shall be worn by the jumper while on the working platform. In a bungy jump operation which utilizes a tower, the jumper shall be attached to a safety belt or bungy cord before reaching the jump point.

(c) A safety harness and life line attached to the platform shall be worn by all bungy personnel while on the working platform. The harness shall be either a sit harness or a full body harness.

(20) Daily Inspections. The jump master shall ensure daily:

(a) That the bungy jump operation has a current certificate to operate issued by the Department;

(b) That the hoist wire rope has sufficient length for the working heights. The crane operator shall run out the rope and the rope shall be given a visual inspection;

(c) That all shackles and pins are moused;

(d) That all outriggers are fully extended;

(e) That there are established lines of communication between the jump cage and the crane operator, and between the crane operator and the ground team;

(f) That the hand signals required for visual communication between the person directing the crane or lifting appliance and the crane or lifting appliance operator are known by all parties;

(g) That all protective equipment is inspected daily.

(21) Testing and Inspection. The owner shall ensure the following testing and inspections are performed:

(a) All jump rigging, harnesses, lowering or braking system and safety gear shall be regularly inspected and tested as set out in the operating manual and in this rule. The owner shall maintain detailed written inspection records which indicate the date of inspection, name of the inspector, list of items inspected, deficiencies found during the inspection, actions taken to correct the deficiencies found, and certification that all deficiencies have been corrected prior to further bungy jumping operations being conducted.

(b) All jump rigging, harnesses, lowering or braking systems and safety gear shall be of a load rating at least equal to the standards stated in this rule.

(c) Prior to commencing each day’s operations, the crane and platform mobile shall be raised and lowered with appropriate test weights to ensure proper operation.

(d) The owner shall replace any rigging or hardware which has become damaged.

(e) The owner shall replace any ropes which have become damaged.

(f) All ropes, webbing and bindings shall be inspected visually, and by feel, for signs of wear, fraying, or corrosive or damaging substances. Criteria for planned inspection shall be included in the operating manual.

(g) Criteria for the periodic replacement of ropes, webbing, harnesses and hardware shall be included in the operating manual.

(22) Replacement of Rigging and Equipment.

(a) At the beginning of each day’s operation, replacements of at least the following shall be available on site:

1. Bungy cord or cords,

2. All ropes,

3. Rigging hardware,

4. Body, safety harness for jumpers and staff,

5. Life lines and connecting devices.

(b) Any item of equipment, rigging or personal protective equipment found to be sub-standard shall be replaced immediately.

(c) Jumping shall cease immediately when a sub-standard item cannot be replaced.

(23) Identification of Items of Equipment, Rigging, Bungy, and Safety Equipment.

(a) Each item shall have its own unique permanent identification number.

(b) An identification tag shall be sewn, woven, or permanently attached to each bungy cord in such manner as will not interfere with the safety or performance of the bungy cord. The tag shall contain the following information:

1. The manufacture date of the bungy cord.

2. The manufacture date of each item of material which is a component part of the bungy cord.

3. The weight class for which the bungy cord is designed as required by this rule.

(c) The identification shall not harm the material of the item.

(d) The identification shall be clearly visible to the staff members during daily operations.

(e) The identification of each item shall be recorded in the item’s log sheet.

(f) The owner shall provide in the operating manual the color codes for the bungy cords being used at the bungy site which correspond to different weight classes. There shall be a minimum of 4 weight classes or progressions at each bungy site.

(24) Landing Area, Recovery Area and Jump Space. The owner shall comply with the following as to the landing area, recovery area and jump space:

(a) These areas shall be free of spectators at all times;

(b) These areas shall be free of any equipment or staff when a jumper is being prepared on the jump point and until the bungy cord is at its static extended state;

(c) The off-loading landing pad and air bag shall be positioned before jumper preparation commences on the platform;

(d) The landing pad shall be a clean, smooth, padded surface;

(e) The jumper shall be allowed to recover before being moved from the landing pad;

(f) The owner shall provide a recovery area for the jumper to sit and recover adjacent to the landing area.

(25) Fences.

(a) The owner shall maintain a fence designed and constructed to restrict people, animals and objects from entering the crane or tower area, the preparation area and the surface area of the jump space, and all areas specified by the local building code or the engineer who certifies the bungy operation.

(b) The owner shall ensure that all areas in which persons may be endangered shall be fenced, barricaded or otherwise effectively guarded against contact.

(c) The owner shall comply with all local building codes, and other applicable standards, with regards to fences or barricades.

(d) Prior to commencing bungy jump operations, the owner shall submit to the department a professional engineer’s report certifying that the design and construction of the fences or barricades meet the requirements of Chapter 616, F.S., and Chapter 5J-18, F.A.C., the applicable local laws, ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., and other applicable Government Codes, and are certified by the engineer to be suitable for a bungy jumping operation.

(e) Fencing and gates shall be in acordance with Rule 5J-18.0125, F.A.C.

(26) Storage. The owner shall provide storage to protect equipment from physical, chemical and ultra-violet ray damage. The storage shall be provided for current, replacement, and emergency equipment, organized for easy and orderly access and secured against unauthorized entry.

(27) Communication. The owner shall provide and maintain at each bungy site at a minimum the following:

(a) There shall be a public address system;

(b) There shall be a radio communication link or closed telephone circuit in the following situations:

1. On crane sites, a hook-up between the crane operator and the platform,

2. On permanent platform sites, a hook-up between the platform and the landing and recovery areas,

(c) Bungy jump personnel shall be easily identified by other staff and the public. A uniform or similar clothing shall be worn by bungy staff,

(d) Instructions to jumpers and the public shall be put in positive terms to avoid misinterpretation and mistakes.

(28) Emergency service. The owner shall provide and maintain a telephone communication link to 911 or similar emergency service within 200' feet of the bungy operation.

(29) Safety and Loss Control Management. The owner shall provide for and maintain the following:

(a) At least one jump master shall be designated Safety, Health and Loss Control Coordinator and shall be certified in first aid by the American Red Cross or an equivalent certification authority. The first aid certification shall include cardiopulmonary resuscitation (CPR).

(b) A comprehensive emergency plan shall be developed, practiced, maintained and posted at each bungy jump.

(c) The jump master shall inspect and review daily the site, equipment and procedures as outlined in the emergency plan.

(d) The reporting and investigation of injuries, damages, and near-miss events shall be analyzed and reviewed by management on a regular basis. The owner shall make changes to procedures, equipment, rigging or structures as needed to reduce the likelihood of any incidents re-occurring.

(e) The emergency plan shall be included in the Operating Manual.

(f) Training shall be provided to all bungy staff relative to emergency procedures. A record of training shall be kept.

(30) Staff and Duties. The owner shall maintain at least the following staff at each bungy jump:

(a) Jump master. To be qualified as a Jump Master, a person shall be at least 18 years of age, and shall have had a minimum of 250 hours, and 1,250 jumps, of incident-free experience as a jump operator under the supervision of a qualified jump master at a bungy jumping operation. A jump master shall be responsible for the following:

1. At least one jump master at each bungy site shall be designated as having complete control over the operation and accountable for the operation and control of the bungy site. He shall have a thorough knowledge of the bungy site, its equipment, operating manual and procedures, and staff,

2. The jump master shall select the bungy cord and adjust the rigging appropriately for each jumper,

3. The jump master shall take the jumper through the final stages to the jump take-off. The jump master shall be present at the jump point during each jump,

4. For crane operations, at least 2 staff members, 1 of whom must be a jump master, shall escort the jumper from the preparation area to the jump point. However, when all connections are made while on the ground and checked by 2 staff members, 1 of whom is a jumpmaster, only 1 staff member must escort the jumper to the jump point,

5. The jump master shall be responsible for the training of other bungy staff. All training shall be conducted by or under the direct supervision of a jump master,

6. The jump master shall ensure that the number of jumps being conducted at a site does not prohibit the bungy staff from carrying out all procedures and duties for each job as set out in the manual,

7. The jump master shall directly supervise all staff who are in training.

(b) Jump Operator. The owner or jump master shall designate a jump operator at each bungy jump with at least the following duties:

1. Assisting the jump master to prepare the jumper,

2. Attaching the jumper to harness,

3. Assisting in attaching the jumper to rigging,

4. Carrying out check procedures,

5. Operating the lowering system,

6. In crane operations, the jump operator may assist in landing or recovery procedures,

7. Assisting in controlling the public.

(c) Landing or Recovery Operator. The owner or jump master shall designate a landing or recovery operator at each landing area with at least the following duties:

1. Assisting the jumper to the landing pad,

2. Assisting the jumper to the recovery area,

3. Overseeing the recovery of jumpers,

4. Assisting in controlling the public.

(d) Registration Clerk. The owner or jump master shall designate a registration clerk at each bungy site with at least the following duties:

1. Registering the jumper,

2. Providing all notices and warnings to potential jumper as required under Chapter 616, F.S., and this rule,

3. Weighing and marking of weight on the jumper,

4. Controlling movement of jumpers to jump platform,

5. Assisting in controlling the public,

6. Handling the payment process.

(e) The owner shall provide and maintain an operating team for each bungy jump operation. Each operating team shall have a minimum of 4 staff members, one of whom must be a jump master.

(31) Injury, Damage, and Incident Events.

(a) If an accident involving a bungy jump results in death or serious injury, the owner shall immediately report the accident to the Department and close the bungy jump operation until further authorization is received from the Department.

(b) All accidents relating to a bungy jump operation shall be reported to the Department within 24 hours.

(c) Owners shall record all injuries, damage or near-miss events in a daily log.

(32) Work Periods. It is the owner’s responsibility to ensure that staff shall take regular breaks to ensure that fatigue does not downgrade their ability to operate an incident free operation. If continuous operation is planned, then backup staff shall be available to allow adequate breaks to take place.

(33) Jumper Restrictions. The owner shall comply with the following jumper restrictions:

(a) The minimum age for jumping shall be 12 years. The owner shall secure the consent of a parent or guardian for any jumper who is under the age of 18. The parent or guardian shall be at least 18 years old and shall sign an authorization stating he or she is the jumper’s parent or guardian and is consenting to the bungy jump. In addition, the parent or guardian shall be present at the bungy site during the jump. The authorization shall be executed at the bungy site in the presence of bungy staff. The authorization shall be permanently retained by the owner with the daily log.

(b) The owner shall disclose to each jumper all medical conditions which may be adversely affected by jumping. The owner shall disclose at a minimum the following medical conditions:

1. Pregnancy,

2. High blood pressure,

3. Heart conditions,

4. Neurological disorders,

5. Epilepsy.

(c) Any jumper who, in the opinion of the bungy staff, represents a danger to himself or others, shall not be allowed onto the platform or to jump.

(d) Jumpers in an intoxicated state shall not be allowed to jump.

(34) Signs. The owner shall provide for the following signs at each bungy jump site:

(a) A sign shall be erected reflecting the following information:

1. A warning that bungy jumping may be a dangerous activity and may result in serious injury or death to the jumper,

2. A warning that injuries and death have occurred relating to bungy jumping activities,

3. A statement in bold capital letters that the Florida Department of Agriculture and Consumer Services does not endorse this activity and does not guarantee or warrant the safety of bungy jumping; and,

4. The medical, weight, and age restrictions for jumpers.

(b) The following sign shall be erected and maintained at each bungy site:

(c) The owner shall maintain and position signs with the information required in paragraphs (a) and (b), at the bungy jump entrance and at the preparation area.

(d) Separate signs shall be erected which identify the color codes of the bungy cords for the corresponding weight classes, in accordance with the color code set forth in the operating manual. The owner shall maintain and position a sign reflecting this information at each weighing area.

(e) All signs required under this section shall be in bold type and conspicuous lettering of sufficient dimensions to accommodate the language required herein except that the word “Warning” shall be in lettering at least 2'' inches in height.

(35) Operating Manual and Documentation. The owner shall provide and maintain an operating manual at each bungy site in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C., and the following requirements:

(a) For each bungy site, there shall be an operating manual which describes the system of operation to be used and which addresses, but is not limited to, the following elements:

1. A site plan showing a plan view of the site with all components in place including fencing, site furniture and equipment, the jump zone, safety space, jump area and jump direction defined,

2. A site plan showing a profile of the site defining the jump platform and its supporting structure, the jump area, the jump zone, and the safety space,

3. A complete description of all components in the rigging system which shall include manufacturers' specification or a laboratory test certificate of each component,

4. A complete description of all bungy staff, jumper and passenger safety equipment with instructions for proper usage,

5. A complete description of all rescue equipment,

6. A complete job description of all personnel employed on the site with the minimum qualifications of each person and complete detail of work periods required,

7. A complete description of emergency procedures to be taken in all possible scenarios which may occur,

8. A complete description of standard operating procedures of every person employed in the processing of the bungy jumper,

9. A complete description of the reporting to authorities of incidents resulting in injury or death,

10. A complete description of the reporting procedure for any incidents which do not result in injury but which were not in accordance with normal operational procedures,

11. A complete description of equipment inspection procedures and the recording of those inspections,

12. A complete description of the method of recording verified qualifications of jump masters employed on the site,

13. A complete description of the method of recording verified qualifications of jump masters employed on the site,

14. A complete description of staff selection procedures,

15. A complete description of the criteria for the periodic replacement of rigging, hardware, bungy cords, harnesses and lifelines.

(b) The owner and each member of the operating staff shall have a thorough knowledge of the operating manual.

(c) Noncompliance with any of the criteria or procedures contained in the operating manual is a violation of this rule, and subject to the penalties as provided by law.

(d) A copy of the operating manual shall be maintained at all times on the bungy site during operating hours.

(36) Daily Operating Procedures.

(a) The owner shall provide and maintain a written check list for the daily operating procedures which shall include at least the following:

1. Setting up the site equipment and public amenities,

2. Inspecting and testing of all equipment before beginning operations,

3. Inspecting and testing of protective equipment including gloves, harnesses and life lines,

4. Inspecting and testing the communication system for proper operation,

5. Inspecting and testing of the jump equipment and rigging,

6. Review of the jump procedures with all bungy staff,

7. Review of all emergency procedures with all bungy staff,

8. Conducting test jumps with appropriate weights on all bungy cords to be used that day,

9. Designating the jump master who is in charge of the entire operation that day.

(b) The procedures outlined above shall be performed each day prior to beginning bungy jump operations.

(c) Failure to complete each daily operating procedure outlined herein shall constitute a violation of this rule.

(37) Jump Procedures.

(a) The owner shall provide and maintain written jump procedures which shall include at least the following procedures:

1. Exclusion of all unauthorized persons from the operating areas,

2. Registration of jumpers to include:

a. Name,

b. Age,

c. Weight and marking. The owner shall ensure that 2 separate weighings on 2 separate scales by 2 different staff members are conducted on each jumper,

3. Jumper briefing,

4. Removal of loose objects from the jumper,

5. Preparation of the jumper which shall include:

a. Harness or binding attachment,

b. Instructions to the jumper,

c. Selection and adjustment of the bungy cord,

d. Connection of the jumper to the rigging,

e. Re-check of all connections and harness attachments,

f. Final Inspection by jump master,

g. Final instructions to the jumper,

h. Countdown to jump,

i. Observation of jump,

6. Landing and recovery of jumper,

7. Off-loading of jumper,

8. Return of jumper to the public area,

9. Retrieval of the bungy to the platform.

(b) There shall be a written pre-jump checklist for each jumper for the procedures contained in subparagraphs 3., 4., sub-subparagraphs 5.a.-h., of paragraph (37)(a). The pre-jump checklist shall contain the jumper’s name and the jump master shall sign and date the checklist certifying all procedures were performed. The pre-jump checklist shall be permanently maintained as part of the daily log.

(c) The procedures outlined herein shall be performed for each bungy jump.

(d) Failure to complete each procedure outlined herein shall constitute a violation of this rule.

(38) Close Down Procedures.

(a) The owner shall provide and maintain a written check list for the close down procedures which shall include at least the following:

1. Equipment cleaning and inspection,

2. Completion of written records as required under chapter 616, F.S., and this rule,

3. The necessary daily maintenance of equipment, structures and facilities,

4. The storage of equipment,

5. The disposal of rubbish,

6. Security checks and lock up,

7. De-briefing of staff on critical incidents and events occurring that day; equipment, rigging and bungy changes required before the next day’s operations start; and maintenance work not completed but required before the next day’s operations.

(b) The procedures outlined herein shall be performed for each bungy jump.

(c) Failure to complete each procedure outlined herein shall constitute a violation of this rule.

(39) Logging of Daily Activities.

(a) The owner shall maintain a permanent log of the following daily activities for each bungy site:

1. Confirmation that daily operating procedures were preformed and compilation of the corresponding checklist,

2. Compilation of the checklists on jump procedures,

3. Confirmation that the close down procedures were performed and compilation of the corresponding checklist,

4. The number of jumps made on each bungy cord. This shall be done by referencing the permanent identification number of each cord used,

5. Compilation of the information required in paragraphs (15)(g) and (h) of this rule. The log shall contain notation as to whether each bungy cord should or should not be withdrawn from use because of each factor listed in paragraphs (15)(g) and (h).

(b) The daily log shall be signed by the jump master who is in charge of the daily operation.

(c) The owner shall maintain a separate bungy cord log which shall contain for each bungy cord in the possession of the owner the following information:

1. The expiration date of the life of the cord or its materials, whichever is shorter.

2. Lot number and date of manufacture of all materials which are a component of the bungy cord.

3. Date of manufacture of the bungy cord.

(d) The owner shall also retain for the useful life of each cord and for a period of one year thereafter all invoices, bills of sale, checks for payment and other documents which indicate the purchase, sale, testing, and manufacturing of any bungy cord or any component materials used to manufacture a bungy cord.

(e) Owners shall obtain from the manufacturer of any materials to be used for the manufacture of bungy cords the lot number and date of manufacture of the materials in writing. Such documentation shall be maintained by the owner for the useful life of each cord and for a period of one year thereafter.

(f) Failure to comply with this section shall constitute a violation of this rule.

(40) Emergency Procedures. The owner shall provide and maintain emergency procedures for each bungy site that meet at least the following:

(a) Each site shall have an emergency plan.

(b) First Aid Kit. A medium first aid kit, stretcher, back board and blankets shall be held on site.

(c) First Aid Certificate Jump Master. All jump masters shall have current first aid certificates and shall complete an annual refresher course.

(d) Rescue Courses. The operating manual shall specify the rescue training and qualifications required for all staff on the site.

(e) Lighting. Adequate Lighting shall be provided at all jump sites that operate after sunset. The lighting system shall illuminate the jump point, the jump space and the landing area. There shall be an emergency lighting system having its own power source.

(41) Noncompliance. Any bungy jump operation that is not in compliance with Chapter 616, F.S., or this rule is subject to penalties as provided therein. In the event a bungy jump operation is closed by the Department, the bungy jump shall remain closed until written authorization is issued by the Department.

(42) The owner shall not use the name of, or reference to, the Department in any advertisements, brochures, commercials, TV or radio show, newspaper, or in any other public manner by the owner, for the purpose of promoting a bungy jump operation.

(43) Engineer Certification.

(a) Prior to conducting bungy jump operations in this state, the owner shall provide to the Department an affidavit, or affidavits, executed by a professional engineer, or professional engineers, containing the following information:

1. The engineer certifies the crane or structure for use in bungy jump operations.

2. The engineer certifies all safety equipment, including harnesses, connecting straps, safety lines, attachments, karabiners, etc., for use in bungy jump operations.

3. The engineer certifies that the bungy cords to be used in the bungy jump operation, as well as the manufacturing process for the bungy cords, including quality control methods, have been personally examined and reviewed and that the engineer found all types of bungy cords and the manufacturing process to conform in all applicable respects to Section 616.242, F.S., this rule chapter, and ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C. The engineer shall further certify that the bungy cords tested and certified pursuant to subsection (4) of this rule, were manufactured by the same manufacturing process as those cords which are to be used in the bungy jumping operations.

4. The engineer certifies the safety air bag for use in bungy jump operations.

5. The engineer certifies the rigging system for use in bungy jump operations.

6. The engineer certifies the jump space, jump zone and jump height are appropriate for the bungy jump operation.

7. The engineer has reviewed the daily operating procedures, jump procedures and close down procedures and certifies them as appropriate for the bungy jump operation.

8. The engineer certifies the bungy jump operation has been inspected and is in compliance with Chapter 616, F.S., ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C. and this rule.

9. The engineer certifies the bungy jump operation has undergone some form of nondestructive testing for metal fatigue recognized by the American Society for Non-Destructive Testing, in accordance with Section 616.242, F.S.

(44) Prohibited Activities. The practice of bungy catapulting or reverse bungy jumping is hereby prohibited in this state.

History

• Rulemaking Authority 616.165, 616.242(4)(c), (6) FS. Law Implemented 616.242 FS. History–New 11-11-92, Amended 6-13-93, 9-21-93, 2-23-94, 4-15-94, 7-5-94, 5-7-96, 2-14-99, 5-30-10, Formerly 5F-8.025, Amended 7-27-17, 5-2-19, 5-22-24.

Fla. Admin. Code R. 5J-18.050 Games

(1) Purpose. This rule specifies and gives guidance for minimum trade standards for the operation of games at public fairs and expositions.

(2) Definitions. The definitions in Sections 616.001 and 616.242, F.S., and Chapter 5J-18, F.A.C., and the following shall apply:

(a) “Agent” means any person who is employed by or otherwise acting on behalf of a concessionaire, whether or not paid in any manner, to work in any game at a public fair or exposition.

(b) “Concessionaire” means any person who owns, operates, or leases a game that has been authorized or permitted by the department.

(c) “Game” means a competitive task or contest in which there is a prize, awarded by skill, for consideration where the skill of the player is the predominant element in the selection of the winner.

(d) “Group games” are those games where the skill of one or more players is pitted against the skills of other players playing the same game simultaneously.

(e) “Person” means any individual, partnership, corporation or agent of the same, acting either individually, or as a group, in any manner covered by this rule.

(f) “Player” means any person who participates in a game.

(g) “Prize or Capital Prize” means any merchandise item won by a player of a game.

(3) General Regulations.

(a) No game shall be operated in a manner which presents a hazard to the safety of any person. No equipment shall be used which is not in good working condition.

(b) Every concessionaire shall be responsible for the actions of his employees or agents as they relate to the operation of the game.

(c) No concession purporting to operate a game may be operated or modified so as to constitute gambling or become a game of chance, in violation of Chapter 849, F.S.

(d) Games may only operate when in compliance with posted rules of play and this rule. All rules of play shall be posted on permanent signs and be readily visible to every player.

(e) No game shall be operated in which hidden numbers, colors, letters or other symbols, conversion charts, score cards, or punch boards are used.

(f) No game shall be operated which includes any mechanical, physical or other devices which directly or indirectly impedes, impairs or thwarts the skill of the player.

(g) No game shall be operated in which cash prizes are awarded.

(h) Concessionaires, their employees or agent shall not buy back for cash any prize from a player.

(i) A game may be played in such a manner that the player may accumulate up to three wins in order to trade up for a larger prize. Each level of prize shall be plainly marked as to the number of wins. A permanent sign shall give the formula for all prizes. The sign shall be readily visible to all players.

(j) Any prize, which a player may win, shall be displayed.

(k) Players shall pay for each game as they play. Players shall not play on credit.

(l) The game must be attainable and possible to perform under the posted rules from the playing position of the player.

(m) Only the authorized game can be conducted.

(n) In any game in which balls or other objects are rolled or slid on a platform of any kind, the platform shall be level laterally, unwarped, and have no obstruction of any kind between the player and the targets. Balls must be round, solid and firm.

(o) In any game in which rings are thrown over blocks or prizes, all rings must be round and unwarped, and the target must be vertically straight and horizontally level. No slanting blocks are permitted. A clearance of at least three-eights of an inch on one side measured from the inside of the ring to the block or target is required.

(p) In any game in which washers, disks, coins or tokens are thrown, the target must be level horizontally.

(q) All darts used in any game must be pointed, weighted, balanced, and have no frayed, broken, or missing fletching.

(r) In any game where an angle or other measurements is required, the operator shall have the necessary equipment at the game, to make the measurement.

(s) The following shall apply:

1. The operator of the game must keep in a conspicuous place a sign stating the cost of a play and an explanation of how the game is played. Lettering on signs shall be plain and not less than two inches in height. Signs or placards shall be permanent material.

2. Only the permitted game can be conducted or engaged in or at the amusement concession.

3. No prize shall be displayed or offered which cannot be won.

4. Cash prizes shall not be awarded and no prize can be repurchased.

5. The conductor of the game may exchange small merchandise prizes for a prize of greater value.

6. The game cannot be operated on a pyramid basis.

7. The game must be attainable and possible to perform under the rules stated from the playing position of the player.

8. The game must be conducted in a fair and honest manner.

9. No concealed numbers, conversion charts, score cards, or punchboards can be used to play the game.

(4) Authorized Games. The following games when operated in accordance with the operating standards and procedures prescribed by this rule may be exhibited at public fairs and expositions:

(a) Add-em-up dart game. This game shall be operated with no more than four darts. At least four major winning numbers, both high and low numbers, and colors shall appear per one hundred numbers or colors on boards. No squares shall be less than one square inch.

(b) Archery. The operator of an archery game must provide good top, side and back wall protection. The device shall be secured to the counter so as to make it impossible to shoot towards players or the midway.

(c) Bank-a-ball game. This game shall be operated with the following requirements: The game must be played with standard unaltered ball; foul lines will not be permitted on bank board; baskets must be uniform baskets or tubs, and stationary to frame; the angle of the bank board must be no greater than sixty degrees off plumb, away from the player; the operator must keep on location a tool to attest to and maintain this standard; the bank board shall not be variably dampened; the center of the basket must be positioned no further away from the player than the bottom edge of the bank board; and the bottom distance between the edge of the bank board and top of the basket shall be no greater than twenty-four inches.

(d) Basketball games. The basketball hoop or basket shall be ten feet high and have an inside diameter of eighteen inches. The distance of the backboard to the shooting line shall be 15' feet. Only a standard basketball may be used. Basketball hoops or baskets shall be securely attached to the backboard. All rims shall be circular and have an inside diameter of at least eighteen inches.

(e) Basketball-type games. When a basketball type hoop or basket is not placed ten feet high, not placed 15' feet from the shooting line, or does not have an inside diameter of 18'' inches, a sign declaring the nonregulation shall be readily visible to the patrons. When a nonregulation basketball or rim is used, a sign declaring the ball as nonregulation-size shall be readily visible to the patron. Letters on such signs shall be at least two inches high. Signs shall be made of permanent materials. The minimum difference between the inside diameter of the hoop and the ball shall be at least three and one-quarter inches. Rims shall be securely attached to the backboard. The game may not be called basketball.

(f) Beverage can or bean bag can game. This game shall be operated with either six or nine empty cans and may be played “all over” or “all off.” The platform shall be no greater than twenty-one inches in diameter or a twenty-one inch square with the height being no less than thirty inches and no higher than 52'' inches from the ground. Cans shall be placed no more than 3/8'' of an inch apart. Two beans bags, three inches by 3'' inches, with a minimum weight of 2 ounces shall be used. Cans shall have clearance of the can plus 3'' inches. A lip not to exceed 1/8'' of an inch will be permitted. Cans are to be stacked “4-3-2” or “3-2-1.” No obstructions or lip whatsoever shall be permitted around the base on which the cans sit if all targets must be knocked completely off the platform to win.

(g) Bowling alley. Automatic bowling alleys are authorized. Pins must be uniform. The board shall be level and not warped and have no obstructions. The ball shall be solid, firm and uniformly round at all times.

(h) Break balloon ball game. Balloons shall be stationery on the targets. Plastic, or cork balls shall not be used.

(i) Break balloon dart game. The object of the game is to break a specified number of balloons. The number of balloons to be broken to win a prize shall be permanently posted on the permanent sign. The target board playing area shall be at least fifty (50) percent covered with target balloons at all times. Balloons shall be uniform and fully inflated. All darts used in dart games, must be weighted, balanced, and have no frayed, broken, or missing fletching. Blunt darts shall not be used.

(j) Break the record, plate, bottle or similar type game. Targets shall be placed in a stationary rack 6' to 18' feet for short range games or more than 24' feet for long range games. A protective covering shall be provided on 3 sides and the top for public safety. A canvas drop shall be used. Balls must be inspected for embedded glass and any embedded glass removed before offered to the player. All targets shall be breakable. When the object of the game is to break 2 targets with one ball to win, the distance between the targets at any point shall not be greater than the diameter of the ball less 1/2'' an inch.

(k) Bumper car. Barriers or foul lines shall not be permitted. A starting line only shall be permitted. The car shall be completely released by the patron. The nails or poles on every ramp shall be uniform and placed uniformly into the ramp. A prize shall be given every time.

(l) Bushel basket game. Game shall be played with a ball the same size as a softball. Basket must be a standard bushel basket of four pecks having a height of at least twelve inches and a diameter of at least 18'' inches at the opening. Basket shall be at an angle of no greater than seventy degrees off plumb away from the player. The operators must keep on location a tool to attest to and maintain this standard. Distance of throw shall be no greater than 8' feet from toe line to the basket rim. Rim shots shall be allowed. Baskets shall be securely fastened to the backboard in a manner that they may be easily removed for inspection.

(m) Can shooting gallery. This game may be played with different size beverage cans. The beverage cans shall be empty and devoid of any matter. Prizes shall not be attached to the cans. In all cases, all of the cans must be able to be knocked over.

(n) Cane rack and ring the cane. Cane racks shall be at least 90 percent filled with canes at all times. Canes shall be arranged so that each and every cane can be ringed, including all canes with hooked handles. The clearance of the ring shall be such that there is not less than 3/8'' inch clearance measured from the inside of the ring to the head of the cane. The measurement shall be made with the ring held next to the head of the cane.

(o) Cat rack or punk rack. The rack may consist of one or more tiers. A front rail or molding may not extend over 1'' inch above the shelf on which the cats are placed. The front rail or molding may be padded to lessen the chance of rebound balls. Shelves shall be level. Cats shall not weigh more than two (2) pounds. The base of the cats shall be uniform and the cats shall be uniformly placed on their bases. Cats shall be uniformly placed on the shelf. A backdrop or backboard shall not interfere with a falling cat nor shall there be any other obstruction to hinder or prevent a cat from falling. Shelves may not hinder or prevent a cat from tilting, leaning, falling over or falling off a shelf. Not including the fur trim, cats shall not be placed further apart than the diameter of the ball used less one inch. Balls must be the size of standard baseballs or softballs and weigh not less than three ounces.

(p) Clown pop-em-in, stars, lion’s mouth, bungaloo board game or similar game. This game shall have at least 1/2'' inch clearance on one side of the ball. Targets shall not be over twelve (12') feet in distance from the barrier. Motion of the target will be permitted provided it is constant and not erratic.

(q) Cork shooting gallery. Only guns in good mechanical condition may be used. No chipped or crooked corks may be used. The shelves where targets are placed may not exceed the height of the target plus one (1') inch in width. No obstruction may interfere with the prize falling off a shelf. Prizes shall not be attached to the targets. No targets may be used which cork guns cannot shoot off the shelf. Games using wooden-type targets, shoot till you win games, games giving a prize every time and games with a limited number shots shall adhere to this rule.

(r) Dart suction cup game. This game shall have a minimum of 3/16'' of an inch clearance on all sides of the target after the cup is stuck to the target.

(s) Dip bowl or bowler roller game. The track shall be level side to side. All tracks at a concession shall be uniform.

(t) Dunking machine or similar game. Any ball used shall be capable of operating the machines.

(u) English pool. All balls shall be uniform in size and weight.

(v) Fish pond or catch the can game. Winning discs may be less magnetic and may be of a smaller size than losing discs. All winning discs must be able to be picked up from moving water. There shall be at least one winning disc for every twelve losing discs. Rules of play must be posted and must include the following or similar language: “Winning discs are less magnetic. Pick a winning and losing disc at the same time, and the game shall be played over.”

(w) Fishing pole or bottle set-up game. The playing surface on which bottles are placed must be at least 12 inches across and a minimum of 144'' square inches. Bottles must be placed in the center of the platform. The platform shall be off level by not more than twenty-five (25) degrees at all times. The rings shall have three eights inch clearance or more. The string shall not be more than 54'' long and not less than 36'' long. The pole shall not be longer than 36'' and shall not be shorter than 24''. The use of grease or wax on rings, platforms, or bottles is prohibited. The player may place the neck of the bottle in any direction.

(x) Football toss type game. Operators of this type of game, where a tire or hole is used as a target, shall provide standard footballs to be thrown. The clearance in the target shall be at least one inch measured from the largest part of the football or other object on one side. No obstruction may be permitted.

(y) Frog pond and chicken game. Water shall move slowly. No obstructions shall be within four feet above the circulating targets. All frogs, chickens, and catapults shall be uniform.

(z) Goblet Pitch game. Goblet glasses shall be aligned in straight rows on a five foot by eight foot table centered in the concession booth. Goblet glasses shall be painted different colors. A standard sized whiffle ball shall be tossed by the player, and the player shall be awarded a prize if the ball lands in a goblet glass that is any color other than white.

(aa) Guess weight, or age, game. Weight or age guessing must be by observation only. Scale dials must have clear figures and must be illuminated at all times so they can be read by the public. In guessing weight or age, the operator shall write their guess down and reveal it to at least one other patron or announce it publicly.

(bb) Gun ball shall be played with three cylinders of the same size, shape and weight. If targets are to be completely knocked off the playing surface, the playing surface shall have no lip. The playing surface must be marked or scribed to show placement of cylinders. All cylinders shall be placed on the same horizontal and vertical plane. The top cylinder must be centered evenly between the bottom cylinders.

(cc) High strikers. High strikers shall be in good condition at all times. The slides or wires shall be straight and free of any obstruction or controls. The slide board must be plumb at all times. All mallets shall be in good condition. There shall be a fence of sufficient strength not less than 36'' inches high around the striker to protect the public. The fence shall be constructed with openings that will not pass a rigid 4'' inch diameter sphere. Patrons shall not be permitted to swing the mallet unless both arms are used, however individuals with permanent arm disabilities may use one arm only. Where adjacent high strikers are located inside the same fence, only one player shall be permitted to play at a time.

(dd) Hoop-la games and ring the block game. These games shall have at least three-eights of an inch clearance on one side measured at the widest point. Blocks shall be flat, solid, and not more than four inches high, uncovered. No prize shall project over the block. Each block shall be placed on the table with sufficient clearance to permit any hoop to surround the block unobstructed by merchandise. All prizes displayed on blocks entitles the player to win all prizes on the blocks. Hoops shall be round and uniform in size.

(ee) Huckla buck kegs, milk can or similar games. A huckla buck keg, milk can or similar game must be set on a frame and kept level at all times. Each concessionaire must operate only when the number of bags indicated on the sign are present. The use of rubber or plastic balls are prohibited. The width of the opening of the bag in a huckla buck, milk can, or similar game shall be such that there shall be no less than three-quarters of an inch clearance on one side. There shall be at least a four foot clearance from any obstructions above or around the cans.

(ff) Long range, cork, bazooka or sling-shot galleries. The guns shall be attached to the counter in a manner to protect the public. All lead bullets shall be non-splatter type. Galleries shall have good side, top and back wall protection at all times to protect the public.

(gg) Milk bottle game. No bottle shall weigh over three pounds. All bottles shall be free from defects and each set shall be uniform in size and weight. The base on which the bottles sit shall be not less than eighteen inches from the ground. If the game is trailer-mounted, local boards and authorities shall determine the height of the base on which the game is set. The front barrier shall not be higher than the base on which the bottles sit. The base shall be at least 6' feet from the front barrier. A rim not to exceed 1/2'' inch will be permitted if operating the game “all over”. No obstructions whatsoever will be permitted around the base on which the bottles sit if operating the game so that the targets must be knocked off the base to win.

(hh) Mirror duck pond game. A prize shall be given every time. The water in the pool where the selection is to be made must move slowly and the object to be selected highly visible.

(ii) Ping pong ball fish bowl game. The fish bowls shall be not more than one inch apart in any direction except for the diagonal. The measurement shall be that at the location of the widest portion of the bowl in relationship to all adjacent bowls. The table or stand supporting the fish bowls shall not exceed 4' feet in height from the ground. The width of the opening of the fish bowl shall be such that there will not be less than one inch clearance on one side of the ball. Uniform ping pong balls and bowls shall be used.

(jj) Ping pong ball float pitch game. The flow of water shall be kept slow. No obstructions shall be within four feet above the circulating targets. Uniform ping pong balls shall be used.

(kk) Ping Pong Ball game. Standard ping pong balls and standard sixteen ounce plastic cups shall be used. Cups shall be placed in a pyramid shape and shall be securely attached to the table to ensure stability. From a distance of approximately four feet balls are tossed into the cups. The width of the opening of the cup shall be such that there will not be less than one inch clearance on one side of the ball. Uniform ping pong balls and cups shall be used. Prizes shall be awarded every time a ball lands in a cup and shall follow the standard trade up format for larger prizes.

(ll) Pitch till you win hoop-la game. Operators shall provide targets that are vertical and maintained in a level position at all times. No slanting blocks shall be permitted. All rings shall be round and unwarped and have a minimum of three-eights of an inch clearance on one side.

(mm) Pop bottle ball game, coke roll and tip’em over coke. Knock over two bottles or pins. Bottles shall be kept at least 12'' inches from any obstruction so bottles are free to fall over at all times. Bottles shall be placed side by side in an upright position, bottom down, on the supporting platform and shall be parallel with the front of the game. The ball shall be tossed underhand. A ball, approximately the same diameter as a baseball and weighing no less than one and one-half ounces, shall be used. One ball shall be used to play this game. If a player knocks both bottles over, the player wins. Boards shall not be waxed. Operators who desire to operate with four bottles and two balls may play in a similar fashion. The distance between two bottles must be less than the diameter of the ball thrown.

(nn) Poster joints, star joints, apple joints game. Boards shall be at least 75% covered at all times with targets. Board shall be made of material soft enough to be easily penetrated by darts thrown in a half-circle arc.

(oo) Race group games. The winner of the game shall be determined solely by the skill of the player. The operator may not control or select the position which wins. A player may play in any position the player selects. A prize shall be given at the end of every game.

(pp) Ring-bottle games. The table or stand supporting the bottles shall be at such height that the top of the bottles does not exceed 4' feet from ground level. No obstruction may be placed between, or around or above the bottles at any time. The clearance of the ring shall be such that there is not less than 3/16'' inch clearance measured from the inside of the ring to the neck of the bottle. Ring-bottle game shall be operated so as to be level at all times. The distance of all obstructions above or around all items to be ringed shall not be less than 4' feet. The use of grease or wax on rings, platforms, or bottles is prohibited.

(qq) Ring the pin game. Operators of this game shall arrange pins so they remain stationery at all times. Pins shall be so arranged that it is possible to ring each and every pin. The top row of pins shall not be higher than four feet above the ground. If the game is trailer mounted, local authorities shall determine the height of the base on which the game is set.

(rr) Ring the duck game. The clearance of the ring shall be not less than 3/8'' of an inch on one side measured at the widest point of the duck’s beak and head.

(ss) Roll-a-game. The board shall be rigidly mounted, level laterally and unwarped with no obstructions which could cause the ball to jump. The balls shall be solid, firm and uniformly round at all times. All slots or holes shall be in an even row at the back of the board and shall not be staggered. All slots or holes shall be colored or well numbered to show wins. All slots or holes shall be of the same width. The slope shall not exceed 1'' inch per foot of board length.

(tt) Rope ladder game – climb the ladder game. The operator shall hold the ladder until the patron is on the ladder. A safety chain shall be attached to the ladder at both ends, in addition to the existing chain or cable and ring, which act to hold the ladder in the event the single chain or cable or ring breaks. The ladder shall not hang loose but shall be taut. There shall be adequate padding on the deck.

(uu) Shoot out the dots game. The diameter of the dot shall not exceed the diameter of the bullet when it leaves the gun. All guns shall be secured so as to prevent them from being turned toward players or the midway. No gun may be used if the sights are missing or off center. Galleries shall have good top, back and side wall protection.

(vv) Shoot out the star game. All guns shall be secured so as to prevent them from being turned toward players or the midway. Targets are to be approximately 5' to 9' feet from the gun muzzle. Each load is to be at least one hundred shots. The targets shall be made of uniform materials. Each gun shall be capable of shooting out the star with the loaded shot. Galleries shall have good top, back, and side wall protection.

(ww) Shuffle boards or alleys. The slide board shall be level laterally and unwarped with no obstructions and be maintained smooth at all times. When numbers are used, they shall be plain and visible with no blank targets.

(xx) Side winder game. Control of the ball shall be only under the control of the player. The base shall be level side to side.

(yy) Skeeball game and mini skeeball game. The use of coin slots or aprons will be permitted. The operator shall reset the score by a reset device in full view of the patron when operating from an apron. Balls shall be solid, firm and round and not less than 3'' inches in diameter. The minimum clearance between the ball and the ring on all scoring areas shall be 1'' inch. The ball rolling alley surface shall be smooth. If any coins are lost due to mechanical failure of the machine, the coins will be replaced when reported to the owner. Mini skeeball shall use smaller balls than skeeball.

(zz) Skill pool game. Pool tables shall be level and when pegs are present they shall be so spaced that the total clearance is at least 1/4'' of an inch greater than the diameter of the ball.

(aaa) Speed ball game. The operator shall have a speed measuring device to determine the outcome of the game.

(bbb) Spot the spot or spot game. The circle shall be uniformly round. The plates shall be uniformly round. The concession shall have only one set of plates per position.

(ccc) Sweeper Game. Turntables are made of 1/4'' mirror measuring 16 1/4'' in diameter. Sweeper arms are 9'' in length and made of steel. Prize pucks are 1 1/2'' lengths with a diameter of 3/4'' to 1 1/2''. Only the patron can activate the sweeper arm by pushing the start button located in a wooden box.

(ddd) Two cups game. Each cork gun used shall have enough force to knock over two cups. At a maximum, cups can not be placed further apart than the smallest diameter of the cork. Only guns in good mechanical condition may be used. No obstruction may interfere with the cups falling over. Prizes shall not be attached to the cup. No chipped or crooked corks may be used.

(eee) Two pins roll down game. Pins shall be placed so that the distance between the pins does not exceed the diameter of the ball less 3/8'' of an inch. The board shall be rigidly mounted, level laterally and unwrap with no obstructions which could cause the ball to jump. The balls shall be solid, firm and uniformly round at all times. The slope shall not exceed one inch per foot of board length.

(fff) Wacky wire game. In the event of a mechanical or power failure, the game shall be played again at no additional charge.

(ggg) Washer or coin pitch games including pitch for glass. Each and every prize shall have a large enough opening and be so arranged that it can be won. When a target “choice” prize is used, it must be stated on a permanent sign how a “choice” prize is won. No obstruction shall be permitted within 4' feet above the highest target.

(hhh) Washer or coin spot pitch games. The boards on which spots are arranged shall be level and unwarped and shall not be greased, waxed or powdered. Spots, washers and coins shall be of contrasting colors. The diameter of each and every spot shall be at least 3/8'' of an inch greater than the diameter of the washer or coin used to play the game. The entire washer or coin shall be in the spot to “win.” When washers are used, only steel washers shall be used.

(iii) Such other games as may be approved by the department and issued a temporary authorization. Upon the written request of a manufacturer or an owner operator, the department shall issue a temporary authorization provided that the game complies with this rule.

1. The temporary authorization shall be good for 12 months from the date of the Department’s letter of authorization.

2. The manufacturer or owner operator shall supply to the department specifications, operational procedure and rules of play for the requested game prior to the department issuing a temporary authorization and prior to operating.

History

• Rulemaking Authority 616.241(10), 616.242(4) FS. Law Implemented 616.241(10) FS. History–New 5-8-94, Amended 2-14-99, 5-30-10, Formerly 5F-8.050, Amended 7-5-16.

Chapter 5J-20 LIQUEFIED PETROLEUM GAS INSPECTION

Fla. Admin. Code R. 5J-20.001 Definitions

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Amended 7-18-85, Formerly 4B-1.21, 4B-1.021, Amended 3-15-94, 7-20-95, 7-28-14, Formerly 5F-11.001, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.002 Standards of National Fire Protection Association Adopted

The standards of the National Fire Protection Association for the storage and handling of liquefied petroleum gases as published in NFPA 58, Liquefied Petroleum Gas Code, 2020 Edition, for gas appliances and gas piping as published in NFPA 54, National Fuel Gas Code, 2018 Edition, and for emergency power supply as published in NFPA 110, Standard for Emergency and Standby Power Systems, 2016 Edition, shall be the accepted standards for this state and are hereby adopted and incorporated by reference. The LP Gas Code Handbook, NFPA 58, 2020 Edition, and the National Fuel Gas Code Handbook, NFPA 54, 2018 Edition, are hereby adopted and incorporated by reference and shall be utilized by the department as a guide in interpreting the provisions of chapter 527, F.S. Reference to NFPA 58, NFPA 54, and NFPA 110 in these rules shall be to the most recent edition as adopted herein. “NFPA” is the recognized abbreviation for the National Fire Protection Association, Inc., and generally the abbreviation is used in these rules in identifying the publications of the association, which are copyrighted. It would be a violation of federal copyright law to post the materials incorporated in this rule on the Internet for public viewing. Accordingly, the public may obtain a copy of any NFPA publication by writing the association, whose address is: National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02269, or at http://www.nfpa.org. In addition, copies of the incorporated materials are available for viewing during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services offices located at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500.

History

• Rulemaking Authority 527.06, 570.07(23) FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.01, Amended 7-18-85, Formerly 4B-1.01, Amended 10-8-86, 2-6-90, 8-9-92, Formerly 4B-1.001, Amended 7-20-95, 7-23-97, 6-8-99, 5-23-00, 9-2-02, 1-29-06, 8-2-07, 5-28-08, 4-6-12, 12-9-14, Formerly 5F-11.002, Amended 5-25-15, 6-28-17, 7-10-19, 11-15-20.

Fla. Admin. Code R. 5J-20.004 Liquefied Petroleum Gas Forms

The following documents are hereby incorporated by reference and may be obtained from the Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500 or online as indicated.

(1) Pursuant to Section 527.02(3)(b), F.S., the following persons are eligible for a waiver of the initial registration fee: an honorably discharged veteran of the United States Armed Forces, the spouse or surviving spouse of such a veteran, a current member of the United States Armed Forces who has served on active duty, the spouse of such a member, the surviving spouse of a member if the member died while serving on active duty, or a business entity that has a majority ownership held by such a veteran or spouse or surviving spouse. Pursuant to Section 527.02(3)(c), F.S., the following persons are eligible for a waiver of the renewal registration fee: an active duty member of the United States Armed Forces or the spouse of such member, a member who served on active duty within the 2 years preceding the renewal date, an honorably discharged veteran of the United States Armed Forces who served on active duty within the 2 years preceding the renewal date, or the surviving spouse of a member if the member was serving on active duty at the time of death and died within the 2 years preceding the date of renewal. Persons seeking a fee waiver shall submit FDACS-10991, Military Fee Waiver Request, 10/18, incorporated by reference in Rule 5J-26.001, F.A.C., and provide all required documentation at the time the applicant submits a license application.

(2) FDACS-03578 LP Gas Category I Dealer License Application, 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10826.

(3) FDACS-03579 LP Gas Category II Dispenser License Application, 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10827.

(4) FDACS-03580 LP Gas Category III Cylinder Exchange Operator License Application, Rev. 09/20, http://www.flrules.org/Gateway/reference.asp?No=Ref-12283.

(5) FDACS-03581 LP Gas Category IV Dealer in Appliances and Equipment License Application, Rev. 09/20, http://www.flrules.org/Gateway/reference.asp?No=Ref-12284.

(6) FDACS-03582 LP Gas Category V Installer License Application, 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10830.

(7) FDACS-03583 LP Gas Category VI Miscellaneous Operator License Application, 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10831.

(8) FDACS-03584 LP Gas Qualifier and Master Qualifier Registration Application, Rev. 09/20, http://www.flrules.org/Gateway/reference.asp?No=Ref-12285.

(9) FDACS-03585 LP Gas Material Change and Duplicate Licenses Form, 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10833.

(10) FDACS-03586 LP Gas Continuing Education Course Approval Application, 05/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10834.

(11) FDACS-03587, LP Gas Indemnity Bond, 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref-10835.

(12) FDACS-03588, LP Gas Insurance Affidavit, Rev. 09/20, http://www.flrules.org/Gateway/reference.asp?No=Ref-12286.

(13) FDACS-03589, LP Gas Category I R.V. Dealer License Application 09/20, http://www.flrules.org/Gateway/reference.asp?No=Ref-12287.

(14) FDACS-03524, LP Gas Odorizers/Importers Quarterly Remittance Report, Rev. 10/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-10837.

History

• Rulemaking Authority 527.0201, 527.06, 527.23, 570.07(23) FS. Law Implemented 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11, 527.23 FS. History–New 6-8-88, Amended 2-5-91, 3-18-92, Formerly 4B-1.034, Amended 7-20-95, 6-8-99, 7-28-14, Formerly 5F-11.004, Amended 6-28-17, 6-27-18, 8-20-19, 11-15-20.

Fla. Admin. Code R. 5J-20.005 Lack of Trustworthiness

Grounds for a determination of a lack of “trustworthiness” pursuant to Section 527.02, F.S., as evidenced by an applicant or licensee shall be:

(1) Conviction of or pleading nolo contendere to a felony involving moral turpitude; or

(2) An established and repeated history of intentional non-compliance with applicable safety standards as set forth in Chapter 527, F.S., or duly adopted rules and regulations of the Department of Agriculture and Consumer Services.

PART II LICENSING

History

• Rulemaking Authority 527.02(1)(b), 527.06 FS. Law Implemented 527.02(1)(b), 527.06 FS. History–New 6-18-87, Formerly 4B-1.031, 5F-11.005.

Fla. Admin. Code R. 5J-20.011 Effect of Revocation or Suspension Upon Reapplication for Licensure

(1) A proper and duly-authorized order of revocation or suspension filed by the Commissioner of Agriculture against any individual or entity licensed pursuant to Chapter 527, F.S., may not be obviated or improperly evaded by changes of company name or by technical restructuring or changes of ownership which are merely superficial and cosmetic in nature and are made for the purpose of improperly evading a lawful revocation or suspension order issued in the interests of public safety.

(2) If the Bureau finds that such a sham restructuring of name or ownership has taken place or if the circumstances for which the previous license or certification was revoked or suspended still exist or are likely to recur, the Bureau shall deny the application for licensure or certification for such an applicant. The burden shall rest with the applicant to demonstrate that the ownership transaction in question was not accomplished for the purposes of improper evasion and that the conditions or circumstances which prompted the revocation or suspension do not presently exist and are not likely to recur.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.14 FS. History–New 8-5-85, Formerly 4B-1.24, 4B-1.024, 5F-11.011.

Fla. Admin. Code R. 5J-20.012 Installer Licenses

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.01(11), 527.02(2), 527.0201, 527.04 FS. History–New 8-31-93, Formerly 4B-1.036, Amended 9-2-02, 7-28-14, Formerly 5F-11.012, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.013 Minimum Storage as Relates to Liquefied Petroleum Gas

PART III CONTAINERS

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.11 FS. History–New 8-7-80, Formerly 4A-1.13, Amended 7-18-85, Formerly 4B-1.10, Amended 10-8-86, 2-6-90, Formerly 4B-1.010, Amended 7-20-95, 9-5-01, 7-28-14, Formerly 5F-11.013, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.021 Testing and Repairing Containers

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.06, 4B-1.06, 4B-1.006, 5F-11.021, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.022 Marking of Containers; Posting of Owner Contact Information at Dealer Locations

(1) All dealer-owned containers, aboveground or underground, installed at consumer locations shall be marked in a legible manner with the name and telephone number of the owner by decal, tag, stencil, or similar marking.

(2) Containers gained through acquisition shall be marked as soon as reasonably possible, but no later than 30 days after acquisition. The department shall grant an extension to the 30-day marking requirement, not to exceed 24 months from the date of acquisition, if:

(a) A written request is received by the department within 30 days after the acquisition;

(b) The request provides information demonstrating that, due to the number of newly-acquired containers, a good faith effort to mark them all within 30 days will fail; and

(c) The request indicates that containers affected by the extension are and will remain marked with an active emergency contact telephone number at all times.

(3) Containers at dealer locations (bulk plants and remote storage sites) are not required to be marked with the name and telephone number of the owner as long as this information is prominently posted at the dealer location by signage having easily-readable numbers and letters of at least 4 inches in height. If the signage is posted in an outdoor location, such as on a perimeter fence, it must be constructed of weatherproof material.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.16, 4B-1.12, 4B-1.012, Amended 3-15-94, 7-28-14, Formerly 5F-11.022, Amended 8-20-19.

Fla. Admin. Code R. 5J-20.023 Manufacturer’s Data Sheets Covering ASME Tanks

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.20, 4B-1.15, 4B-1.015, Amended 7-20-95, 4-30-96, Formerly 5F-11.023, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.025 Color Scheme for Piping Identification

(1) All bulk and Category II dispenser storage liquid liquefied petroleum gas valves and all piping, fittings and pipe coverings within 30 inches of such valves shall be painted red; and all bulk and Category II dispenser storage vapor liquefied petroleum gas valves and all piping, fittings and pipe coverings within 30 inches of such valves shall be painted yellow. Where the piping handles liquefied petroleum gas other than propane, the same color coding is to be used and each of the aforestated colors shall be striped with a white stripe – minimum 3/4 inches wide, maximum 1-1/2 inches wide with not more than 3 inches and not less than 2 inches separation between such stripes.

(2) Color used on the remainder of the liquid piping shall show contrast to red and shall not be yellow.

(3) Color used on the remainder of the vapor piping shall show contrast to yellow and shall not be red.

(4) In the absence of local coloring codes to the contrary, all water valves and all piping and fittings within 30 inches of such valves shall be colored blue. The remaining piping shall show contrast to blue and shall not be red or yellow.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.21, 4B-1.16, 4B-1.016, 5F-11.025, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.026 Unsafe Container or System

(1) Any system or container that fails to comply with Chapter 527, F.S., this rule chapter, and any standards incorporated by reference shall be designated unsafe by department staff by means of issuance of a FDACS-10988, Stop Use Order. Rev. 02/17, as incorporated by reference in Rule 5J-22.002, F.A.C., to the operator of the system or container.

(2) Containers or systems under stop use order shall not continue in service until all violations have been corrected and the Stop Use Order is removed by department staff by means of issuance of FDACS-03209, Release, Rev. 02/17, as incorporated by reference in Rule 5J-22.002, F.A.C.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.10 FS. History–New 3-15-94, Formerly 4B-1.037, Amended 7-20-95, 7-28-14, Formerly 5F-11.026, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.027 Approval of Liquefied Petroleum Gas Containers

Liquefied petroleum gas containers shall be considered approved when designed, fabricated, tested, and marked (or stamped) in accordance with the requirements of Section 5.2, NFPA 58. Liquefied petroleum gas containers offered for sale must meet the requirements of the code under which they were fabricated, the requirements of NFPA 58, Chapter 527, F.S., and this rule chapter when being sold for continued use with liquefied petroleum gas.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 6-5-97, Amended 1-29-06, 8-2-07, Formerly 5F-11.027.

Fla. Admin. Code R. 5J-20.028 Installation of Containers on Roofs of Buildings

Installation of containers on roofs of buildings as referenced in NFPA 58, Section 6.8.7, as incorporated by reference in Rule 5J-20.002, F.A.C., is prohibited.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.062 FS. History–New 6-8-99, Amended 5-23-00, 9-2-02, 1-29-06, Formerly 5F-11.028, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.029 Inspection of DOT Cylinders

PART IV TRANSPORTATION OF LP GAS

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 5-9-04, Amended 1-29-06, 7-28-14, Formerly 5F-11.029, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.033 Truck Safety; Regulations

(1) The provisions of Sections 316.302(1)-(4), F.S., relative to the safe operation of commercial motor vehicles, are hereby adopted by this section and incorporated herein by reference in their entirety, with the exception of 49 C.F.R. Part 173 C-F, H-O and Part 178-A-B, D-I, K as referenced in Section 316.302(1), F.S.

(2) A person who operates an LP gas commercial motor vehicle transporting LP gas solely within this state may, after 8 hours rest, be permitted to operate any 12 of the first 15 on-duty hours, but may not be permitted to operate an LP gas commercial motor vehicle after that until the requirement of another 8 hours rest has been fulfilled. Upon request of the Bureau of Standards or the Department of Transportation, LP gas motor carriers shall furnish time records or other written verification so that compliance with this section can be verified.

(3) A person under the age of 21 years may not operate an LP gas commercial motor vehicle.

(4) A driver operating a commercial motor vehicle solely within this state within a 200 air-mile radius of the location where the vehicle is based need not keep a record of duty report as required by 49 C.F.R. s. 395.8.

(5) The requirements of 49 C.F.R. Part 177.817 may be satisfied by keeping in the vehicle cab a permanent shipping paper identifying Hazardous Materials, Hazardous Class and the volume as one truck load. The shipping paper must be legible and readily available to the driver and emergency response personnel.

(6) Any agent of the Department of Transportation described in Section 316.545(9), F.S., or any member of the Florida Highway Patrol may enforce the provisions of this section.

(7) Except during loading and unloading, every liquid discharge valve on the cargo tank of a cargo truck, other than an engine fuel line valve, must be closed during transportation by use of a self-closing shut-off valve which operates mechanically, pneumatically, hydraulically, or by pressure differential.

(8) If the liquid self-closing cargo valve or the remote emergency actuator for the liquid cargo valve is not functioning properly as defined in NFPA 58, the vehicle must be taken out of service immediately.

History

• Rulemaking Authority 527.06, 570.07(23) FS. Law Implemented 527.06 FS. History–New 6-8-88, Formerly 4B-1.033, Amended 3-15-94, Formerly 5F-11.033, Amended 6-28-17.

Fla. Admin. Code R. 5J-20.034 Transportation of Liquefied Petroleum Gas by Pipeline

PART V INSTALLATIONS; GENERAL PROCEDURES

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06(3) FS. History–New 8-7-80, Formerly 4A-1.29, 4B-1.20, Amended 2-5-91, Formerly 4B-1.020, 5F-11.034, Repealed 8-9-23.

Fla. Admin. Code R. 5J-20.041 Underground Installations

(1) At intervals not to exceed 60 months, all licensed suppliers of LP gas shall perform bar probe leak surveys utilizing a combustible gas indicator (CGI) meter or equivalent testing procedures guaranteeing the same level of safety on all underground installations for which they are the supplier (including but not limited to all storage containers, integral valves, and piping up to the inlet side of the second stage regulator) and which installations serve the following categories of facilities:

(a) Places of public assembly;

(b) Group living facilities;

(c) Health care facilities;

(d) Detention and correction facilities; and

(e) Industrial or commercial facilities.

(2) Educational facilities shall be bar probe leak surveyed upon any change of gas supplier and at intervals not to exceed 60 months.

(3) The supplier shall maintain records of these surveys at their local office of distribution and shall properly date-tag each LP gas system so surveyed.

(4) All underground storage containers that are not included in the requirements pursuant to subsections (1) and (2) of this rule, shall be visually inspected at the time of each fuel delivery. Documentation of the visual inspection shall be maintained as prescribed in NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C.

(5) This rule shall not apply to those underground installations already subject to the provisions of Parts 191 and 192, Title 49 of the Code of Federal Regulations.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 8-9-92, Formerly 4B-1.027, Amended 11-6-95, 4-30-96, Formerly 5F-11.041, Amended 8-20-19.

Fla. Admin. Code R. 5J-20.042 Underground Tanks; Regulators

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, Formerly 4B-1.028, 5F-11.042, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.043 Out of Service Account Procedure

(1) All licensed suppliers of LP gas shall:

(a) Identify those accounts where stationary, company-owned tanks with a 100 gallon or more container capacity have been out of service for a period of 12 months, and within 60 days, provide for the safe removal of the container or containers, install a suitable mechanical device that prevents the system from being activated or have a pressure leak safety check pursuant to Annex C of NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C., performed every 12 months. The supplier shall provide reasonable notice to the customer prior to initiating such procedures. For underground containers, an abandonment procedure pursuant to section 6.8.6, NFPA 58 as incorporated by reference in Rule 5J-20.002, F.A.C., may be initiated in lieu of removal. The licensed supplier must obtain written approval of the property owner prior to abandoning the container on the property.

(b) In the event an account is reactivated, the supplier shall perform an appropriate pressure leak safety check. Each supplier shall maintain records of such inactive accounts suitable for inspection by the Department.

(2) All consumers, end users or owners of LP gas containers shall:

(a) Within 60 days initiate the safety procedures outlined in paragraph (1)(a), above, for any stationary LP gas tank with a 100 gallon or more container capacity which has not been in use for a period of 12 months.

(b) Alternatively, have a prescribed pressure leak safety check performed annually by licensed, qualified personnel.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 2-6-90, 8-9-92, Formerly 4B-1.029, Amended 4-30-96, 9-2-02, 1-29-06, Formerly 5F-11.043, Amended 6-27-18.

Fla. Admin. Code R. 5J-20.044 Out-of-gas, Leak Call, and Interrupted Service Procedure

(1) Prior to filling an LP gas container in an out-of-gas situation, a licensed LP gas dealer shall:

(a) Close all container valves.

(b) Physically check all appliances and appliance outlets to be certain they are closed and check for evidence of appliance changes and open or uncapped lines. If the customer is not present or appliances are inaccessible, close container(s) valves and provide adequate written notice to the customer of the work done. Written notice shall be deemed adequate when it includes the name and phone number of the servicing company, a description of the work performed, a description of any unsafe conditions found, a telephone contact for restoration of service, and a statement warning against reactivation of service by unauthorized persons.

(2) An LP gas serviceman may, subsequent to the filling of an LP gas container in an out-of-gas situation, perform the safety procedures required in subsection (1).

(3) If reason exists to suspect LP gas leakage, an LP gas license holder or its employee shall:

(a) Notify the user.

(b) Check for leakage by performing an appropriate leak test pursuant to Annex C of NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C.

(c) Make necessary repairs or leave the system in a safe condition.

(d) After repairs have been made, place the system back into service pursuant to Chapter 8, NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C.

(4) In instances involving the interruption of gas supply to a system, the following procedures shall be followed:

(a) Notify the user.

(b) If access is possible, put all appliances back in service, making certain all pilots are properly lighted.

(c) The LP gas license holder or its employee shall check for leakage of the affected areas of the system pursuant to Chapter 8, NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C.

(d) A leak test of the system as prescribed in Annex C of NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C., must be performed and the results documented prior to placing the system back into service.

(e) A leak test as prescribed in Annex C of NFPA 54 as incorporated by reference in Rule 5J-20.002, F.A.C., shall not be required where the LP gas license holder or its employee has caused the interruption of the gas supply to the system for the purpose of minor repairs to the system, and where the license holder or its employee remains on the system site and monitors the system during the service. However, the repairs shall be leak tested by means of combustible gas detector or a leak detector solution.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 2-6-90, 12-31-91, Formerly 4B-1.030, Amended 1-29-06, 7-28-14, Formerly 5F-11.044, Amended 6-27-18, 7-10-19.

Fla. Admin. Code R. 5J-20.045 Dispensing Units

(1) In addition to the requirements of NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C., all LP gas vehicle fuel dispensers and dispensing stations shall:

(a) Prominently post “No Smoking” signs on the visible or approachable sides and ends of the container.

(b) Prominently post “Flammable Gas” or “Propane” on the visible or approachable sides of the container.

(c) Prominently post proper filling instructions at the transfer location.

(2) Vehicle fuel dispensers or dispensing stations which have been inactive (out of service) for a period of six (6) months shall be made safe by evacuation of any remaining LP gas from the tank, reducing the tank pressure to vapor pressure and plugging all container openings.

(3) Vehicle fuel dispensers or dispensing stations which have been inactive (out of service) for a period of twelve (12) months shall be removed from the premises.

(4) The requirements for an actuated liquid withdrawal valve pursuant to Section 5.9.7 of NFPA 58 as incorporated by reference in Rule 5J-20.002, F.A.C., shall not apply to dispensing units when such units are equipped with a bottom outlet valve piped for liquid withdrawal or other method of liquid withdrawal that is permanently in place. In such cases, the actuated liquid withdrawal valve may be replaced with a valve approved pursuant to the requirements of NFPA 58.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 6-8-88, Formerly 4B-1.032, Amended 3-15-94, 7-20-95, 6-5-97, 9-2-02, 1-29-06, 7-28-14, Formerly 5F-11.045, Amended 6-27-18.

Fla. Admin. Code R. 5J-20.046 Introducing Gas into Containers for Transportation

No dealer or dispenser of liquefied petroleum gas shall introduce liquefied petroleum gas into any container if such is to be transported in or on any vehicle unless the provisions of NFPA No. 58, Chapter 9, as incorporated by reference in Rule 5J-20.002, F.A.C., are complied with. It shall be the responsibility of the dealer or dispenser to ensure that the transportation of any such container brought to his premises and while upon or about his premises complies with the above stated regulations subsequent to filling.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.15, Amended 7-18-85, Formerly 4B-1.11, Amended 10-8-86, 2-6-90, Formerly 4B-1.011, Amended 1-29-06, Formerly 5F-11.046, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.047 Connecting or Disconnecting Containers or Systems; Notice to Owner; Transportation

(1) No person, firm or corporation, other than the owner and those authorized by the owner, shall connect or disconnect any container, or system containing liquefied petroleum gas, except in an out-of-gas situation, unless due and sufficient notice has been given by any person, firm, or corporation to the owner of the container or system prior to disconnecting or connecting such container or system. Due and sufficient notice shall be received by the owner at least two (2) working days prior to installing the container or system of said person, firm, or corporation, and shall be evidenced by a signed receipt. Acceptable evidence of receipt of notification shall be a signed certified mail receipt, signed receipt of hand delivery, email delivery confirmation, or facsimile transmission receipt. If, after two working days, the container or system has not been disconnected by the owner, the said person, firm, or corporation, may then disconnect downstream of the system regulator or meter. It shall be mandatory that the person, firm, or corporation who so disconnects any such container, whether empty or full, upon the premises of a consumer, does so in a manner that renders the container tight with valves turned off, the container service valve plugged with brass or steel fittings, and all other container or system openings properly plugged. In addition, any container or system disconnected must be done so in a manner that is in compliance with the requirements of NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C. Notices of disconnect shall expire after 30 days. If the container or system is not disconnected prior to the expiration of the disconnect notice, a new notice of disconnect must be issued in compliance with the provisions of this rule.

(2) In an out-of-gas situation and upon receiving authorization from the end user or owner of the container or system, the person, firm, or corporation may disconnect the container or system downstream of the system regulator or meter. A person, firm, or corporation who disconnects any container or system shall notify the owner of the container or system within 24 hours. Acceptable evidence of receipt of notification shall be a signed certified mail receipt, signed receipt of hand delivery, email delivery confirmation, or facsimile transmission receipt.

(3) All disconnected container or systems must be timely removed from the premises of the consumer or end-user or must be timely and lawfully abandoned. Disconnected aboveground containers or systems and underground containers being stored above ground must be removed or lawfully abandoned within 5 days after disconnect. Disconnected underground containers or systems must be removed or lawfully abandoned within 30 days after disconnect. No person, firm or corporation, other than the owner and those authorized to do so, shall transport or carry by any means of conveyance whatsoever, any container containing liquefied petroleum gas, whether in the liquid or vapor state.

(4) Complaints from consumers, liquefied petroleum gas industry-members, agencies, or other entities concerning violations of this rule must be filed within 30 days of the violation's occurrence.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.07 FS. History–New 8-7-80, Formerly 4A-1.11, Amended 7-18-85, Formerly 4B-1.08, Amended 2-6-90, 2-5-91, Formerly 4B-1.008, Amended 7-28-14, Formerly 5F-11.047, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.048 Storage of Cylinders Awaiting Use, Resale, or Exchange

(1) All cylinders awaiting use, resale, or exchange at a location open to the public shall be stored in storage units meeting the requirements of Chapter 8, NFPA 58 as incorporated by reference in Rule 5J-20.002, F.A.C.

(2) The following signs shall be affixed to the front of the unit and all approachable sides: “Propane” or “Flammable Gas,” and “No Smoking” or the universally-recognized symbol for “no smoking.” Signs shall not be faded or unreadable.

(3) The servicing dealer’s name and emergency telephone number(s) shall be prominently posted on the front of the unit. For purposes of this rule, the “front” shall be the part of the unit most likely to be approached by the public.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06(2) FS. History–New 2-5-91, Formerly 4B-1.035, Amended 7-20-95, 7-28-14, Formerly 5F-11.048, Amended 6-27-18.

Fla. Admin. Code R. 5J-20.049 Use of Liquefied Petroleum Gas Limited

No person, firm, or corporation shall use liquefied petroleum gas as a source of pressure in lieu of compressed air in operating emergency shut off valves, spray guns and other similar equipment.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.04, Amended 7-18-85, Formerly 4B-1.04, Amended 2-15-94, Formerly 4B-1.004, 5F-11.049, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.050 Installation of Unvented Room Heaters

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 1-24-95, Amended 1-29-06, 8-2-07, Formerly 5F-11.050, Amended 6-27-18, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.051 Construction Notification

PART VI EXAMINATIONS, TRAINING AND CONTINUING EDUCATION

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 4-30-96, Formerly 5F-11.051, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.060 Documentation of Training, General

(1) Documentation of employee training, as required in NFPA 58, incorporated in Rule 5J-20.002, F.A.C., shall include the following:

(a) Employee’s name and signature;

(b) Employee’s primary job responsibilities and duties;

(c) Date of completed employee training;

(d) Description, copy or location of the materials used to conduct the training, including the topics covered by the training;

(e) Name, address and phone number of the person or organization conducting the training;

(f) Signature of employee supervisor or trainer verifying training and evaluation.

(2) Documentation shall be maintained at the employee’s place of business and shall be available for inspection by the department upon request.

History

• Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.060, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.061 Qualifier and Master Qualifier Examinations; Applicant Qualifications and Testing Requirements

(1) Applicants for examination for competency must submit FDACS-03584 LP Gas Qualifier and Master Qualifier Registration Application, Rev. 09/20, as incorporated by reference in Rule 5J-20.004, F.A.C., along with the required non-refundable examination fee set forth in Section 527.0201(1) or 527.0201(5)(a), F.S.

(2) Testing shall be administered either by the department or an agent authorized by the department.

(a) Testing Agents must maintain nationally recognized accreditation and offer testing services under contract with the department.

(b) Testing Agents may not be interested, directly or indirectly, in the sales or distribution of liquified petroleum gas regulated by this rule chapter.

(3) Testing Requirements – Areas of competency.

(a) Qualifiers:

1. All registrants for a Category I Qualifier designation shall be tested on the properties and characteristics, transportation, liquid transfer, service/installation, and bulk plant operation/distribution of liquefied petroleum gas as well as the LP gas laws, rules, and regulations as specified in Chapter 527, F.S. and this rule chapter.

2. All registrants for a Category I Qualifier ‒ R.V. designation shall be tested on the properties and characteristics, liquid transfer, R.V. appliance or sytstem service/installation, and the LP gas laws, rules, and regulations as specified in Chapter 527, F.S., and this rule chapter.

3. All registrants for a Category II Qualifier designation shall be tested on the properties and characteristics, inspection of cylinders/containers/valves, liquid transfer, transportation of cylinders/containers, and safety of liquefied petroleum gas as well as the LP gas laws, rules, and regulations specified in Chapter 527, F.S. and this rule chapter.

4. All registrants for a Category V qualifier designation shall be tested on the properties and characteristics, inspection of cylinders/containers/valves, liquid transfer, safety, service and installation of liquefied petroleum gas as well as the LP gas laws, rules, and regulations specified in Chapter 527, F.S. and this rule chapter.

(b) Master Qualifiers:

1. All registrants for a Category I Master Qualifier designation shall be tested on the properties and characteristics, transportation, liquid transfer, service/installation, and bulk plant operation/distribution of liquefied petroleum gas as well as the LP gas laws, rules, and regulations specified in Chapter 527, F.S. and this rule chapter.

2. All registrants for a Category I Master Qualifier ‒ R.V. designation shall be tested on the properties and characteristics, liquid transfer, R.V. LP gas service/installation, and the LP gas laws, rules, and regulations as specified in Chapter 527, F.S., and this rule chapter.

3. All registrants for a Category V Master Qualifier designation shall be tested on the properties and characteristics, inspection of cylinders/containers/valves, liquid transfer, safety, service and installation of liquefied petroleum gas as well as the LP gas laws, rules, and regulations specified in Chapter 527, F.S. and this rule chapter.

(4) All areas of competency as described in subsection (2) above shall be given equal weight during grading of the examination.

(5) As evidence of reasonable competency and qualification, Master Qualifier applicants must submit proof of professional certification in safety, installation, maintenance, service or repair of liquefied petroleum gas equipment, systems, or appliances by an LP gas industry manufacturer that proves the applicant has the knowledge, experience and skills to perform the required duties in the specific Master Qualifier area of competency or shall have a minimum of 3 year’s verifiable experience in the liquefied petroleum gas industry within the 10 years preceding submission of the application for Master Qualifier examination. Acceptable experience shall include work with a liquefied petroleum gas company where the applicant performed activities that fall within one or more of the following categories:

(a) Maintenance of gas facilities and equipment.

(b) Gas storage and distribution facility operations and safety.

(c) Gas transportation, delivery, product transfer.

(d) Gas tanks, cylinders and equipment.

(e) Gas liquid and vapor distribution systems and equipment.

(f) Gas equipment and appliance service, installation and repair.

History

• Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.061, Amended 6-27-18, 7-10-19, 11-15-20.

Fla. Admin. Code R. 5J-20.062 Approved Courses of Continuing Education

(1) Courses, which cover one or more of the following topics, shall be approved for continuing education credit for Category I, Category I-R.V., Category II and V Qualifiers and Category I, Category I-R.V., and Category V Master Qualifiers:

(a) Inspections and maintenance of LP gas facilities and equipment.

(b) State and federal LP gas laws, rules and regulations, codes and standards.

(c) Gas emergency procedures, fire protection, or risk management planning.

(d) Gas storage and distribution facility operations and safety.

(e) Gas transportation and delivery.

(f) Gas liquid transfer.

(g) Gas tanks, cylinders and equipment.

(h) Gas liquid and vapor distribution systems and equipment.

(i) Gas equipment and appliance service, installation and repair.

(2) Sixteen hours of continuing education during the three-year period must be attained in order for the Qualifier or Master Qualifier to renew certification. Continuing education credits will be granted on an hour-for-hour basis for up to four hours credit per class. For each 3 year period, a minimum of two hours shall be from paragraph (a), (b) or (c), in subsection (1), above.

(3) Continuing education classes provided by the employer shall be documented as outlined in Rule 5J-20.060, F.A.C., and records shall be maintained for a period of three years at the employee’s work location. These records shall be available for inspection by the department upon request.

(4) No more than two approved courses per topic as listed in subsection (1) shall be accepted in order to meet the 16 hour requirement.

(5) No more than four credit hours shall be accepted for safety related meetings that have not been approved pursuant to Rule 5J-20.063, F.A.C.

History

• Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.062, Amended 7-10-19, 11-15-20.

Fla. Admin. Code R. 5J-20.063 Approval of Outside Vendor Training Programs

(1) Outside vendors providing training to industry personnel for the purposes of continuing education credits shall submit FDACS-03586, LP Gas Continuing Education Course Approval Application, 05/19, as incorporated by reference in Rule 5J-20.004, F.A.C. for review and approval.

(2) Courses which fail to meet the criteria of Chapter 527, F.S., or this rule will not be approved by the department and shall not be eligible for continuing education credits.

(3) The outside vendor shall review the course content annually and immediately notify the department of any revisions to course materials or documents and shall provide copies of such revisions or documents to the department for review.

(4) The approval for such courses will expire five years from the approval date. Courses must be reapproved in order to be eligible for continuing education credits.

History

• Rulemaking Authority 527.0201, 527.055, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Formerly 5F-11.063, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.064 Renewal of Qualifier and Master Qualifier Certificates

In order to renew their qualification, all Qualifiers and Master Qualifiers shall submit a renewal fee, registration application and documentation of a minimum of 16 continuing education hours using FDACS-03584, LP Gas Qualifier and Master Qualifier Registration Application, 05/19, as incorporated by reference in Rule 5J-20.004, F.A.C.

History

• Rulemaking Authority 527.0201, 527.055, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.064, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.065 Re-examination Procedures

An applicant who fails any part of an examination is eligible to be re-examined on those parts failed. The applicant must submit FDACS-03584 LP Gas Qualifier and Master Qualifier Registration Application, 05/19, as incorporated by reference in Rule 5J-20.004, F.A.C., and the applicable non-refundable examination fee as set forth in either Sections 527.0201(1) or 527.0201(5)(a), F.S., for the type of examination being taken. Re-examinations must be completed within 90 calendar days of the original examination; however, no examinee is permitted to retake the failed examination more than two times within the 90-day period. If the applicant does not successfully complete and obtain a passing grade on the examination re-take within the 90-day period, the examinee shall be given a failing grade. After a 30-day period, the applicant must reapply to retake the entire examination.

History

• Rulemaking Authority 527.055, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.065, Amended 6-27-18, 7-10-19.

Fla. Admin. Code R. 5J-20.066 Reporting of Qualifier and Master Qualifier Vacancies

For purposes of Section 527.0201(6), F.S., vacancies in a Qualifier or Master Qualifier position resulting from the departure of the Qualifier or Master Qualifier shall be reported to the department in writing by the Qualifier or Master Qualifier and the licensed company no later than two working days following the day on which the Qualifier or Master Qualifier departed from, or was no longer working at or associated with, the licensed business location. Such notice shall be submitted to the Division of Consumer Services by mail to the Department of Agriculture and Consumer Services, 2005 Apalachee Parkway, Mail Stop R-2, Tallahassee, Florida 32399-6500, by email at CSCompliance@FDACS.gov, or by facsimile transmission at the following fax number: (850)410-3804. Qualifiers and Master Qualifiers transferring to another licensed business location shall notify the Division of Consumer Services of the transfer by submitting FDACS-03585, LP Gas Material Change and Duplicate Licenses Form, 05/19, as incorporated by reference in Rule 5J-20.004, F.A.C.

PART VII FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.0201(6), 527.055, 527.06 FS. History–New 7-28-14, Formerly 5F-11.066, Amended 6-27-18, 7-10-19.

Fla. Admin. Code R. 5J-20.070 Definitions

For the purposes of this part, the following definitions shall apply:

(1) Owner of propane at the time of import means the person holding legal title to odorized gas at the time of its import into the State of Florida.

(2) Owner of propane immediately prior to odorization means the person holding legal title to the propane before odorant has been added.

(3) Fiscal year shall be defined as the period beginning July 1 of each year and ending June 30 of the following year.

(4) Quarter as used in this part, shall mean one of four 3-month periods during the fiscal year, each ending on one of the following dates: September 30, December 31, March 31, and June 30.

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.23 FS. History–New 7-8-98, Formerly 5F-11.070.

Fla. Admin. Code R. 5J-20.071 Rate of Assessments; Effective Date

(1) There is hereby assessed to every producer or retail marketer engaged in the production or sale of propane gas in this state the amount of $.003 per gallon of odorized gas sold in Florida for consumption in Florida; and $.003 per gallon of odorized gas imported into the state for consumption in the state.

(2) The rate set forth above, shall take effect at the beginning of the first full quarter immediately following adoption of the rule fixing this amount and shall apply to all odorized propane gas subject to the assessment sold during that quarter and thereafter until changed.

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.23(9), (11), (12) FS. History–New 7-8-98, Amended 1-1-14, Formerly 5F-11.071, Amended 6-27-18.

Fla. Admin. Code R. 5J-20.072 Payment of Assessments

(1) Payment of the quarterly assessment shall be based on the odorized gallonage sold or imported into Florida during the quarter. Each producer or marketer shall certify to the department the volume of each load of propane gas sold or imported at the end of each quarter. The volume of propane gas sold for export outside the state shall also be certified to the department for audit purposes only. The amount of the quarterly assessment to be paid and certification of load volume shall be provided on FDACS-03524, LP Gas Odorizers/Importers Quarterly Remittance Report, Rev. 10/18, as incorporated by reference in Rule 5J-20.004, F.A.C.

(2) Assessment payments and the completed LP Gas Odorizers/Importers Quarterly Remittance Report must be received by the department no later than 45 calendar days after the end of each quarter.

(3) Failure to remit payment is a violation of Chapter 527, F.S., and subject to penalties provided therein in addition to payment of the assessment.

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.12, 527.13, 527.23(9), (12) FS. History–New 7-8-98, Amended 1-1-14, Formerly 5F-11.072, Amended 6-27-18, 7-10-19.

Fla. Admin. Code R. 5J-20.073 Payment Agreements; Purchaser Responsibilities

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.23(12) FS. History–New 7-8-98, Formerly 5F-11.073, Repealed 7-10-19.

Fla. Admin. Code R. 5J-20.074 Audits

(1) The department may initiate random audits of sales or purchase records of any person, firm, or corporation for the purposes of determining compliance with this chapter. The person, firm or corporation shall make available all papers, books, accounts, documents and other business records necessary to sufficiently document gallonage certified to the department.

(2) Fraudulent reporting of information is a violation of Chapter 527, F.S., and subject to penalties provided therein in addition to payment of the assessments due.

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.055(3) FS. History–New 7-8-98, Formerly 5F-11.074.

Fla. Admin. Code R. 5J-20.078 Inspection Identification Stickers

The department shall affix a decal to any container, storage unit, liquefied petroleum gas system, or liquefied petroleum gas equipment or device to indicate that it has been inspected pursuant to Section 527.061, F.S. The decal shall be affixed in a manner that ensures it can be easily read by the public, but shall not obstruct other information on the inspected item intended to provide important information to the public, such as the owner’s contact information or information regarding propane safety. Decals shall only be removed, replaced, or altered by department personnel.

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.061, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Formerly 5F-11.078, Amended 7-10-19.

Fla. Admin. Code R. 5J-20.080 Enforcement Actions and Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties and enforcement actions authorized under Sections 527.13 and 527.14, F.S. The purpose of the guidelines is to give notice of the range of penalties which will be imposed for a single violation within a three (3) year period. The three-year period shall be based on the date of the last enforcement action or administrative penalty imposed for the same violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Chapter 527, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, a stop use order, and/or a cease and desist order.

(3) Stop Use Orders. The department shall issue a FDACS-10988, Stop Use Order, Rev. 02/17, as incorporated by reference in Rule 5J-22.002, F.A.C., whenever necessary to effectuate the statutory duties of the department in the interests of public health, safety, and welfare and to promote public safety where the installation, operation, maintenance, or condition of a liquefied petroleum gas container or system, including a cylinder storage unit, fails to comply with the codes adopted in Rule 5J-20.002, F.A.C., or with any provision of Chapter 527, F.S., or this rule chapter.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule chapter; and

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 527, F.S., and this rule chapter. Aggravating factors, as defined in paragraph (5)(a) of this rule, shall warrant the adjustment of the fine upward from $500 to $1,000 per violation per aggravating factor and mitigating factors, as defined in paragraph (5)(b) of this rule, shall warrant the adjustment of the fine downward from $500 to $1,000 per violation per mitigating factor. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a Tier I violation or a Tier II violation as described in paragraphs 5J-20.080(7)(a) and (b), F.A.C.

(a) Aggravating Factors:

1. The violation caused, or has the potential to cause, serious injury to a person.

2. The violation endangered the public safety or welfare.

3. The violation occurred for more than 24 hours with the violator’s knowledge.

4. The violator impeded, or otherwise failed to cooperate with, the department’s inspection or investigation.

5. Previous disciplinary actions within the preceding three years against the violator involving any violation of Chapter 527, F.S. or rule Chapter 5J-20, F.A.C.

6. The violator’s prior knowledge of Chapter 527, F.S., and rule Chapter 5J-20, F.A.C.

7. The violation resulted from an intentional act.

8. The cost of the enforcement action.

9. The benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation, including, but not limited to, successful completion of training courses directly related to the offense committed.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Documented financial hardship.

4. Acts of God or nature that impaired the ability of the violator to comply with Chapter 527, F.S. or rule Chapter 5J-20, F.A.C.

5. The violator took affirmative or corrective action within twenty-four hours.

6. The disciplinary history contains no violations within the prior three years.

(6) Notice of noncompliance. Any department investigation or inspection that reveals minor violations of this rule chapter for which the department has reason to believe that the violator was unaware of the rule or unclear as to how to comply with it, will result in the issuance of a notice of noncompliance as the department’s first response to the violation. The following shall be considered minor violations for which a notice of noncompliance shall be issued for the first occurrence only:

(a) Lack of proper signage;

(b) Propane containers in need of paint;

(c) Minor corrosion issues; or

(d) Accumulation or storage of combustibles too close to a container.

(e) Conducting LP gas activities as defined in Section 527.01, F.S., under the Category IV, or Category VI, licensure categories, without a license, including while any licensure application is pending, where the unlicensed activity did not contribute to or cause an LP-gas related accident.

(f) Failure to mark dealer-owned containers in service in a legible manner with the name and phone number of the owner.

(g) Failure to maintain or make immediately available to the department upon request employee training records.

(7) Violations. For the purposes of imposing the penalties and enforcement actions provided for in Sections 527.13 and 527.14, F.S., violations shall be designated as either Tier I or Tier II.

(a) Tier I Violations. Tier I violations shall result in imposition of a fine of up to $1,000. The following violations shall be considered Tier I violations:

1. A subsequent violation of any of the violations enumerated in subsection (6), above, within a three-year period.

2. Failure to timely notify the department of a loss of Qualifier or Master Qualifier in violation of Section 527.0201, F.S.

3. Connecting or disconnecting a container or system without due and sufficient notice as required under Rule 5J-20.047, F.A.C.

4. Failure to timely remove or lawfully abandon a disconnected container or system from the premises of the consumer or end-user in accordance with Rule 5J-20.047, F.A.C.

5. Except as otherwise stated in paragraph (6)(e), above, conducting LP gas activities as defined in section 527.01, F.S., without a license, including while any licensure application is pending, or while the license is inoperative because of failure to renew, or conducting LP gas activities after the qualification status of the duly-designated Qualifier or Master Qualifier has expired, where the unlicensed activity did not contribute to or cause an LP-gas related accident.

6. Any violation involving LP gas found during a department accident investigation that contributed to the accident, but was not a direct cause of the accident, and resulted in the following:

a. Personal injury not requiring professional medical treatment; or

b. Property damage of $25,000 or less.

7. Conducting LP gas activities without insurance as required in Sections 527.02 and 527.04, F.S., including conducting LP gas activities after insurance coverage has expired or has been cancelled.

8. Failure to correct non-hazardous law, rule, or code deficiencies identified in a Notice of Non-Compliance, within the time period specified.

9. Falsification of records relating to application for, or renewal of, Qualifier or Master Qualifier status, including but not limited to misrepresentation of eligibility, of position within the licensed company, or place of full-time employment.

10. Failure to perform and/or document the following periodic testing required on propane cargo vehicles within the time frames as referenced in NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C.:

a. Annual external visual and leak test;

b. Cargo pressure test;

c. Monthly delivery hose inspection; or

d. Monthly emergency shut-off valve test.

11. Failure to provide local emergency response personnel with emergency contacts for after-hour emergencies, failure to post emergency numbers on the premises, or failure to relay messages on emergency answering services or machines within time frames as required by Section 527.065(3), F.S.

12. Failure to timely notify the department of any accident meeting the criteria of Section 527.065, F.S.

13. Selling, filling, refilling, delivering, or using an LP gas container for any gas or compound, or for any other purpose, without permission of the owner, in violation of Section 527.07, F.S.

14. Filling a cylinder with an expired requalification date, filling a “non-refillable” cylinder, filling a cylinder without conducting an appropriate visual inspection, or filling a cylinder that fails one or more of the visual inspection criteria in NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C.

15. Continuing a cylinder in service with an expired requalification date or that fails to meet any visual inspection criterion or any other provision regarding in-service use, including provisions governing transporting of cylinders, contained in NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C.

16. Conducting metered sales of LP gas without an active temperature compensating device as required by NIST Handbook 130, as incorporated by reference in Rule 5J-22.003, F.A.C.

17. Failure to document any procedure or activity required to be documented by NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C., or this rule chapter.

18. Failure to notify the department of the completion of corrections issued in a Notice of Noncompliance.

19. Falsification of records related to corrections ordered by the department on a Notice of Noncompliance.

(b) Tier II Violations. Tier II violations shall result in the imposition of an administrative fine of $1,000 up to $3,000, suspension or revocation of the license as prescribed in section 527.14, F.S., or any of the foregoing, as prescribed in Section 527.13, F.S. The following violations shall be considered Tier II violations:

1. Any violation involving LP gas found during a department accident investigation that contributed to the accident and resulted in property damage exceeding $25,000.

2. Any violation involving LP gas found during a department accident investigation, regardless of whether the violation was or was not a direct cause of the accident, that contributed to the accident and resulted in the following:

a. Loss of human life; or

b. Personal injury requiring professional medical treatment.

3. Any violation involving LP gas found during a department accident investigation that contributed to and was a direct cause of the accident, and that resulted in property damage exceeding $3,000.

4. Transportation of propane cylinders in violation of the requirements of NFPA 58, as incorporated by reference in Rule 5J-20.002, F.A.C.

5. Conducting LP gas activities without a license following issuance of written notice from the department regarding the lack of licensure, including licensure that has expired due to nonrenewal.

6. Conducting LP gas activities without insurance coverage following issuance of written notice from the department regarding the lack of insurance.

7. Failure to conduct a leak test in a new piping system, or in an out-of-gas or interrupted service situation, as required by NFPA 54, as incorporated by reference in Rule 5J-20.002, F.A.C.

8. Intentional alteration, modification, or disabling of any component in an LP gas system, including the container and its appurtenances, that renders the equipment out of compliance with Chapter 527, F.S., this rule chapter, or any applicable code adopted in Rule 5J-20.002, F.A.C., or renders it inoperable, or otherwise prevents it from functioning as intended by the equipment manufacturer.

9. Failure to install LP gas appliances, piping, or equipment in accordance with manufacturer’s instructions or applicable safety codes.

10. Failure to install, disconnect, and/or store LP gas containers in accordance with applicable rules and safety codes.

11. Failure to follow proper fill procedures, other than visual inspection requirements, including overfilling of propane containers.

12. Failure to respond to a verifiable leak call within twenty-four hours or failure to physically respond to an emergency within two (2) hours when contacted by an emergency response unit, as required by Sections 527.065(4) and 527.065(5), F.S.

13. Use or operation of equipment or systems, including transport vehicles.

14. Failing to correct within designated timeframe, any hazardous law, rule, or code deficiencies identified in a Notice of Noncompliance.

15. Operating LP gas equipment, including equipment transporting an LP gas container containing product, in a reckless manner.

History

• Rulemaking Authority 120.695, 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Formerly 5F-11.080, Amended 6-27-18, 8-20-19.

Fla. Admin. Code R. 5J-20.082 Resolution of Violations, Settlement, and Additional Enforcement Remedies

(1) Failure to respond to an administrative complaint shall result in the entry of a default Final Order against the violator or entity responsible for the violation. The department shall impose administrative fines in a default Final Order up to the maximum amount allowable under Section 527.13, F.S.

(2) A failure to comply with a Final Order of the department shall result in license revocation and additional enforcement as prescribed in Sections 527.09, 527.12 and 527.13, F.S.

History

• Rulemaking Authority 527.06, 570.07(23) FS. Law Implemented 527.06, 527.08, 527.09, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Formerly 5F-11.082, Amended 7-10-19.

Chapter 5J-21 MOTOR FUEL SPECIFICATIONS AND STANDARDS

Fla. Admin. Code R. 5J-21.001 Standards

(1) Gasoline (includes gasoline blended with oxygenates). The following specifications apply to gasoline sold or offered for sale in Florida. Specific variations or exemptions shall be considered by the Department of Agriculture and Consumer Services for gasoline designed for special equipment or service in accordance with Section 120.542, F.S., Variances and Waivers.

(a) Standards. All gasoline shall conform to the chemical and physical standards for gasoline as set forth in ASTM International Designation D4814-25 (Approved May 1, 2025), “Standard Specification for Automotive Spark-Ignition Engine Fuel”, with the following exceptions, providing that the base gasoline used under the exceptions conforms to the chemical and physical standards for gasoline as set forth in ASTM International Designation D4814-25 (Approved May 1, 2025), “Standard Specification for Automotive Spark-Ignition Engine Fuel” except where noted:

1. Vapor Pressure Class Requirements: Gasoline containing at least one (1) percent ethanol by volume shall be allowed a 1.0 psi increase to the applicable vapor pressure class maximum from September 16 through May 31 (not applicable for gasoline/ethanol blend tankage at refineries, importers, pipelines, and terminals for the month of May). From June 1 (May 1 for gasoline/ethanol blend tankage at refineries, importers, pipelines, and terminals) through September 15, gasoline blends containing ethanol shall conform to the vapor pressure class requirements and are entitled to the permissible increases provided by the Environmental Protection Agency (EPA) and outlined in ASTM International Designation D4814-25 (Approved May 1, 2025), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

2. If, prior to blending with ethanol, the base gasoline has either a maximum distillation temperature at the fifty volume percent evaporated distillation point of up to 10° F above the maximum or has a driveability index (DI) of up to 30 above the maximum, as stated for the proper distillation class in ASTM International Designation D4814-25 (Approved May 1, 2025), “Standard Specification for Automotive Spark-Ignition Engine Fuel”, or has both, the fuel may be sold, distributed or offered for sale or distribution provided that the department is contacted at (850)921-1545 prior to exercising this option and is provided with a documented company statement attesting to and demonstrating the following:

a. The affected fuel will only be sold, offered for sale, distributed or offered for distribution after blending with at least nine (9%) percent ethanol, by volume.

b. The base gasoline meets all other specifications for spark-ignition engine fuels as set forth in ASTM International Designation D4814-25 (Approved May 1, 2025), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

c. The fuel meets all specifications for gasoline as defined in this subsection after blending with at least nine (9%) percent ethanol, by volume.

d. The fuel will be tested by the owner after blending (hand blend samples are acceptable), but before selling, distributing, offering for sale or distribution, and it shall be demonstrated that the fuel meets all specifications for gasoline as defined in ASTM International Designation D4814-25 (Approved May 1, 2025), “Standard Specification for Automotive Spark-Ignition Engine Fuel”, which shall be displayed on a certificate of analysis or laboratory report. Such documentation must be made available to the department upon request.

e. The storage location(s) of the fuel intended to be blended under this provision.

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D4814-25 (Approved May 1, 2025), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

(c) No person shall sell or offer for sale gasoline in this state that does not comply with the following requirements:

1. The total ethanol content of gasoline shall not exceed fifteen percent (15%), by volume; or

2. The total methanol with co-solvents content of gasoline shall not exceed seven and one half percent (7.5%), where methanol does not exceed five percent (5%) and the co-solvents do not exceed two and one half percent (2.5%), by volume; or

3. The total methyl tertiary butyl ether (MTBE) content of gasoline shall not exceed two percent (2%), by volume; or

4. The total ethanol and methyl tertiary butyl ether (MTBE) content of gasoline shall not exceed fifteen percent (15%), by volume; or

5. The total butanol content of gasoline shall not exceed twelve and one half percent (12.5%), by volume.

(d) All gasoline sold or distributed at retail, or offered for sale or distribution at retail shall have an octane rating ((R+M)/2) of at least 87.

(e) All gasoline with an octane rating ((R+M)/2) of 87 or higher shall have a motor octane number (MON) of at least 82.

(2) Kerosene (Kerosine). The following specifications apply to kerosene No. 1-K and No. 2-K sold or offered for sale in Florida.

(a) Standards. All kerosene No. 1-K and No. 2-K shall conform to the chemical and physical standards for kerosene No. 1-K and No. 2-K as set forth in ASTM International Designation D3699-25 (approved May 1, 2025), “Standard Specification for Kerosine.”

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D3699-25 (approved May 1, 2025), “Standard Specification for Kerosine.”

(3) Diesel Fuels No. 1-D and No. 2-D. The following specifications apply to diesel fuels No. 1-D and No. 2-D sold or offered for sale in Florida.

(a) Standards. All diesel fuels No. 1-D and No. 2-D shall conform to the chemical and physical standards for diesel fuels No. 1-D and No. 2-D as set forth in ASTM International Designation D975-24a (approved August 1, 2024), “Standard Specification for Diesel Fuel.”

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D975-24a (approved August 1, 2024), “Standard Specification for Diesel Fuel.”

(4) Fuel Oils No. 1 and No. 2. The following specifications apply to fuel oils No. 1 and No. 2 sold or offered for sale in Florida.

(a) Standards. All fuel oils No. 1 and No. 2 shall conform to the chemical and physical standards for fuel oils No. 1 and No. 2 as set forth in ASTM International Designation D396-24 (approved May 1, 2024), “Standard Specification for Fuel Oils.”

(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D396-24 (approved May 1, 2024), “Standard Specification for Fuel Oils.”

(5) Alternative Fuels.

(a) Denatured Ethanol.

1. Standards. All denatured fuel ethanol shall conform to the chemical and physical standards for denatured fuel ethanol as set forth in the ASTM International Designation D4806-25 (approved April 1, 2025), “Standard Specification for Denatured Fuel Ethanol.”

2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D4806-25 (approved April 1, 2025), “Standard Specification for Denatured Fuel Ethanol.”

(b) Methanol Fuel Blends (51 to 85 volume percent methanol). The following specifications apply to Methanol Fuel Blends (51 to 85 volume percent methanol) sold or offered for sale in Florida.

1. Standards. All Methanol Fuel Blends (51 to 85 volume percent methanol) shall conform to the chemical and physical standards for Methanol Fuel Blends (51 to 85 Volume percent methanol) as set forth in the ASTM International Designation D5797-21 (approved October 1, 2021), “Standard Specification for Methanol Fuel Blends (M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines” and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5J-21.001(1), F.A.C.

2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D5797-21 (approved October 1, 2021), “Standard Specification for Methanol Fuel Blends (M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines.”

(c) Mixtures of Denatured Ethanol.

1. Ethanol Fuel Blends (51 to 83 volume percent ethanol). The following specifications apply to Ethanol Fuel Blends (51 to 83 volume percent ethanol) sold or offered for sale in Florida.

a. Standards. All Ethanol Fuel Blends (51 to 83 volume percent ethanol) shall conform to the chemical and physical standards for Ethanol Fuel Blends (51 to 83 volume percent ethanol) as set forth in the ASTM International Designation D5798-25 (approved June 15, 2025), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines” and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5J-21.001(1), F.A.C.

b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D5798-25 (approved June 15, 2025), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines.”

2. Mid-Level Ethanol Blends. The following specifications shall apply to automotive spark-ignition engine fuels with ethanol concentrations greater than that which is permitted in subsection 5J-21.001(1), F.A.C., and less than that which is permitted in subparagraph 5J-21.001(5)(c)1., F.A.C., sold or offered for sale in Florida.

a. Standards. All mid-level ethanol blends shall conform to the practices as set forth in the ASTM International Designation D7794-21 (approved April 1, 2021), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines” and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5J-21.001(1), F.A.C.

b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D7794-21 (approved April 1, 2021), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines.”

(d) Fuels, other than alcohol, derived from biological materials:

1. Biodiesel fuel blend stock (also referred to as biodiesel or B100) and B99 (99% biodiesel and 1% diesel fuel by volume). The following specifications apply to biodiesel and B99 sold or offered for sale in Florida.

a. Standards. Biodiesel and B99 shall meet the specifications set forth by ASTM International Designation D6751-24 (approved March 1, 2024), “Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels.”

b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D6751-24 (approved March 1, 2024), “Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels.”

2. Biodiesel blends (biodiesel blended with diesel fuel or fuel oil). The following specifications apply to biodiesel blends sold or offered for sale in Florida. Biodiesel blends cannot contain more than 20% biodiesel. B99 is not considered a blend for the purposes of this subparagraph.

a. Standards. Biodiesel blends containing diesel fuel and 6% or more biodiesel shall meet the specifications set forth by ASTM International Designation D7467-23 (approved October 1, 2023), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”

b. Standards. Biodiesel blends containing diesel fuel and less than 6% biodiesel shall meet the specifications set forth by ASTM International Designation D975-24a (approved August 1, 2024), “Standard Specification for Diesel Fuel.”

c. Standards. Biodiesel blends containing fuel oil shall meet the specifications set forth by ASTM International Designation D396-24 (approved May 1, 2024), “Standard Specification for Fuel Oils.”

d. Analysis. For purposes of inspection and testing biodiesel blends containing diesel fuel and 6% or more biodiesel, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D7467-23 (approved October 1, 2023), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”

e. Analysis. For purposes of inspection and testing biodiesel blends containing diesel fuel and less than 6% biodiesel, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D975-24a (approved August 1, 2024), “Standard Specification for Diesel Fuel.”

f. Analysis. For purposes of inspection and testing biodiesel blends containing fuel oil, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D396-24 (approved May 1, 2024), “Standard Specification for Fuel Oils.”

(e) Butanol.

1. Standards. All butanol shall conform to the chemical and physical standards for butanol as set forth in the ASTM International Designation D7862-21 (approved April 1, 2021), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”

2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D7862-21 (approved April 1, 2021), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”

(6) Water in Retail Storage Tanks.

(a) Water in retail storage tanks containing petroleum fuels, with the exception of products listed in paragraph (6)(b), enumerated in this rule shall not exceed one inch in depth when measured from the bottom of the tank.

(b) Water in retail storage tanks containing gasoline blended with 1% or more ethanol, by volume; Ethanol Fuel Blends; Methanol Fuel Blends; biodiesel; or biodiesel blends containing 1% or more biodiesel, by volume, shall not exceed one quarter inch in depth when measured from the bottom of the tank.

(7) Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG) Standards.

(a) The general codes for CNG and LNG as enumerated in the National Institute of Standards and Technology (NIST) Handbook 44, as incorporated by reference in Rule 5J-22.002, F.A.C.

(b) The Uniform Regulation for the Method of Sale of Commodities for CNG and LNG as enumerated in the National Institute of Standards and Technology (NIST) Handbook 130, as incorporated by reference in Rule 5J-22.003, F.A.C.

(8) In accordance with Section 525.035, F.S., any petroleum fuel that fails to meet applicable labeling requirements, as adopted in this rule chapter, shall be placed under Stop Sale Order by the department. The measuring devices of said product shall be sealed by the department prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department from the Stop Sale Order in accordance with Section 525.035, F.S.

(9) In accordance with Section 525.037, F.S., any petroleum fuel that fails to meet applicable standards, as adopted in this rule chapter, shall be placed under Stop Sale Order by the department, and the measuring devices of said petroleum fuel shall be sealed by the department, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department from the Stop Sale Order in accordance with Section 525.037, F.S.

(10) Materials. The following materials are hereby incorporated by reference. Copies of these publications may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or http://www.astm.org and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250, and at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500. Posting of the following materials on the internet for purposes of public examination would violate federal copyright law.

(a) ASTM International Designation D4814-25 (approved May 1, 2025), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”

(b) ASTM International Designation D3699-25 (approved May 1, 2025), “Standard Specification for Kerosine.”

(c) ASTM International Designation D975-24a (approved August 1, 2024), “Standard Specification for Diesel Fuel.”

(d) ASTM International Designation D396-24 (approved May 1, 2024), “Standard Specification for Fuel Oils.”

(e) ASTM International Designation D4806-25 (approved April 1, 2025), “Standard Specification for Denatured Fuel Ethanol.”

(f) ASTM International Designation D5798-25 (approved June 15, 2025), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines.”

(g) ASTM International Designation D5797-21 (approved October 1, 2021), “Standard Specification for Methanol Fuel Blends (M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines.”

(h) ASTM International Designation D6751-24 (approved March 1, 2024), “Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels.”

(i) ASTM International Designation D7467-23 (approved October 1, 2023), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”

(j) ASTM International Designation D7794-21 (approved April 1, 2021), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines.”

(k) ASTM International Designation D7862-21 (approved April 1, 2021), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.035, 525.037, 525.14 FS. History–New 1-15-68, Amended 7-1-71, 7-1-73, 12-1-73, 11-16-74, 2-13-80, 5-3-83, Formerly 5F-2.01, Amended 5-3-90, 8-13-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 4-18-05, 6-1-06, 5-6-08, 1-3-10, 4-3-14, 1-7-15, Formerly 5F-2.001, Amended 11-15-20, 9-2-24, 4-30-26.

Fla. Admin. Code R. 5J-21.002 Disposition of Below Standard Gasoline, Kerosene, Diesel Fuels No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels

(1) Gasoline. All gasoline found not meeting any standard adopted in this rule chapter, or by reason of containing water, sediment, or suspended matter, shall be withheld from sale to the public under the provisions of this section in accordance with the procedures in subsections 5J-21.001(8) and (9), F.A.C.

(2) Kerosene. All kerosene found not meeting any standard adopted in this rule chapter, or by reason of containing visually determinable water, sediment, or suspended matter, shall be withheld from sale to the public under the provisions of this section in accordance with the procedures in subsections 5J-21.001(8) and (9), F.A.C.

(3) Diesel Fuels No. 1-D and No. 2-D. All Diesel Fuel Oils No. 1-D and No. 2-D found not meeting any standard adopted in this rule chapter, or by reason of containing water, sediment, or suspended matter, shall be withheld from sale to the public under the provisions of this section in accordance with the procedures in subsections 5J-21.001(8) and (9), F.A.C.

(4) Fuel Oils No. 1 and No. 2. All Fuel Oils No. 1 and No. 2 found not meeting any standard adopted in this rule chapter, or by reason of containing water, sediment, or suspended matter, shall be withheld from sale to the public under the provisions of this section in accordance with the procedures in subsections 5J-21.001(8) and (9), F.A.C.

(5) Alternative Fuels. All alternative fuels found not meeting any standard adopted in this rule chapter, or by reason of containing water, sediment, or suspended matter, shall be withheld from sale to the public under the provisions of this section in accordance with the procedures in subsections 5J-21.001(8) and (9), F.A.C.

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.035, 525.037, 525.16 FS. History–New 7-1-71, Amended 7-1-73, Repromulgated 12-31-74, Amended 2-13-80, Formerly 5F-2.02, Amended 5-3-90, 8-13-92, 1-24-93, 11-29-94, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.002, Amended 11-15-20.

Fla. Admin. Code R. 5J-21.003 Labeling and Identification

(1) Every retail gasoline dispenser shall have the octane rating of the gasoline being sold therefrom conspicuously and firmly posted in a manner conforming with 16 CFR Part 306.12 (1-1-2023 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol Street N.W., Washington, D.C. 20401, at CFR-2023-title16-vol1-sec306-12.pdf (govinfo.gov), or at http://www.flrules.org/Gateway/reference.asp?No=Ref-16898.

(2) Every retail gasoline dispenser shall have the grade designation of the gasoline being sold therefrom conspicuously and firmly attached thereto. The octane rating of gasoline sold using the following grade designations must meet the minimum octane rating indicated:

Grade Designation

Minimum Octane Rating

Premium, Super, Supreme, High Test

91

Midgrade, Plus

89

Regular, Unleaded

87

(3) All racing gasoline or gasoline designed for special use that is kept, offered, or exposed for sale, or sold at retail that does not meet standards established in subsection 5J-21.001(1), F.A.C.:

(a) May not be advertised or represented, in writing or orally, to be suitable for use in ordinary motor vehicles or boat motors,

(b) Shall be accompanied by a conspicuous sign on the dispenser stating that the product does not meet gasoline specifications.

(4) Every retail kerosene dispenser or container-package of kerosene offered for sale at retail shall be conspicuously labeled “kerosene” immediately followed by the designation: 1-K or 2-K, whichever is applicable.

(5) Every retail diesel fuel dispenser shall be conspicuously labeled “diesel.” The label shall be placed on the vertical surface of each dispenser housing on each side that has measure and price meters. The label shall be on the upper two-thirds of the dispenser and clearly visible to anyone dispensing fuel from the dispenser.

(6)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 10% by volume of ethanol shall be identified as “contains 10% or less ethanol” or “contains 1-10% ethanol,” or other definitive equivalent statement declaring the presence of ethanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Gasoline kept, offered, or exposed for sale, or sold, at retail, containing specifically ten percent by volume of ethanol may be identified as “E10” and “contains ethanol” or other definitive equivalent statement declaring the presence of ethanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(b) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 5% by volume of methanol shall be identified as “contains 5% or less methanol” or “contains 1-5% methanol”, or other definitive equivalent statement declaring the presence of methanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(c) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing less than 1% ethanol by volume must be dispensed in a manner such that it is not exposed to or blended with any gasoline containing more than 1% ethanol by volume.

(d) Labels placed on any multi-product dispensers must be placed in a position and contain wording so as to clearly and conspicuously identify the presence of ethanol in all such products that contain ethanol. Such labels and placement must not be in such a manner that may suggest products not blended with ethanol contain ethanol. This may be accomplished by use of the words “all gasoline” on the label; specifically identify each product that contains ethanol through language or by arrangement of labels on the dispenser; or through other such clear and conspicuous means.

(7) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 15% ethanol or 5% methanol shall be identified by a name indicating the amount of ethanol, or methanol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing on the upper fifty percent of the dispenser front panel in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 CFR Part 306.12 (1-1-2023 Edition), as incorporated by reference in subsection (1) above.

(a) Ethanol mixed with gasoline and containing an ethanol content of 51%-83%, by volume, shall be identified as “51%-83% Ethanol” and “Use Only in Flex-Fuel Vehicles, May Harm Other Engines.”

(b) Methanol mixed with gasoline and containing a methanol content of nominally 51%-85%, by volume, shall be identified as “Methanol Flex Fuel, 51%-85%” and “Use Only in Flex-Fuel Vehicles.” Such fuels shall also contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows:

This product contains methanol and may not be suitable for use in all flex-fuel vehicles. Consult with your engine manufacturer or owner’s manual before use.

(c) Ethanol mixed with gasoline and containing an ethanol content greater than that which is permitted in subsection 5J-21.001(1), F.A.C., and less than that which is permitted in subparagraph 5J-21.001(5)(c)1., F.A.C., shall be identified as “XX% Ethanol” and “Use Only in Flex-Fuel Vehicles, May Harm Other Engines” where XX is the ethanol concentration in volume percent rounded to the nearest multiple of 10.

(8)(a) All biodiesel blends containing diesel fuel kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as “(BXX) Biodiesel Blend,” where XX represents the volume percent biodiesel in the biodiesel blend or “Biodiesel Blend Between 6% and 20%.” All biodiesel or B99 kept, offered, or exposed for sale, or sold, at retail shall be identified as “(BXX) Biodiesel,” where XX represents the volume percent biodiesel. Each dispenser shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(b) Every dispenser that dispenses biodiesel or B99 shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows:

This product contains biodiesel. Consult with your engine manufacturer or owner’s manual before using this product.

(9) All biodiesel blends containing fuel oil kept, offered, or exposed for sale, or sold, at retail that contain more than 5% biodiesel shall be identified as “Fuel Oil Containing Biodiesel (XX),” where XX represents the volume percent biodiesel in the biodiesel blend, and shall be labeled as such on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Every dispenser that dispenses a biodiesel blend containing fuel oil with a biodiesel percentage greater than 5% shall contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows:

This product contains biodiesel. Consult with your equipment or engine manufacturer or owner’s manual before using this product.

(10) All gasoline containing greater than ten percent ethanol by volume and up to and including fifteen percent ethanol by volume shall be labeled in accordance with 40 CFR 1090.1510 (7-1-2023 Edition), which is hereby incorporated by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol N.W., Washington, D.C. 20401, at CFR-2023-title40-vol37-sec1090-1510.pdf (govinfo.gov), or at http://www.flrules.org/Gateway/reference.asp?No=Ref-16899.

(11) Any other alternative fuel shall be labeled clearly and unambiguously on the vertical surface of each dispenser housing on each side that has measure and price meters with a sign clearly visible and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(12)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 12.5% by volume of butanol shall be identified as “contains 12.5% or less butanol” or “contains 1-12.5% butanol,” or other definitive equivalent statement declaring the presence of butanol on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).

(b) Labels placed on any multi-product dispensers must be placed in a position and contain wording so as to clearly and conspicuously identify the presence of butanol in all such products that contain butanol. Such labels and placement must not be in such a manner that may suggest products not blended with butanol contain butanol. This may be accomplished by use of the words “all gasoline” on the label; specifically identify each product that contains butanol through language or by arrangement of labels on the dispenser; or through other such clear and conspicuous means.

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.035, 525.037, 525.14 FS. History–New 12-31-74, Amended 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.003, Amended 11-15-20, 2-20-22, 9-2-24, Technical Change 1-26-26.

Fla. Admin. Code R. 5J-21.004 Motor Fuel Price Posting

(1) Any roadside or other sign, including, but not limited to, prices on poles, monument signs, canopies, ‘A-frame’ signs or other structures, that advertises or displays motor fuel prices and is not connected to a retail motor fuel dispenser as covered in Rule 5J-21.007, F.A.C. must display:

(a) The undiscounted price per gallon for any motor fuel product and applicable grade advertised or displayed on the sign; or

(b) The discounted price per gallon for any motor fuel product and applicable grade advertised or displayed on the sign along with the conditions under which the discount is available, including, but not limited to, “Cash,” “Cash Only,” or “Membership.” The discount conditions must be clearly presented on the sign in a font no less than one-half the size of the largest number posted on the sign and may not be abbreviated. The discount conditions must appear immediately next to, above or below the discounted price and with equal illumination as the discounted price.

(2) All motor fuel prices displayed on the sign must include all applicable taxes and fees.

(3) A business is not required to have a roadside sign nor advertise or display motor fuel prices for all products or grades stored or offered for sale at the retail station, except as required in Rule 5J-21.007, F.A.C.

(4) Failure to comply with the provisions of this rule constitutes a violation of Section 531.44, F.S.

History

• Rulemaking Authority 526.09, 531.41(3), 570.07(23) FS. Law Implemented 526.01, 531.44 FS. History‒New 5-25-15.

Fla. Admin. Code R. 5J-21.005 Inaccurate Measuring Devices

(1) For the purpose of Section 525.07, F.S., and this rule, the term “short measure” shall mean the overregistering of fuel by a petroleum fuel measuring device.

(2) If any petroleum fuel measuring device is found to be underregistering fuel in excess of the specifications and tolerances established by the department in Rule 5J-21.007, F.A.C., the inspector shall give in writing the operator or owner of the device up to seven days to fix or adjust the device.

(3) If any petroleum fuel measuring device is found to be overregistering fuel in excess of the specifications and tolerances established by the department in Rule 5J-21.007, F.A.C., the device shall be placed out-of-service by the department through issuance of a Stop Use Order, and prohibited from further use. Such measuring devices placed out-of-service for inaccuracy shall be rendered inoperative either by removal or by the locking of working parts with lead and wire seal and shall not be put back in service without reinspection or the written consent of the department.

(4) All persons and service agencies that repair or install petroleum fuel measuring devices must register with the department on FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, as incorporated by reference in Rule 5J-22.003, F.A.C. Any such registered person or service agency must immediately notify the department at (850)921-1545, or by email at Standards-Field@fdacs.gov, or by fax at (850)921-1548, after any repairs and/or adjustments to any petroleum measuring devices have been made. Failure of a registered meter mechanic or service agency to notify the department after any repairs and/or adjustments to any petroleum measuring devices that have been made as required is subject to administrative penalties as enumerated in Rule 5J-21.008, F.A.C. In order to make application for registration as an authorized meter mechanic you must:

(a) Maintain a test measure of appropriate size according to the National Institute of Standards and Technology (NIST) Handbook 44, as incorporated by reference in Rule 5J-22.002, F.A.C., that has been calibrated with standards traceable to NIST, pursuant to Section 525.07(9), F.S.

(b) Maintain a sealing iron bearing at least the registered mechanic’s name or initials that are on file with the Department. Use said sealing iron to imprint security seals each time a seal is required to be installed, replaced or affixed.

(c) Have proof of at least one year of experience working as a meter mechanic. If such applicant does not possess one year of experience working as a meter mechanic, the applicant may work for a service agency that repairs or installs petroleum fuel measuring devices that is currently registered with the Department.

(d) Annually apply in person at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399, or submit the following documents to the department via email at Standards-Field@fdacs.gov or by Fax (850-921-1548): FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, a current calibration report for the test measure(s) meeting the requirement listed in paragraph (4)(a) of this rule, a picture of the sealing iron bearing at least the registered mechanics name or initials, and proof of at least one year of experience working as a meter mechanic or proof of working for a service agency currently registered with the department that repairs or installs petroleum fuel measuring devices. The review of current rules and regulations is also required and shall be accomplished by viewing an online presentation found at https://www.fdacs.gov/Business-Services/Petroleum-Inspection. Information regarding the department-provided presentation may be obtained by contacting the department at (850)921-1545.

(5) Any measuring device that fails to meet applicable requirements, as adopted in this rule chapter, shall be placed out of service by the department through issuance of a Stop Use Order, prohibiting the use of the measuring device.

History

• Rulemaking Authority 525.14, 531.41, 570.07(23) FS. Law Implemented 525.07 FS. History–New 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.005, Amended 11-15-20, 2-20-22.

Fla. Admin. Code R. 5J-21.006 Inspection Identification Stickers

It shall be the duty of inspectors to affix a sticker to each petroleum measuring device, signifying that the device is inspected by the Department of Agriculture and Consumer Services and that the device owner is responsible for its proper use and maintenance. Stickers shall be placed at such a point upon measuring device where they may be easily read by the public but not at a point where they will interfere with other descriptive material on the device such as figures, lettering or words. It shall be a violation of this rule for any person, unless authorized by the Department, to remove, deface, conceal or in any way obliterate or change this official sticker after it has been affixed by an inspector.

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.07 FS. History–New 12-31-74, Formerly 5F-2.06, Amended 1-3-10, 1-7-15, Formerly 5F-2.006, Amended 11-15-20.

Fla. Admin. Code R. 5J-21.007 Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 Meter Sealing Requirements, and Other Related Requirements

(1) The general code and the codes of liquid-measuring devices, liquefied petroleum gas and anhydrous ammonia liquid-measuring devices, hydrocarbon gas vapor-measuring devices, vehicle-tank meters, and vehicle tanks used as measures relating to specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, contained in National Institute of Standards and Technology Handbook 44, are adopted and incorporated by reference in Rule 5J-22.002, F.A.C.

(2) All operating petroleum fuel measuring devices must be sealed with an appropriate security seal in such a manner that the metering adjustment cannot be changed without breaking the seal. An appropriate security seal is one which has been applied by the Department or a person who is registered with the Department as a meter mechanic and bears at least the name or initials of the registered meter mechanic.

(3) Any registered person, agency, or device owner that has installed or returned to service a petroleum fuel measuring device must report the existence or repair of the petroleum device to the department at (850)921-1545 or by fax at (850)921-1548, within twenty-four (24) hours after installation, but no sooner than 10 days prior to installation using FDACS-03017, Placed in Service Report, Rev. 05/17, as incorporated by reference in Rule 5J-22.003, F.A.C. Petroleum measuring devices placed into service or returned to service by unregistered persons and not in accordance with any exceptions provided by rule shall not be used in commerce.

(4) Each dispensing device from which diesel fuel is sold at retail shall be equipped with a nozzle spout that conforms to SAE International J285, APRIL2019, “Dispenser Nozzle Spouts for Liquid Fuels Intended for Use with Spark Ignition and Compression Ignition Engines,” and is hereby incorporated by reference. Copies of this publication may be obtained at http://standards.sae.org. This code is also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250, and the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of this material on the internet for purposes of public examination would violate federal copyright law.

(5) All retail motor fuel dispensers in operation at self-service facilities shall comply with the provisions of Section 526.141(5)(b), F.S.

(a) As used in Section 526.141(5)(b), F.S., the term “pump” means the face of a motor fuel dispenser or a stand-alone unit as described in paragraph (b) of this subsection.

(b) The term “affixed,” as used in Section 526.141(5)(b), F.S., means:

1. Directly attached to the pump on the upper fifty percent of the front panel in a position clear and conspicuous from the driver’s position; or

2. Directly attached to a stand-alone unit located no more than 36'' from either side of the motor fuel dispenser, at a height equivalent to the upper fifty percent of the motor fuel dispenser’s front panel, and in a position clear and conspicuous from the driver’s position. If a stand-alone unit is used, it must contain controls to communicate directly with the self-service facility’s staff.

History

• Rulemaking Authority 525.14, 526.09, 526.141(5)(b), 531.40, 531.41(3), 570.07(23) FS. Law Implemented 525.07, 526.141(5)(b), 531.40 FS. History–New 1-1-74, Amended 7-1-74, Repromulgated 12-31-74, Amended 4-18-75, 1-25-76, 1-17-77, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-2.14, Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.014, Amended 11-10-15, 11-15-20.

Fla. Admin. Code R. 5J-21.008 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Chapters 525 and 531, F.S. The purpose of the guidelines is to give notice of the range of penalties, which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. The guidelines in this rule are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will administratively enforce compliance with Chapters 525 and 531, F.S., and this rule chapter by issuing an administrative complaint, stop sale order, and/or notice of noncompliance for violations of Chapter 525 or 531, F.S., and this rule chapter.

(3) Nothing in this rule shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to, encompass all possible violations of the statutes or department rules that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapters 525 and 531, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors shall include:

1. The violation caused or has the potential to cause harm to a person or property and the degree or extent of such harm.

2. The violation endangered the public safety or welfare.

3. Previous enforcement actions for the same or a similar offense.

4. The violation history over the past three years.

5. The violation existed for more than one month.

6. The violation was repeated within one year.

7. The violator impeded, or otherwise failed to cooperate with the department’s inspection and/or investigation.

8. Previous disciplinary action against the violator in this or any other jurisdiction.

9. Failure to take or initiate affirmative or corrective action within 48 hours after receipt of the stop sale order or within the timeframe specified on a notice of non-compliance for the violation.

10. The violation resulted from an intentional act.

11. The need for repeated follow-up inspections without valid evidence of remedial action taken by the violator.

12. The number of other violations proven in the same proceeding.

13. The benefit to the violator.

(b) Mitigating Factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. The intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Documented financial hardship.

4. Acts of God or nature that impairs the ability of the violator to comply with Chapter 525 or 531, F.S. or this rule chapter.

5. The violator expeditiously took affirmative or corrective action after it received written notification of the violation, including costs incurred by the violator for rectifying any damage or harm to consumers’ vehicles and/or property.

6. The disciplinary history of the violator and with consideration of whether three years have passed since the previous violation.

7. A statement, in writing, provided to the department declaring clear and unequivocal acceptance of responsibility for a first violation within a three-year period.

(6) Penalties.

(a) Notice of Noncompliance. Any department investigation or inspection which reveals violations listed in this subsection of this rule in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a notice of noncompliance as the department’s first response to the violation. For the purposes of this rule, the following violations shall result in the issuance of a notice of noncompliance:

1. Violations to subsection 5J-21.007(1), F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

2. Violations to Rule 5J-22.003, F.A.C., pertaining to petroleum products and applications, where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

3. Misrepresentation of the price of petroleum fuel on a display, a violation of Section 531.44, F.S.

4. Violations of subsection 5J-21.005(2), F.A.C.

5. Violations of subsections 5J-21.007(3) or (4), F.A.C.

6. Violations of subsection 5J-21.001(6), F.A.C.

7. Gasoline blended with ethanol or butanol found to have an ethanol or butanol content of more than one (1.0%) percent by volume below the posted ethanol or butanol content displayed on the dispenser or gasoline found to have less than one (1.0%) percent by volume ethanol or butanol that is labeled as containing ethanol or butanol.

8. Diesel fuel blended with biodiesel found to have a biodiesel content of more than two (2.0%) percent by volume below the posted biodiesel content displayed on the dispenser.

9. A mid-level ethanol blend found to have an ethanol content of more than five (5.0%) percent by volume below the posted ethanol content displayed on the dispenser or found to have less than the amount of ethanol permitted under paragraph 5J-21.001(1)(c), F.A.C.

(b) Tier I Major Violations. A violation of Chapter 525 or 531, F.S., or this rule chapter is a Tier I violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Tier I violations shall result in the issuance of a Stop Sale Order or a Stop Use Order. Discovery of a repeat violation within a three-year period shall result in the imposition of an administrative fine not to exceed the statutory maximum set forth in Section 525.16, F.S. For the purposes of this rule, the following violations shall be considered Tier I violations:

1. Gasoline with an octane rating difference of more than one (1.0), but not more than two (2.0) below the octane rating ((R+M)/2) displayed on the dispenser.

2. Gasoline blended with ethanol up to 10%, by volume, or butanol up at 12.5%, by volume, found to have an ethanol or butanol content of more than one (1.0%) percent by volume, but not more than three (3.0%) percent by volume, above the posted ethanol or butanol content displayed on the dispenser.

3. Gasoline found not in compliance because of a silver corrosion rating of two (2) as incorporated through the adopted version of ASTM International Designation D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel” in paragraph 5J-21.001(10)(a), F.A.C.

4. Gasoline found not in compliance from June 1 through September 15 because of a vapor pressure of up to and including 11.0 psi as incorporated through the adopted version of ASTM International Designation D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel” in paragraph 5J-21.001(10)(a), F.A.C.

5. Kerosene found not in compliance by reason of color.

6. Diesel fuel No. 2-D found not in compliance with the flash point standard, but above 100 °F.

7. Diesel fuels No. 1-D and No. 2-D found not in compliance with the ultra-low (S15) sulfur standard, but equal to or below 35 ppm sulfur.

8. A biodiesel blend found to have a biodiesel content of more than two (2.0%) percent by volume, but not more than five (5.0%) percent by volume, above the posted biodiesel content displayed on the dispenser.

9. A biodiesel blend (with No. 2-D diesel fuel) found not in compliance with the flash point standard, but above 100 °F.

10. Biodiesel and biodiesel blends found not in compliance with the ultra-low (S15) sulfur standard, but equal to or below 35 ppm sulfur.

11. Violations of paragraph 5J-21.003(6)(d), F.A.C.

12. The following violations shall result in the removal of affected equipment from service.

a. Indicator inoperable or unreadable.

b. Indicator advancing when the device is activated.

c. Air eliminator missing or inoperable.

d. Inoperative interlock.

e. Indicator movement without nozzle activation.

f. Meter over-registering more than six cubic inches.

g. Incorrect indicator.

h. Operating a meter without an appropriate security seal or improperly sealed.

i. Leaking swivel.

j. Exposed electrical wires.

k. Leaking filter.

l. Leaking impact valves.

m. Leaking vapor pump.

n. Leaking nozzle.

o. Impact valve inoperable.

p. Leaking meter.

q. Incorrect dispenser type for product being dispensed.

r. Leaking dispenser hose.

s. Violations of subsection 5J-21.005(3), F.A.C.

t. Violations of Rule 5J-21.006, F.A.C.

u. Any violations to subsection 5J-21.007(1), F.A.C., where the device and/or equipment is required to be immediately removed from service due to the potential for causing economic or physical harm to a person; due to the potential for adversely affecting the public health, safety, or welfare; or due to the potential to create a significant threat of such harm, if left uncorrected.

v. Any violations to Rules 5J-22.002 and 5J-22.003, F.A.C., pertaining to petroleum products and applications, where the device and/or equipment is required to be immediately removed from service due to the potential for causing economic or physical harm to a person; due to the potential for adversely affecting the public health, safety, or welfare; or due to the potential to create a significant threat of such harm, if left uncorrected.

13.Violations of Rule 5J-21.010, F.A.C.

(c) Tier II Major Violations. A violation of Chapter 525 or 531, F.S., or this rule chapter is a Tier II violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare or creates a significant threat of such harm. Tier II violations shall result in prohibiting the sale, distribution, offering for sale or distribution of the substandard product and imposition of an administrative fine not to exceed the statutory maximum set forth in Section 525.16, F.S. For the purposes of this rule, the following violations shall be considered Tier II violations:

1. Failure to meet the volatility requirements for gasoline blended with ethanol as specified in subparagraphs 5J-21.001(1)(a)1. or 2., F.A.C.

2. Failure to meet the vapor pressure requirements for gasoline (including gasoline blended with oxygenates); including, if greater than 11.0 psi from the time period June 1, through September 15.

3. Failure to meet the minimum anti-knock index (AKI) or octane rating requirements for gasoline (including gasoline blended with oxygenates); specifically, gasoline found to be more than two (2) less than the posted rating.

4. Violations of paragraphs 5J-21.001(1)(c), (d), or (e), F.A.C.

5. Failure to match the posted ethanol or butanol content for gasoline blended with ethanol up to 10% by volume or butanol up to 12.5% by volume; specifically, when the ethanol or butanol content is found to be more than three (3.0%) percent by volume above the posted ethanol or butanol content (percentage by volume).

6. Failure to meet the silver corrosion standard for gasoline (including gasoline blended with oxygenates); specifically, when the rating is greater than two (2).

7. Failure to meet the flash point requirements for No. 2 diesel fuels and biodiesel blends (with No. 2 diesel fuels); specifically, when the flash point is found to be less than 100 °F.

8. Failure to meet the sulfur requirements for ultra-low sulfur diesel (ULSD) fuels and biodiesel blends (with ULSD fuels); specifically, when the sulfur content is found to be greater than 35 ppm.

9. Violations of subparagraph 5J-21.001(5)(d)2., F.A.C., pertaining to the maximum biodiesel content allowed in biodiesel blends (with diesel fuels or fuel oils).

10. Failure to match the posted biodiesel content for biodiesel blends (with diesel fuels or fuel oils); specifically, when the biodiesel content is found to be more than five (5.0%) percent by volume above the posted biodiesel content (percentage by volume).

11. Any fuel found below standard by reason of containing water, sediment, and/or suspended matter.

12. Failure to meet any other requirements listed in the standards for gasoline (including gasoline blended with oxygenates), as incorporated through the adopted version of ASTM International Designation D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel” in paragraph 5J-21.001(10)(a), F.A.C., not already listed is this section.

13. Failure to meet any other requirements listed in the standards for kerosene (kerosine), as incorporated through the adopted version of ASTM International Designation D3699, “Standard Specification for Kerosine” in paragraph 5J-21.001(10)(b), F.A.C., not already listed in this section.

14. Failure to meet any other requirements listed in the standards for diesel fuel No. 1-D and No. 2-D, as incorporated through the adopted version of ASTM International Designation D975, “Standard Specification for Diesel Fuel” in paragraph 5J-21.001(10)(c), F.A.C., not already listed in this section.

15. Failure to meet any other requirements listed in the standards for fuel oils No. 1 and No. 2, as incorporated through the adopted version of ASTM International Designation D396, “Standard Specification for Fuel Oils” in paragraph 5J-21.001(10)(d), F.A.C., not already listed in this section.

16. Failure to meet any requirements listed in the standards for denatured fuel ethanol, as incorporated through the adopted version of ASTM International Designation D4806, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel” in paragraph 5J-21.001(10)(e), F.A.C.

17. Failure to meet any other requirements listed in the standards for Ethanol Fuel Bends (51 to 83 volume percent ethanol), as incorporated through the adopted version of ASTM International Designation D5798, “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines” in paragraph 5J-21.001(10)(f), F.A.C., not already listed in this section.

18. Failure to meet any other requirements listed in the standards for Methanol Fuel Blends (51 to 85 volume percent methanol), as incorporated through the adopted version of ASTM International Designation D5797, “Standard Specification for Methanol Fuel Blends (M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines” in paragraph 5J-21.001(10)(g), F.A.C., not already listed in this section.

19. Failure to meet any requirements listed in the standards for biodiesel fuel blend stock (or biodiesel), as incorporated through the adopted version of ASTM International Designation D6751, “Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels” in paragraph 5J-21.001(10)(h), F.A.C.

20. Failure to meet any other requirements listed in the standards for biodiesel blends (with diesel fuel), as incorporated through the adopted version of ASTM International Designation D7467, “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20)” in paragraph 5J-21.001(10)(i), F.A.C., not already listed in this section.

21. Failure to meet any other requirements listed in the standards for biodiesel blends (with fuel oil), as incorporated through the adopted version of ASTM International Designation D396, “Standard Specification for Fuel Oils” in paragraph 5J-21.001(10)(d), F.A.C., not already listed in this section.

22. Failure to meet any other requirements listed in the standards for mid-level ethanol blends, as incorporated through the adopted version of ASTM International Designation D7794, “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines” in paragraph 5J-21.001(10)(j), F.A.C., not already listed in this section.

23. Failure to match the posted ethanol content for mid-level blends; specifically, when the ethanol content is found to be more than five (5.0) percent by volume above the posted ethanol content.

24. Violations of paragraphs 5J-21.003(6)(a), (b), or (c), F.A.C.

25. Violations of subsection 5J-21.003(7), F.A.C.

26. Violations of subsection 5J-21.003(10), F.A.C.

27. Violations of subsection 5J-21.005(4), F.A.C.

28. Violations of subsection 5J-21.007(2), F.A.C.

29. Failure to correct violations of law, rule, or adopted sections of NIST Handbook 44, as incorporated by reference in Rule 5J-22.002, F.A.C., or NIST Handbook 130 (pertaining to petroleum measuring devices, as incorporated by reference in Rule 5J-22.003, F.A.C.) within the time period specified in a notice of non-compliance. Any device affected by a correction notice issued pursuant to this rule that is not corrected within the time period specified shall be removed from service until such time that the deficiency has been corrected.

30. Failure to meet any requirements listed in the standards for butanol, as incorporated through the adopted version of ASTM International Designation D7862, “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel” in paragraph 5J-21.001(10)(k), F.A.C.

(d) Willful Violations. Any willful and intentional violation of Chapter 525 or 531, F.S., or this rule chapter or of any requirement or standard adopted pursuant thereto, shall result in the imposition of an administrative fine of up to $5,000 per violation. Willful violations shall include the following:

1. The unauthorized breaking, cutting, or removal of any seal applied by the department;

2. The sale or distribution, or offering for sale or distribution, of any petroleum fuel under stop sale order;

3. The sale or distribution, or offering for sale or distribution, of any petroleum fuel that was previously placed under a stop sale order and that has not been made to conform to standard; and

4. Violations which result from a failure to comply with a final order, a notice of non-compliance, a stop sale order, or any condition stipulated on a release of a stop sale order.

(7) Resolution of Alleged Violations, Settlement, and Additional Enforcement Remedies.

(a) Failure to respond to an administrative complaint shall result in the entry of a default final order against the violator or entity responsible for the violation. The department shall impose administrative fines in a default final order equal to the maximum amount as allowable under Section 525.16(1)(a), F.S.

(b) A failure to comply with either a final order or a default final order of the department shall result in any applicable registration revocation and an administrative fine equal to the maximum amount as allowable under Section 525.16(1)(a), F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 525.14, 531.41, 570.07(23) FS. Law Implemented 525.16, 531.42, 531.44, 570.971(4) FS. History–New 2-24-00, Amended 7-30-02, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.016, Amended 11-15-20, 9-2-24, 4-30-26.

Fla. Admin. Code R. 5J-21.009 Security Measures for Petroleum Fuel Measuring Devices

(1) As used in Section 525.07(10)(a)1., F.S., “pressure-sensitive security tape” means tape that is irreversibly broken, destroyed, or watermarked as voided if removed or attempted to be removed after application. Pressure-sensitive security tape does not include tape that is capable of being reused after its initial application.

(2) As used in Section 525.07(10)(a)4., F.S., “physical locking mechanism” means a uniquely marked high security lock such as a disc type padlock, a high security bezel lock, or a padlock that has a hardened shackle and shackle guard and for which documentation is presented showing that it has been independently tested and found to meet or exceed Central European Norm (CEN) 4.

(3) Each person who owns or operates a retail petroleum fuel measuring device shall have affixed to or installed onto the measuring device at least two security measure to restrict the unauthorized access of customer payment card information. Pursuant to Section 525.07(10)(a)8., F.S., the department shall consider proposed security measures not explicitly authorized by statute and shall approve those found to be at least as restrictive as any one of the security measures listed in Section 525.07(10)(a), F.S.

(4) Each person who owns or operates a retail petroleum fuel measuring device and who wishes to use a security measure not listed in Section 525.07(10)(a), F.S., shall submit FDACS-03577, Request for Approval of Alternative Security Measure, Rev. 12/21, hereby incorporated by reference. A copy of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-13981.

(5) Within 30 days of receipt of FDACS-03577, Request for Approval of Alternative Security Measure, Rev. 12/21, incorporated by reference in subsection (4) of this rule, the department shall provide written notification to the owner or manager whose contact information appears on the request that the request has been granted or denied, or that the request does not provide enough information. If the request does not provide enough information for the department to determine whether the proposed security measure should be approved, the department shall notify the owner or manager whose contact information appears on the request that additional information is required. Failure to provide additional information within 30 days of notification shall result in the denial of the request for approval.

(6) In determining whether a proposed alternative security measure restricts unauthorized access of customer payment card information, the department will consider the following:

(a) The physical, technological, and/or data security provided by the proposed security measure;

(b) The ease with which the proposed security measure can be breached;

(c) The means by which the proposed security measure can be verified by a department inspector;

(d) The expected level of maintenance required to maintain the effectiveness of the proposed security measure; and,

(e) The onsite and/or remote maintenance plan that will be used to ensure the proposed security measure has not been breached.

(7) The department’s approval of an alternative security measure applies only to those locations indicated in the approved request submitted by an owner or operator. An approved alternative security measure that fails to restrict the unauthorized access of customer payment card information shall be revoked in accordance with Section 120.60, F.S. If an owner or operator wishes to use an identical, department-approved alternative security measure at additional locations, the original request for approval may be supplemented by providing the information required by sections 1.-4. of FDACS-03577, Request for Approval of Alternative Security Measure, Rev. 12/21, incorporated by reference in subsection (4) of this rule.

(8) No security measure affixed or installed in accordance with Section 525.07(10), F.S., or this rule shall obstruct the department’s access to the measuring device for inspection purposes.

(9) If any petroleum fuel measuring device is found without the security measures required by Section 525.07(10), F.S., or with an illegal skimming or filtering device or an altered or damaged security measure, the device shall be placed out of service by the department through the issuance of a Stop Use Order, and prohibited from further use until documentation confirming the installation, replacement, or repair of the security measure(s) is received by the department and a Release is issued.

History

• Rulemaking Authority 525.07(10)(g), 525.14, 570.07(23) FS. Law Implemented 525.07, 525.08, 570.07(16)(h) FS. History–New 10-5-16, Amended 2-20-22.

Fla. Admin. Code R. 5J-21.010 Registration and Reporting

(1) The owner or operator responsible for daily operations of each petroleum retail outlet shall annually register the retail outlet by filing with the department FDACS-10995, Petroleum Station Registration, 01/26, hereby incorporated by reference, or by using the online registration system on the department’s website at https://www.FDACS.gov. Annual registration shall expire on April 30th of each year. The renewal portal will be active for 60 days prior to the expiration date of the annual registration. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19117.

(2) The owner or operator responsible for daily operations of each petroleum wholesale and terminal distribution facility shall annually register the wholesale or terminal distribution facility by filing with the department FDACS-10996, Petroleum Wholesale Registration, 01/26, hereby incorporated by reference, or by using the online registration system on the department’s website at https://www.FDACS.gov. Annual registration shall expire on April 30th of each year. The renewal portal will be active for 60 days prior to the expiration date of the annual registration. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19118.

(3) During a declared state of emergency that may affect fuel supplies within this state, all retail outlets registered under subsection (1) must report to the department the following information upon request:

(a) Facility status.

(b) If the facility is closed, the reason for closure.

(c) Fuel inventory volumes, by grade.

(d) Water in fuel checks performed along with the volumes of water found.

(4) During a declared state of emergency that may affect fuel supplies within this state, all wholesale and terminal facilities registered under subsection (2) must report to the department the information in this subsection. Required information shall be reported or updated by 0500 and 1700 hours each day and upon request by the department. All facilities whose data is not needed for a designated emergency will be notified by the department that reporting under this subsection is not required. The following information is required to be reported:

(a) Anticipated pre-storm closure time.

(b) Facility status, landside.

(c) If the facility is closed, the reason for closure.

(d) Estimated time to reopen the facility.

(e) Volumes in inventory of motor fuels and blend stocks, by grade.

(f) Distribution rate of motor fuels and blend stocks – Volume per hour by grade.

(g) Anticipated fuels and blend stocks scheduled to be received within the next 48 hours including volumes and fuel types.

(h) Distribution rack status.

(i) If the distribution rack is closed, the reason for closure.

(j) Scheduled outgoing deliveries of petroleum fuel and blend stocks, including the volumes and types of petroleum fuel and blend stocks and delivery location data, if known. If such information is not available, the registrant shall allow department personnel access to the facility during operating hours to collect information on the distribution and sales of petroleum products.

(k) Whether assistance is requested, and if so, what kind of assistance is requested.

(5) A link to the event cited in the governor’s emergency declaration will be provided to all registrants following the issuance of the declaration. This notification will include the start date and time of the reporting requirements in this rule. The information required by subsection (3) shall be submitted to the department by filing FDACS-10998, Emergency Management – Retail Survey, 01/26, hereby incorporated by reference, via the department’s online portal at https://www.fdacs.gov/Consumer-Resources/Storm-Preparation. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19119. The information required by subsection (4) shall be submitted to the department by filing FDACS-10999, Emergency Management – Terminal Survey, 01/26, hereby incorporated by reference, via the department’s online portal at https://www.fdacs.gov/Consumer-Resources/Storm-Preparation. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19120.

(6) Required reporting will continue until fueling operations have stabilized and registrants have been notified by the department that reporting under this rule is no longer required or the state of emergency ends.

History

• Rulemaking Authority 525.14, 525.19(1), 570.07(23) FS. Law Implemented 525.08(1)(c), 525.19 FS. History–New 4-30-26.

Fla. Admin. Code R. 5J-21.011 Florida Retail Fuel Transfer Switch Modernization Grant Program

(1) Eligibility Requirements – All applicants must meet the following eligibility requirements to qualify for the Florida Retail Fuel Transfer Switch Modernization Grant Program:

(a) Be a registered retail fuel facility in compliance with Section 525.19, Florida Statutes, and Rule 5J-21.010(1), Florida Administrative Code;

(b) Have a minimum of four fueling positions;

(c) Submit a complete grant application that includes all required documentation verifying compliance with the grant criteria;

(d) Agree to participate in emergency response coordination efforts as required by local or state emergency management authorities; and

(e) Not be subject to Section 526.143(2), Florida Statutes.

(2) Grant Funding Criteria.

(a) Applications will be evaluated based on the following weighted criteria:

Percentage of retail fuel facilities in the county with a transfer switch

30%

Facility location on a designated evacuation route

30%

Number of fueling positions available

25%

Presence of on-site generator or contract for generator delivery within 24 hours

10%

Availability of retail fuel facilities with a transfer switch in the vicinity of the intended recipient location

5%

(b) Applications will be scored as follows:

1. Applications will be assigned a low, medium, or high priority for each of the criteria listed in paragraph (a).

2. Low priority will be assigned one point, medium priority will be assigned five points, and high priority will be assigned ten points.

3. The scores assigned above will be multiplied by the corresponding percentage and then added together to form the application’s aggregate score.

4. The aggregate scores will be sorted from highest to lowest. If the current funding cycle has thirty or more eligible applications, then the applications scoring in the top 25% will be granted. If the current funding cycle has fewer than thirty eligible applications, then the applications with the ten highest scores will be granted.

(3) Application Process.

(a) Applicants for grant funding shall file with the department FDACS-10997, Florida Retail Fuel Transfer Switch Modernization Grant Program Application, 01/26, hereby incorporated by reference. Copies of this form may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19121.

(b) Applications must include:

1. The facility’s petroleum registration number issued pursuant to Rule 5J-21.010, Florida Administrative Code;

2. Proof of ownership of a generator or a contract for generator delivery within 24 hours that complies with Section 526.143(5), Florida Statutes;

3. Fuel tank types and capacity; and

4. Inventory of fueling positions.

(c) Applications and awards will be granted on a monthly rolling basis until funding is depleted. Each month will be a separate funding cycle.

(d) Applications must be submitted by the first business day of the month to be considered for that month’s funding cycle.

(e) Eligible applications that are not granted during a funding cycle will automatically be reconsidered during the next funding cycle.

(4) Review and Award Process.

(a) The department’s grant review committee will review all applications for compliance with subsections (1) and (3) and score each application based on the criteria in subsection (2). The grant review committee will grant applications based on subparagraph (2)(b)4.

(b) Funding for approved applications will be based on the following award tiers:

1. Tier 1: Up to $10,000 for retail fuel facilities located in a fiscally constrained county as designated under Section 218.67(1), Florida Statutes.

2. Tier 2: Up to $5,000 for retail fuel facilities not located in a fiscally constrained county.

(5) Awards and Distribution.

(a) Funding will be awarded in two phases.

1. Phase 1 – When an application is granted, the department will issue an award letter and contract committing the grant funds pending installation. Installation will be required within 90 days of an executed award contract.

2. Phase 2 – The department will disburse grant funds within 30 days following the facility’s compliance with paragraph (6)(a).

(b) Grant recipients must maintain financial records related to the grant award for a period of five years following the disbursement of funding. This includes all invoices, receipts, contracts, and installation records for the purchase and installation of the transfer switch.

(6) Compliance and Monitoring.

(a) Before grant funds are disbursed, applicants must provide proof of installation of the transfer switch from a certified or registered electrical contractor. Certification from the electrical contractor must include a statement that the transfer switch is capable of operating all fuel pumps, dispensing equipment, life safety systems, and payment-acceptance systems using an alternate generated power source.

(b) Facilities that have received grant funds are subject to site inspections and audits by the department to ensure compliance with Section 526.147, Florida Statutes, and this rule.

(c) Failure to comply with this subsection or the terms of the award contract may result in one or more of the following sanctions if the failure to comply cannot be rectified within 30 days of a request by the department. The sanctions will be determined based on the extent of harm to the program and whether the failure to comply affects eligibility for the program:

1. Suspension or termination of funding.

2. Repayment of disbursed funds.

3. Disqualification from future funding cycles.

History

• Rulemaking Authority 526.147(2), 570.07(23) FS. Law Implemented 526.147 FS. History–New 4-30-26.

Chapter 5J-22 WEIGHTS AND MEASURES

Fla. Admin. Code R. 5J-22.001 Definitions

As used in this rule chapter, the following definitions and those provided in Section 531.37, F.S., shall apply:

(1) Commercial Purpose means any weighing and measuring device:

(a) Used in commerce to establish the size, quantity, extent, area, or measurement of any commodity sold, offered, or submitted for sale or otherwise transacted in commerce; or

(b) Used in computing any charge or payment due for services rendered on the basis of weight, measure, or count; or

(c) Used in determining the winner of any award based on weight, measure, or count; or

(d) Used to determine a weight, measure, size, quantity, extent, area or measurement when a fee is charged to make that determination.

(2) Location means any individual structure, site, mobile unit or similar type establishment attached or otherwise where commercial weighing and/or measuring activities are conducted by the owner of a weighing or measuring device used for commercial purposes.

(3) Owner means a person that owns or uses, has primary possession or control over the use of, or otherwise employs a weighing or measuring device used for commercial or law enforcement purposes.

(4) Commercial Use Permit (Permit) means a certificate issued by the department that authorizes the holder to use weighing and/or measuring devices for commercial purposes at a location for which the certificate is issued.

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 FS. History–New 8-17-17, Amended 2-8-21.

Fla. Admin. Code R. 5J-22.002 Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices

(1) The National Institute of Standards and Technology (NIST) Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, 2025 Edition, is hereby adopted and incorporated by reference as the requirements for commercial weighing and measuring devices. A copy of this handbook may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or http://www.flrules.org/Gateway/reference.asp?No=Ref-19122. A copy of this handbook is also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, Florida 32399, Phone: (850)921-1570.

(2) Any weighing or measuring device that fails to meet applicable tolerances, as adopted in this rule, shall be placed out of service by the department. Upon conformance with the requirements of this rule, the stop use order shall be released by the department.

(3) Prohibited Devices. Any mobile petroleum measuring device or delivery system that uses a single measurement meter and/or hose for the delivery of multiple products or grades of products is prohibited. Notwithstanding this prohibition, the department shall authorize commercial use of such a device if:

(a) A written request is received by the department prior to the device being placed in commercial service; and

(b) The request provides documentation demonstrating that the performance and construction of the device is in conformance with the standards adopted in this rule chapter; and

(c) The device has been inspected and tested by the Bureau of Standards and has been found to comply with the requirements adopted in Chapter 531, F.S., and this rule chapter.

History

• Rulemaking Authority 366.94, 531.40, 531.41(3), (5) FS. Law Implemented 366.94, 531.40, 531.41(5), 531.42 FS. History–New 8-17-17, Amended 2-8-21, 8-3-23, 5-6-26.

Fla. Admin. Code R. 5J-22.003 Uniform Regulations and Methods of Sale

(1) The National Institute of Standards and Technology (NIST), Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel Quality, 2025 Edition, Sections: Uniform Packaging and Labeling Regulation; Uniform Regulation for National Type Evaluation; Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices; Examination Procedure for Price Verification; and Uniform Unit Pricing Regulation are hereby adopted and incorporated by reference. Uniform Regulation for the Method of Sale of Commodities is also adopted and incorporated by reference with the following exceptions: sections 2.19; 2.20, 2.30., 2.33.2; 2.39; 2.39.1; 2.39.1.1; 2.39.1.2; 2.39.2 and 2.39.3. Section 2.21 ‒ Liquefied Petroleum Gas is adopted with the following amended language: All liquefied petroleum gas, including, but not limited to propane, butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the pound, metered cubic foot of vapor (defined as 1 ft3 at 60 ºF [15.6 °C]), or the gallon (defined as 231 in3 at 60 ºF [15.6 °C]), with the exception of portable cylinders with a water capacity of 96 pounds or less. All metered sales by the gallon, except those using meters with a maximum rated capacity of 20 gal/min or less, shall be accomplished by use of a meter and device that automatically compensates for temperature. A copy of this handbook may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or http://www.flrules.org/Gateway/reference.asp?No=Ref-19123. A copy of this handbook is also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, Florida 32399, Phone: (850)921-1570.

(2) All packages sold or offered for sale shall meet the packaging and labeling requirements adopted under this rule. Any package that fails to possess a declaration of identity, declaration of responsibility or declaration of quantity, as adopted in subsection (1), of this rule, shall be placed under stop sale order by the department. Once made to conform with the requirements adopted in subsection (1) of this rule, the packages shall be released by the department from the stop sale order.

(3) All weighing and measuring devices, including retail motor fuel dispensers, placed into service for the first time that will be used in commerce in the state must be approved through the National Type Evaluation Program (NTEP) and possess a valid Certificate of Conformance, issued by the National Council on Weights and Measures, verifying such approval. Notwithstanding this requirement, a device for which an NTEP Certificate of Conformance has not been issued may be lawfully placed in service for commercial use if the following conditions are met:

(a) The National Council on Weights and Measures does not offer NTEP evaluation and Certificates of Conformance for the class of device, and no other similar devices have been granted NTEP approval; and

(b) Written notification is received by the department prior to the device being placed in commercial service; and

(c) The notification is accompanied by documentation demonstrating that the performance and construction of the device is in conformance with the standards adopted in this rule chapter; and

(d) The device has been inspected and tested by the Bureau of Standards and has been found to comply with all other requirements set forth in Chapter 531, F.S., and adopted in this rule chapter.

Any investigation or inspection in which the department determines a weighing or measuring device does not have a valid NTEP certificate or written approval from the Division of Consumer Services, shall result in the device being prohibited from further commercial use until a valid NTEP certificate or written approval has been obtained. The department shall prohibit the continued unauthorized use of the device. When the NTEP certificate or written approval has been obtained, the stop use order shall be released by the department.

(4) All service persons and service agencies servicing weighing or measuring devices used for commercial purposes that choose to operate under the provisions of Section 531.41(16), F.S., must register with the department using FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, hereby adopted and incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08523.

(a) There shall be no fee for registration.

(b) The certificate of registration for each serviceperson or service agency shall expire two years from the date of issuance.

(c) Standards and testing equipment used by servicepersons or service agencies in the service and testing functions shall be adequate and suitable for the intended use and shall be examined and recertified by an accredited metrology laboratory as recognized by the National Institute of Standards and Technology (NIST) at least every two years.

(d) Registered servicepersons and service agencies must comply with the requirements adopted in subsection 5J-22.003(1), F.A.C.

(e) Reporting of weighing and measuring devices restored to or placed in service as required by this rule shall be made on FDACS-03017, Placed in Service Report, Rev. 05/17, within 24 hours after a device is restored to service or placed in service, but not more than 10 days prior to the device being restored to service or placed in service. The document referenced in this subsection is hereby adopted and incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08524.

(5) Weighing and measuring devices placed into service by unregistered persons and not in accordance with any exceptions provided by rule shall not be used in commerce. If such a device that is placed into service by the permitted owner only requires an electrical plug-in for installation and does not require calibration at the time of installation the device may be used after the department is notified.

(6) All commodities sold or offered for sale shall be in accordance with the Method of Sale requirements adopted under this rule. Any person ulitizing a method of sale that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be issued a notice of noncompliance by the department. The notice of noncompliance shall be considered satisfied once the method of sale is made to conform with the requirements adopted in subsection (1) of this rule.

(7) The pricing of commodities shall be verified by using the examination procedures for price verification adopted under this rule. Any pricing of a commodity that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be prohibited and affected commodities placed under stop sale order by the department. The commodities shall be released by the department from the stop sale order once the pricing is made to conform with the requirements adopted in subsection (1) of this rule.

(8) Any unit pricing of a commodity that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be prohibited and affected commodities placed under stop sale order by the department. The commodities shall be released by the department from the stop sale order once the unit pricing is made to conform with the requirements adopted in subsection (1) of this rule.

(9) All electrical energy kept, offered, or exposed for sale and sold at retail as a vehicle fuel shall be in units in terms of the kilowatt-hour (kWh). All other methods of sale, except those allowed by Rule 5J-28.007, F.A.C., are prohibited.

History

• Rulemaking Authority 531.40, 531.41(3),(4), (5), (16), 531.44(2) FS. Law Implemented 531.40, 531.41(3), (4), (5), (7), (16), 531.42, 531.44, 531.45, 531.47, 531.49 FS. History–New 8-17-17, Amended 2-8-21, 8-3-23, 5-6-26.

Fla. Admin. Code R. 5J-22.004 Net Contents of Packaged Goods

(1) The National Institute of Standards and Technology (NIST) Handbook 133, Checking the Net Contents of Packaged Goods, 2025 Edition, is hereby adopted and incorporated by reference as the procedures for testing packaged goods and commodities for net contents. A copy of this handbook may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-19124. A copy of this handbook is also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, Florida 32399, Phone: (850)921-1570.

(2) Any package that fails to meet applicable requirements, as adopted in subsection (1) of this rule, shall be placed under stop sale order by the department. The packages shall be released by the department from the stop sale order once the packaging is made to conform with the requirements adopted in this rule.

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41, 531.42, 531.44, 531.45, 531.47, 531.48, 531.49 FS. History–New 8-17-17, Amended 2-8-21, 5-6-26.

Fla. Admin. Code R. 5J-22.005 Metrology Lab Fees

(1) The department shall charge fees for metrology services provided as outlined in this rule.

(a) Fees for each mass standard tested or certified (calibrated) against the maximum permissible errors as listed in Table 1 ASTM International Standard Designation E617-23 for Class 5 and above or equivalent:

1. 0-2 lbs. or metric equivalent

$6 per unit

2. 2-10 lbs. or metric equivalent

$8 per unit

3. 10-50 lbs. or metric equivalent

$12 per unit

4. 50-500 lbs. or metric equivalent

$20 per unit

5. 500-1000 lbs. or metric equivalent

$30 per unit

6. 1000-2500 lbs. or metric equivalent

$40 per unit

7. 2500-5000 lbs. or metric equivalent

$50 per unit

(b) Fees for each mass standard calibrated against the maximum permissible errors as listed in Table 1 ASTM International Standard Designation E617-23 for Class 4 or equivalent tolerances:

1. 0-10 lbs. or metric equivalent

$20 per unit

2. 10-50 lbs. or metric equivalent

$30 per unit

3. 50-500 lbs. or metric equivalent

$40 per unit

4. 500-1000 lbs. or metric equivalent

$50 per unit

5. 1000-2500 lbs. or metric equivalent

$60 per unit

6. 2500-5000 lbs. or metric equivalent

$75 per unit

(c) Fees for each mass standard that is calibrated to meet the maximum permissible errors of Table 1 ASTM International Standard Designation E617-23 for Class 2 or equivalent:

1. 0-20 lbs. or metric equivalent

$40 per unit

2. 20-50 lbs. or metric equivalent

$50 per unit

3. 50-1000 lbs. or metric equivalent

$70 per unit

4. 1000-2500 lbs. or metric equivalent

$150 per unit

5. 2500-5000 lbs. or metric equivalent

$250 per unit

(d) Fees for each volumetric calibration:

1. 0-5 gallon capacity or metric equivalent

$35

2. 5 gallon capacity or metric equivalent

Plus $0.75 for each additional gallon.

All volumetric capacities for measuring liquified petroleum gas or other closed vessels used to measure other compressed or pressurized gasses shall be assessed at the special test fee rate in paragraph (1)(e).

(e) Fees for each special calibration or special preparation shall be $50 per hour. Calibrations or preparations whose individual fee(s) would total less than the equivalent of one-half hour of this hourly charge shall be charged for one half-hour of time.

(2) Each fee is payable at the time metrology services are done, regardless of whether the item tested is certified or fails. Requests for services must be accompanied by a completed form FDACS-03224, Metrology Calibration Request, Rev. 01/26, prior to acceptance of any item for testing. The document referenced in this subsection is hereby adopted and incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-19125. The department may refuse to accept for testing any item it considers unfit for testing due to its condition as determined by the state metrologist or if it is unsuitable for its intended use after consideration of United States Department of Commerce, National Institute of Standards and Technology (NIST) Handbooks:

(a) 105-1, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, 1. Specifications and Tolerances for Field Standard Weights (NIST Class F) (2019); or

(b) 105-2, Specifications and Tolerances for Reference Standard and Field Standard Weights and Measures (2021); or

(c) 105-3, Specifications and Tolerances for Reference Standards and Field Standards Weights and Measures, 3. Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards (2010); or

(d) 105-4, Specifications and Tolerances for Reference Standards and Field Standards Weights and Measures, 4. Specifications and Tolerances for Liquefied Petroleum Gas and Anhydrous Ammonia Liquid Volumetric Provers (2016); or

(e) 105-6, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, 6. Specifications and Tolerances for Thermometers (1997); or

(f) 105-7, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, 7. Specifications and Tolerances for Dynamic Small Volume Provers (1997); or

(g) 105-8, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, 8. Specifications and Tolerances for Field Standard Weight Carts (2019).

(3) Materials.

(a) The ASTM International Standard Designation E617-23 “Standard Specification for Laboratory Weights and Precision Mass Standards” (Approved August 15, 2023) is hereby adopted and incorporated by reference. It may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or http://www.astm.org, and is also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250, and at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399, Phone: (850)921-1570. Posting of the preceding material on the internet for purposes of public examination would violate federal copyright law.

(b) The materials in subsection (2), are adopted and incorporated by reference below. Copies of the National Institute of Standards and Technology publications may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, STOP 2600, Gaithersburg, MD 20899-2600. All publications are also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399, Phone: (850)921-1570.

1. National Institute of Standards and Technology (NIST) Handbook 105-1, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (NIST Class F) (2019), is hereby incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-12510.

2. National Institute of Standards and Technology (NIST) Handbook 105-2, Specifications and Tolerances for Reference Standard and Field Standard Weights and Measures (2021), is hereby incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-19126.

3. National Institute of Standards and Technology (NIST) Handbook 105-3, Specifications and Tolerances for Reference Standards and Field Standards Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards (2010), is hereby incorporated by reference and can accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08540.

4. National Institute of Standards and Technology (NIST) Handbook 105-4, Specifications and Tolerances for Reference Standards and Field Standards Weights and Measures, Specifications and Tolerances for Liquefied Petroleum Gas and Anhydrous Ammonia Liquid Volumetric Provers (2016), is hereby incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-12511.

5. National Institute of Standards and Technology (NIST) Handbook 105-6, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Thermometers (1997), is hereby incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08543.

6. National Institute of Standards and Technology (NIST) Handbook 105-7, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Dynamic Small Volume Provers (1997), is hereby incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-08544.

7. National Institute of Standards and Technology (NIST) Handbook 105-8, Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weight Carts (2019), is hereby incorporated by reference and can be accessed http://www.flrules.org/Gateway/reference.asp?No=Ref-12512.

(4) Any equipment or items exempt from the fees in this rule as provided in Section 531.415(3), F.S., shall have documented evidence submitted at the time services are requested demonstrating the exempt status.

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.415 FS. History–New 8-17-17, Amended 2-8-21, 5-6-26.

Fla. Admin. Code R. 5J-22.006 Weighing and Measuring Device Permits

(1) No owner or person in possession of any weighing or measuring device shall use or operate the device for commercial purposes without first obtaining a permit.

(2) Each permit shall be conspicuously displayed at the location for which it is issued. Permits shall be issued by the department upon receipt of payment in full and approval of a completed form FDACS-03560, Weighing and Measuring Device Permit Application, Rev. 01/26, identifying the specific number and type of weighing and measuring devices that will be used for commercial purposes. The document referenced in this subsection is hereby adopted and incorporated by reference and can be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-19127.

(3) Except for permits for additional devices placed into service at a location with an existing permit, which will be prorated on a quarterly basis as prescribed in subsection (6), permits shall be valid for one or two years from the date of issuance based on the time period selected by the applicant. Fees paid for permits are not refundable.

(4) Fees.

(a) One permit shall be issued to each location for all weighing and measuring devices used for commercial purposes at that location based on the total number, type, size and/or capacity of devices. The permit shall expire one or two years following the date of issuance based on the time period selected by the applicant and must be renewed consecutively so long as any of the devices remain in use for commercial purposes at that location. The permit renewal fee shall be the same as the fees established in this subsection.

(b) If the ownership of a permitted device(s) changes, the current permit for that device(s) shall remain in effect until its original expiration date and shall be transferred by the department to the new owner if:

1. The device(s) for which the permit was issued remained at the same location after the ownership change; and,

2. The new owner, or a representative of the new owner, notifies the department in writing of the change in ownership within 30 days of the change in ownership. Notification can be made by mail to the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Compliance, 2005 Apalachee Parkway, Tallahassee, Florida 32399, or by facsimile at (850)410-3804.

(c) If the ownership and location of a permitted device(s) change, the current permit for that device(s) automatically expires and a new permit application and fee must be submitted to the department after which a new permit shall be issued, which will expire one or two years from the date of issuance of the new permit, based on the time period selected by the applicant. However, if the location of a permitted device(s) changes without a change in ownership, the current permit for that device(s) shall be transferred to the new location upon notification to the department by the owner. The owner shall notify the department in writing within 30 days from the date of the change to the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Compliance, 2005 Apalachee Parkway, Tallahassee, Florida 32399, or by facsimile at (850)410-3804.

(d) If the owner ceases to use all commercial weighing and measuring devices, the department must be notified within 30 days indicating that the devices are no longer in use and the permit should be terminated.

(e) The failure of an owner to notify the department of a change as prescribed in paragraphs (b) and (c), above, shall immediately void the permit and require full application and fees and will result in the imposition of penalties pursuant to Rule 5J-22.007, F.A.C.

(f) The following annual commercial use permit fees for weighing devices are based on the manufacturers’ rated capacity or the device’s design and intended use:

1. For weighing devices used during any portion of the period covered by the commercial use permit with a manufacturer’s rated capacity of up to and including 100 pounds or the metric equivalent, the fees in Table 1 will apply:

Table 1

Number of Devices per Single Category

Annual Fee per Single Retail Establishment

1 to 5

$45

6 to 10

$130

11 to 30

$185

31 or more

$235

2. For weighing devices with a manufacturer’s rated capacity of greater than 100 pounds up to and including 250 pounds or the metric equivalent, the annual permit fee shall be $45 per device.

3. For weighing devices with a manufacturer’s rated capacity of greater than 250 pounds up to and including 5,000 pounds or the metric equivalent, the annual permit fee shall be $80 per device.

4. For weighing devices with a manufacturer’s rated capacity of greater than 5,000 pounds up to and including 20,000 pounds or the metric equivalent, the annual permit fee shall be $175 per device.

5. For weighing devices with a manufacturer’s rated capacity of greater than 20,000 pounds or the metric equivalent, the annual permit fee shall be $225 per device.

6. For wheel load weighing devices the annual permit fee shall be $15 per device.

7. For static and in-motion railroad track scales used to weigh railway cars that are not tested for accuracy and compliance with state standards by a private testing agency, the annual permit fee shall be $200 per device.

8. For belt conveyor scales, the annual permit fee shall be $400 per device.

(g) The following commercial use permit fees shall apply for the measuring devices listed below:

1. For mass flow meters with a maximum flow rate of up to and including 150 pounds per minute or the metric equivalent, the annual permit fee shall be $100 per device. This includes all mass flow meters used to dispense compressed and liquefied natural gas for retail sale.

2. For mass flow meters with a maximum flow rate of greater than 150 pounds per minute or the metric equivalent, the annual permit fee shall be $250 per device.

3. For volumetric flow meters with a maximum flow rate of up to and including 10 gallons per minute or the metric equivalent, excluding those used to measure liquefied petroleum gas, the fees in Table 2 will apply:

Table 2

Number of Devices per Single Category

Annual Fee per Single Retail Establishment

1 to 5

$40

6 to 10

$125

11 to 30

$175

31 or more

$225

4. For volumetric flow meters with a maximum flow rate of greater than 10 and up to and including 20 gallons per minute or the metric equivalent, the annual permit fee shall be $40 per device. This includes all devices used to dispense diesel exhaust fluid for retail sale.

5. For volumetric flow meters used to measure liquefied petroleum gas with a maximum flow rate of up to and including 20 gallons per minute or the metric equivalent, the annual permit fee shall be $40 per device.

6. For volumetric flow meters with a maximum flow rate of greater than 20 gallons per minute or the metric equivalent, the annual permit fee shall be $80 per device.

7. For tanks used as measures with capacities of less than 500 gallons or the metric equivalent, with or without gauge rods or markers, the annual permit fee shall be $100 per device.

8. For tanks used as measures with capacities 500 gallons or greater or the metric equivalent, with or without gauge rods or markers, the annual permit fee shall be $200 per device.

9. For multiple dimension measuring devices, the annual permit fee shall be $100 per device.

10. For LP gas bulk delivery vehicles with a meter owned or leased by a LP gas licensee, the annual permit fee shall be $150.

(5) Fees for Device(s) Placed into Service at a Location with an Existing Commercial Use Permit. The department shall be notified by the owner of any non-replacement weighing or measuring device that is put into service during a permit year at a location and will change the permit fees by submitting form FDACS-03560, Weighing and Measuring Device Permit Application, Rev. 01/26, which is adopted and incorporated by reference in subsection (2). The fee shall be prorated on a quarterly basis of the annual fee prescribed in subsection (4), for every quarter remaining until the expiration of the existing permit for that location.

(6) Replacement Devices. Each device for which a permit has been issued may be replaced with a device of the same type, size and capacity and will not require additional fees to be paid until renewal of the permit providing the following conditions apply:

(a) The amount of the fee for the replacement device would have been equal to or less than the amount of the fee for the original device as prescribed in subsection (4); and,

(b) The replacement device is reported to the department in writing within 30 days of the date of replacement. The reporting shall include a copy of the NTEP certificate, the brand name, model and serial number and capacity of the device(s) being replaced and the replacement device(s). The information shall be sent to the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Compliance, 2005 Apalachee Parkway, Tallahassee, Florida 32399, or by facsimile at (850)410-3804.

(7) Late Fees. The department shall not issue a commercial use permit until all applicable fees, including late fees, have been received by the department. The department shall not waive late fees. A late fee of $100 per location must be paid in addition to the commercial use permit fee required by subsection (4), if the commercial use permit application and renewal fee are not received by the department in accordance with Section 531.62, F.S.

History

• Rulemaking Authority 531.66, 570.07(23) FS. Law Implemented 531.42, 531.50, 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 FS. History–New 8-17-17, Amended 5-24-18, 2-8-21, 8-3-23, 5-6-26.

Fla. Admin. Code R. 5J-22.007 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Chapter 531, F.S. The purpose of the guidelines is to give notice of the range of penalties, which will be imposed for a single violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will administratively enforce compliance with Chapter 531, F.S., and this rule chapter by issuing an administrative complaint, stop sale order, stop use order, and/or notice of noncompliance for violations of Chapter 531, F.S., and this rule chapter.

(3) Nothing in this rule shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to, encompass all possible violations of the statutes or department rules that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation is not subject to a penalty. In an instance where the violation is not listed in this rule, it will be penalized in accordance with paragraph (8)(b) of this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 531, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors shall include:

1. The violation caused or has the potential to cause harm to a person or property and the degree or extent of such harm.

2. The violation endangered the public safety or welfare.

3. Previous enforcement actions for the same or a similar offense.

4. The violation existed for more than one month.

5. The violation was repeated within one year.

6. The violator impeded, or otherwise failed to cooperate with the department’s inspection and/or investigation.

7. Previous disciplinary action against the violator in this or any other jurisdiction.

8. Failure to take or initiate affirmative or corrective action within 48 hours after receipt of the stop sale and/or stop use order or within the timeframe specified on a notice of noncompliance for the violation.

9. The violation resulted from an intentional act.

10. The need for repeated follow-up inspections without valid evidence of remedial action taken by the violator.

11. The number of other violations proven in the same proceeding.

12. The benefit to the violator.

(b) Mitigating Factors shall include:

1. The compliance record of the violator.

2. Any documented efforts by the violator to repair any damages, economic or otherwise, resulting from the violation.

3. Length of time operating location while out of compliance.

4. Reliance on written professional or expert counsel or advice.

5. The intentional actions of another party prevented the violator from complying with the applicable laws or rules.

6. Documented financial hardship.

7. Acts of God or nature that impair the ability of the violator to comply with Chapter 531, F.S., or this rule chapter.

8. The violator expeditiously took or initiated affirmative or corrective action within 48 hours after receipt of the stop sale and/or stop use order or within the timeframe specified on a notice of noncompliance for the violation.

9. If a repeat violator, two years have passed since the last violation.

(6) Penalties.

(a) Minor Violations. Any department investigation or inspection which reveals violations listed in this paragraph will result in the issuance of a notice of noncompliance as the department’s first response to the violation. For the purposes of this rule, the following violations shall be considered minor and shall result in the issuance of a notice of noncompliance:

1. Use of an unpermitted weighing or measuring device for commercial purposes without a valid Commercial Use Permit if the person has never previously held such a permit and has not been notified by the department that such a permit is required.

2. Violations of the standards adopted in subsection 5J-22.002(1), F.A.C., other than devices found to be out of tolerance in favor of the device owner.

3. Violations of the standards adopted in subsection 5J-22.003(1), F.A.C., Uniform Packaging and Labeling Regulation, other than packages found to have missing or inaccurate:

a. Declaration of Quantity; or

b. Declaration of Identity; or

c. Declaration of Responsibility.

4. Violations of the standards adopted in subsection 5J-22.003(1), F.A.C., Uniform Regulation for the Method of Sale of Commodities.

5. Violations of the standards adopted in subsection 5J-22.003(1), F.A.C., Examination Procedure for Price Verification if three (3) percent or greater, but not more than ten (10) percent of examined items fail and the net monetary discrepancy total is no more than $5 in favor of the business.

(b) Major Violations: Tier I. Tier I violations shall result in the issuance of a Stop Sale Order or the device(s) removed from service using a Stop Use Order as specified below. Discovery of a repeat violation within a three-year period shall result in the imposition of an administrative fine not to exceed the statutory maximum set forth in Section 531.50(1)(b), F.S. For the purposes of this rule, the following violations shall be considered Tier I violations:

1. Violations of subsection 5J-22.003(1), F.A.C., Uniform Packaging and Labeling Regulation, shall result in the removal from sale of affected commodities by the department when found to have missing or inaccurate:

a. Declaration of Quantity; or

b. Declaration of Identity; or

c. Declaration of Responsibility.

2. Violations of subsection 5J-22.003(1), F.A.C., Examination Procedure for Price Verification, shall result in the removal from sale of affected commodities by the department if three (3) percent or greater, but not more than ten (10) percent of examined items fail and the net monetary discrepancy total is more than $5 in favor of the business.

3. Violations of the standards adopted in subsection 5J-22.002(1), F.A.C., shall result in the removal of affected equipment from service by the department for devices found to be out of tolerance in favor of the device owner.

4. Violations of the standards adopted in subsection 5J-22.003(1), F.A.C., Uniform Regulation for National Type Evaluation, shall result in the removal of affected equipment from service by the department.

(c) Major Violations: Tier II. Tier II violations shall result in prohibiting the sale, distribution, offering for sale or distribution of the affected products, placing any affected equipment out of service and imposition of an administrative fine not to exceed the statutory maximum set forth in Section 531.50(1)(b), F.S., for each violation of Chapter 531, F.S., and/or rule Chapter 5J-22, F.A.C. For the purposes of this rule, the following violations shall be considered Tier II violations:

1. Violations of the standards adopted in Rule 5J-22.003, F.A.C., Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices by:

a. Failing to comply with the provisions of Section 531.41(16), F.S., for service agencies or personnel registered with the department pursuant to Rule 5J-22.003, F.A.C.; or

b. Failing to report a weighing and measuring device placed in service for commercial purposes.

2. Violations of the standards adopted in subsection 5J-22.003(1), F.A.C., Examination Procedure for Price Verification if more than ten (10) percent of examined items fail.

3. Violations of the standards adopted in Rule 5J-22.004, F.A.C.

4. Violations of Rule 5J-22.006, F.A.C.

5. Failure to correct violations of law, rule, or adopted sections of NIST Handbook 44, as adopted in Rule 5J-22.002, F.A.C., within the time period specified in a notice of noncompliance. Any device affected by a notice of noncompliance issued pursuant to this rule chapter that is not corrected within the time period specified shall be removed from service until such time that the deficiency has been corrected.

6. Failure to correct violations of law, rule, or adopted sections of NIST Handbook 130, as adopted in Rule 5J-22.003, F.A.C., within the time period specified in a notice of noncompliance. Any device affected by a notice of noncompliance issued pursuant to this rule chapter that is not corrected within the time period specified shall be removed from service until such time that the deficiency has been corrected. Any commodities affected by a notice of noncompliance issued pursuant to this rule chapter that are not corrected within the time period specified shall be removed from sale until such time that the deficiency has been corrected.

7. Failure to correct violations of law, rule, or adopted sections of NIST Handbook 133, as adopted in Rule 5J-22.004, F.A.C., within the time period specified in a notice of noncompliance. Any commodities affected by a notice of noncompliance issued pursuant to this rule chapter that are not corrected within the time period specified shall be removed from sale until such time that the deficiency has been corrected.

8. Impeding, obstructing, or hindering a department employee during duties associated with enforcement of provisions of this rule.

(d) Willful Violations. Any willful and intentional violation of Chapter 531, F.S., or this rule chapter or of any requirement or standard adopted pursuant thereto, shall result in the imposition of an administrative fine of up to the maximum amount allowable under Section 531.50(1)(b), F.S., per violation. Willful violations shall include the following:

1. The unauthorized breaking, cutting, or removal of any seal or tag applied by the department;

2. Using a weighing or measuring device for commercial purposes after notifying the department the device is not used commercially;

3. Using a device for commercial purposes that has been ordered out of service by the department prior to its being placed back into service in accordance with this rule chapter;

4. The sale or distribution, or offering for sale or distribution, of any commodity under stop sale order;

5. The sale or distribution, or offering for sale or distribution, of any commodity that was previously placed under a stop sale order and that has not been made to conform to standard; and,

6. Violations which result from a failure to comply with a final order, a notice of noncompliance, a stop sale order, or any condition stipulated on a release of a stop sale order.

(7) Resolution of Alleged Violations, Settlement, and Additional Enforcement Remedies.

(a) The department and any person charged with a violation may agree to resolve alleged violations prior to an administrative hearing, or to enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule shall not be construed to limit the authority of the department to resolve alleged violations prior to or after initiation of any administrative action or to settle with any party. The department shall utilize all available remedies to ensure voluntary compliance including administrative action, civil actions, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve alleged violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or 531, F.S.

(b) Failure to respond to an administrative complaint shall result in the entry of a default final order against the violator or entity responsible for the violation. The department shall impose administrative fines in a default final order up to the maximum amount allowable under Section 531.50(1)(b), F.S.

(c) A failure to comply with a final order of the department shall result in additional enforcement actions as authorized by law.

(d) Nothing in this rule shall prohibit the department from exercising the special police powers granted the department under Section 531.42, F.S.

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.42, 531.50(1), 531.65 FS. History–New 8-17-17, Amended 5-24-18, 2-8-21.

Chapter 5J-23 ANTIFREEZE SPECIFICATIONS AND STANDARDS

Fla. Admin. Code R. 5J-23.001 Standards

(1) The performance specifications and standards for all non-recycled antifreeze products are hereby incorporated by reference: ASTM International Designation D3306-21 (approved November 1, 2021), “Standard Specification for Glycol Base Engine Coolant for Automobile and Light-Duty Service,” with the following exceptions:

(a) Antifreeze that is specifically designed for applications (according to the engine/equipment manufacturer) that prohibit the use of 50 percent or more glycol, in the engine coolant system may have a higher freezing point (and consequently a lower boiling point) than required by this subsection, so long as all other product quality specifications listed in this subsection are met along with the following conditions:

1. Proof of the prohibition to use 50 percent or more glycol in the applicable engine coolant systems must be provided to the department.

2. A statement must be printed on the front label of the bottle in a conspicuous font indicating the maximum freezing point and minimum boiling point, if different from the required phase transition points established in ASTM International Designation D3306-21 (approved November 1, 2021), “Standard Specification for Glycol Base Engine Coolant for Automobile and Light-Duty Service,” as incorporated by reference in subsection (1) of this rule, and the label must clearly state the intended applications for its use.

3. The following statement (or similar definitive equivalent statement) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT MAY NOT BE SUITABLE FOR USE IN THE COOLANT SYSTEM OF EVERY ENGINE. THE FREEZING POINT DOES NOT MEET THE MINIMUM REQUIREMENTS FOR ALL GENERAL AUTOMOTIVE APPLICATIONS. CONSULT YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

4. The words “antifreeze,” “antifreeze-coolant,” “antifreeze and summer coolant,” “summer coolant,” or the like, may not be used on any label affixed to the bottle if there is less than ten (10%) percent glycol present in the product.

(b) The performance specifications and standards for 1,3 Propanediol base engine coolants for automobile and light-duty service cooling systems are hereby incorporated by reference: ASTM International Designation D7518-20 (approved April 1, 2020), “Standard Specification for 1,3 Propanediol (PDO) Base Engine Coolant for Automobile and Light-Duty Service.” The following statement (or similar definitive equivalent statement) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS 1,3 PROPANEDIOL. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(c) The performance specifications and standards for Glycerin base engine coolants for automobile and light-duty service cooling systems are hereby incorporated by reference: ASTM International Designation D7714-11 (Reapproved 2021) (approved September 1, 2021), “Standard Specification for Glycerin Base Engine Coolant for Automobile and Light-Duty Service.” The following statement (or similar definitive equivalent statement) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS GLYCERIN. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(d) The performance specifications and standards for all low silicate ethylene glycol base engine coolants for heavy-duty applications are hereby incorporated by reference: ASTM International Designation D4985-10 (Reapproved 2023) (approved September 1, 2023), “Standard Specification for Low Silicate Ethylene Glycol Base Engine Coolant for Heavy Duty Engines Requiring a Pre-Charge of Supplemental Coolant Additive (SCA).”

(e) The performance specifications and standards for glycol base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D6210-17 (approved November 1, 2017), “Standard Specification for Fully-Formulated Glycol Base Engine Coolant for Heavy-Duty Engines.”

(f) The performance specifications and standards for 1,3 Propanediol base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D7517-19 (approved April 1, 2019), “Standard Specification for Fully-Formulated 1,3 Propanediol (PDO) Base Engine Coolant for Heavy-Duty Engines.” The following statement (or similar definitive equivalent statement) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS 1,3 PROPANEDIOL. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(g) The performance specification and standards for Glycerin base engine coolants for heavy-duty engines are hereby incorporated by reference: ASTM International Designation D7715-12 (Reapproved 2021) (approved September 1, 2021), “Standard Specification for Fully-Formulated Glycerin Base Engine Coolant for Heavy-Duty Engines.” The following statement (or similar definitive equivalent statement) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT CONTAINS GLYCERIN. CONSULT WITH YOUR MECHANIC OR ENGINE OWNER’S MANUAL BEFORE USE.

(h) The performance specifications and standards for waterless engine coolants are hereby incorporated by reference: ASTM International Designation D8085-24 (approved September 1, 2024), “Standard Specification for Non-Aqueous Engine Coolant for Automotive and Light-Duty Service.”

(i) The performance specifications and standards for fully formulated glycol-based coolants used in a fuel cell electric vehicle are hereby incorporated by reference: ASTM International Designation D8565-24 (approved May 15, 2024), “Standard Specification for Glycol-Based Coolants for Fuel Cell Electric Vehicles.” The following statement (or similar definitive equivalent statement) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT IS NOT INTENDED FOR USE IN THE COOLANT SYSTEM OF AN INTERNAL COMBUSTION ENGINE. CONSULT WITH YOUR MECHANIC OR VEHICLE OWNER’S MANUAL BEFORE USE.

(j) The performance specifications and standards for fully formulated glycol-based coolants with low electrical conductivity for use in electric vehicles are hereby incorporated by reference: ASTM International Designation D8566-24 (approved May 15, 2024), “Standard Specification for Glycol-Based Electric Vehicle Coolant with Low Electrical Conductivity.” The following statement (or similar definitive equivalent statement) must be printed in all capital letters on the front label or affixed to the front of the bottle in a conspicuous font: THIS PRODUCT IS NOT INTENDED FOR USE IN THE COOLANT SYSTEM OF AN INTERNAL COMBUSTION ENGINE. CONSULT WITH YOUR MECHANIC OR VEHICLE OWNER’S MANUAL BEFORE USE.

(2) The performance specifications and standards for all recycled antifreeze products are hereby incorporated by reference: ASTM International Designation D6471-10 (approved April 1, 2010), “Standard Specification for Recycled Prediluted Aqueous Glycol Base Engine Coolant (50 Volume % Minimum) for Automobile and Light-Duty Service,” and ASTM International Designation D6472-10 (approved April 1, 2010), “Standard Specification for Recycled Glycol Base Engine Coolant Concentrate for Automobile and Light-Duty Service”.

(3) The term “motor vehicle,” as used in Sections 501.91 – 501.923, F.S., shall include stationary and mobile devices that are used on or off-road. Specifically, this term is not restricted to passenger or transportation vehicles only.

(4) Materials. Copies of the ASTM International designations referenced in this rule may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or at http://www.astm.org, and are also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399. Posting of the preceding materials on the internet for purposes of public examination would violate federal copyright law.

(5) In accordance with Section 501.919, F.S., any lot of antifreeze (including products falling under the exceptions in subsection (1) of this rule) that fails to meet applicable standards, as adopted in this rule, shall be placed under stop sale order by the department prohibiting the sale of the antifreeze. Upon resolution of the violation, the lot of antifreeze shall be released by the department.

History

• Rulemaking Authority 501.921, 570.07(23) FS. Law Implemented 501.913, 501.917, 501.919, 501.921 FS. History–New 10-6-93, Amended 7-5-95, 12-9-98, 6-25-00, 10-22-01, 12-9-02, 12-7-04, 2-5-07, 6-4-14, Formerly 5F-10.001, Amended 7-10-19, 5-6-26.

Fla. Admin. Code R. 5J-23.0015 Registration

History

• Rulemaking Authority 501.913, 570.07(23) FS. Law Implemented 501.913, 501.918, 501.919 FS. History–New 6-4-14, Formerly 5F-10.0015, Repealed 7-10-19.

Fla. Admin. Code R. 5J-23.002 Registration

(1) In accordance with Section 501.913, F.S., each brand of antifreeze to be distributed in this state shall be registered annually or biennially with the department prior to distribution or expiration of prior registration certificate and registrant shall make application on FDACS-03211, Antifreeze Registration Application, Rev. 01/26, hereby incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-19115 or on the department’s website at https://www.FDACS.gov. Application shall be made by the manufacturer, packager, or the person whose name appears on the label.

(a) A “manufacturer” is the person or entity producing the antifreeze.

(b) A “packager” is the person or entity that packages the antifreeze in sealed, unbroken packages.

(2) The department shall register a brand of antifreeze authorizing the distribution of the specified antifreeze brand in the state for the specified permit period if the registration requirements are met, pursuant to Section 501.913, F.S., and this rule chapter.

(3) In accordance with Section 501.918(1), F.S., any unregistered brand of antifreeze that was registered in the immediately preceding registration period and has not been renewed shall be disposed of within 90 days of registration expiration. Disposal shall be the responsibility of the registrant and in a manner as prescribed below. If the product has been placed under stop sale order by the department, it must be released by the department prior to the execution of any disposal method. Acceptable disposal methods are:

(a) Removal of all such unregistered antifreeze from this state, not to be distributed again in this state unless successful registration has been completed, or;

(b) Donation of product to a non-profit organization for consumption so long as all donated product is not adulterated and meets all specifications for quality and labeling, as prescribed in Sections 501.91-501.923, F.S.

History

• Rulemaking Authority 501.913, 570.07(23) FS. Law Implemented 501.913, 501.918 FS. History–New 7-10-19, Amended 5-6-26.

Fla. Admin. Code R. 5J-23.003 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Sections 501.91-501.923, F.S. The purpose of the guidelines is to give notice of the range of penalties that will be imposed for a single violation within a three-year period. The three-year period shall be based on the date of issuance of the stop sale order. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. The guidelines in this rule are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Sections 501.91-501.923, F.S., and this rule chapter by issuing a stop sale order and administrative complaint, if applicable, for violations of Sections 501.91-501.923, F.S., and this rule chapter.

(3) Nothing in this rule chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and,

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Sections 501.91-501.923, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors shall include:

1. The violation caused or has the potential to cause harm to a person or property.

2. The violation endangered the public safety or welfare.

3. Previous enforcement actions for the same or a similar offense.

4. The disciplinary history of the violator, including any disciplinary action imposed in this or any other jurisdiction.

5. The violation was repeated within three years.

6. The violator impeded, or otherwise failed to cooperate with, the department’s inspection and/or investigation.

7. Failure to take or initiate affirmative or corrective action within 48 hours after receipt of the stop sale order for the violation.

8. The violation resulted from an intentional act.

9. The number of other violations proven in the same proceeding.

10. The benefit to the violator.

(b) Mitigating Factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Documented financial hardship.

4. Acts of God or nature that impaired the ability of the violator to comply with Sections 501.91-501.923, F.S. or this rule chapter.

5. The violator took or initiated affirmative or corrective action within 48 hours after it received written notification of the violation, including costs incurred by the violator for rectifying any damage or harm to consumers’ vehicles and/or property.

6. The disciplinary history of the violator.

7. If a repeat violation, three years have passed since the prior violation.

8. A statement, in writing, provided to the department declaring acceptance of responsibility for a violation.

(6) Penalties.

(a) Tier I Violations. A Tier I violation shall result in the issuance of a stop sale order. Repeating a Tier I violation within a three-year period shall result in the imposition of an administrative fine not to exceed the statutory maximum set forth in Section 501.922(1)(a), F.S. For the purposes of this rule, the following violations shall be considered Tier I violations:

1. Violations of Section 501.916, F.S.

2. Violations of Sections 501.918(1), (5), (6), (7), and (8), F.S.

3. Violations of Rule 5J-23.002, F.A.C. Each subsequent violation by the same registrant for any brand within a three-year period shall be considered a repeat violation.

(b) Tier II Violations. A Tier II violation shall result in the issuance of a stop sale order and imposition of an administrative fine not to exceed the statutory maximum set forth in Section 501.922(1)(a), F.S. For the purposes of this rule, violations of Section 501.918(2), (3), (4) or (9), F.S., shall be considered Tier II violations.

History

• Rulemaking Authority 501.922, 570.07(23) FS. Law Implemented 501.913, 501.918, 501.919, 501.922, 570.971 FS. History–New 6-4-14, Formerly 5F-10.003, Amended 7-10-19, 5-6-26.

Chapter 5J-24 BRAKE FLUID SPECIFICATIONS AND STANDARDS

Fla. Admin. Code R. 5J-24.001 Performance Specifications and Standards for Motor Vehicle Brake Fluid

(1) The performance specifications and standards for brake fluid adopted by the United States Department of Transportation and contained in Motor Vehicle Safety Standard No. 116, Motor Vehicle Brake Fluid, revised October 1, 2017, as referenced in 49 CFR 571.116, are hereby incorporated by reference as rules of the Department of Agriculture and Consumer Services. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, D.C. 20401, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-10824.

(a) The performance specification and standard for brake fluid is hereby incorporated by reference: SAE International J1703 “Motor Vehicle Brake Fluid,” revised July, 2016.

(b) The performance specification and standard for brake fluid is hereby incorporated by reference: SAE International J1704 “Motor Vehicle Brake Fluid Based Upon Glycols, Glycol Ethers and the Corresponding Borates,” revised July, 2016.

(2) Materials. Copies of the SAE publications referenced in this rule may be obtained at https://www.sae.org, and are also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of this material on the internet for purposes of public examination would violate federal copyright law.

(3) In accordance with Section 526.53(2)(a), F.S., any brake fluid brand/formula sold (as that term is referenced in section 526.50(3), F.S.) in violation of Sections 526.50-526.56, F.S., or this rule chapter shall be placed under stop sale order by the department using FDACS-03206, Stop Sale Order, Rev. 02/17, as incorporated by reference in Rule 5J-22.003, F.A.C., prohibiting the sale of the brake fluid brand/formula combination. Upon resolution of the violation, the brake fluid shall be released by the department, using FDACS-03209, Release, Rev. 02/17 as incorporated by reference in Rule 5J-22.002, F.A.C.

History

• Rulemaking Authority 526.52(1), 526.53(4), 570.07(23) FS. Law Implemented 526.52, 526.53(1), (2) FS. History–New 5-8-78, Formerly 5F-6.01, Amended 12-9-98, 12-9-02, 6-21-04, 2-26-14, Formerly 5F-6.001, Amended 8-8-19.

Fla. Admin. Code R. 5J-24.002 Registration

(1) In accordance with Section 526.51, F.S., each brake fluid brand/formula combination shall be registered or renewed annually or biennially with the department prior to being sold (as that term is referenced in Section 526.50(3), F.S.). Registrant shall make application on FDACS-03212, Brake Fluid Registration Application, Rev. 02/19, hereby incorporated by reference. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-10825. Application shall be made by the owner of the brand name or, pursuant to Section 526.51(1)(a), F.S., by an applicant providing an affidavit from the brand name owner authorizing applicant to make application for registration. Upon successful registration, pursuant to Section 526.51, F.S., and this rule chapter, the department shall permit the brake fluid brand/formula combination authorizing the sale (as the term is referenced in Section 526.50(3), F.S.) of the specified brake fluid brand/formula combination in this state for the permit period.

(2) Application for renewal shall be made on FDACS-03212, Brake Fluid Registration Application, Rev. 02/19, as incorporated in subsection (1) of this rule. If any one or more components of the application package and/or associated registration elements are received after the current permit expiration date, a late fee of $25 shall be added to the renewal fee. Upon successful renewal of registration, pursuant to Section 526.51, F.S., and this rule chapter, the department shall permit the renewed brake fluid brand/formula combination authorizing the sale (as that term is referenced in Section 526.50(3), F.S.) of the specified brake fluid brand/formula combination in this state for the permit period.

(3) Any unregistered brand of brake fluid that was registered in the immediately preceding registration period and has not been or is not currently in the process of being renewed shall be disposed of by the registrant within 30 days of registration expiration. Disposal shall be the responsibility of the registrant and in a manner as prescribed below. If the product has been placed under stop sale order by the department, it must be released by the department prior to the execution of any disposal method. Acceptable disposal methods:

(a) Removal of all unregistered brake fluid product from this state, not to be sold (as that term is referenced in Section 526.50(3), F.S.) again in this state until successful registration has been completed, or;

(b) Donation of product to a non-profit organization for consumption may be allowed as long as all donated product has not been adulterated and meets all specifications for quality and labeling for brake fluid products, as prescribed in Section 526.52, F.S., and this rule chapter.

History

• Rulemaking Authority 526.53(4), 570.07(23) FS. Law Implemented 526.51, 526.52, 526.53 FS. History–New 2-26-14, Formerly 5F-6.002, Amended 8-8-19.

Fla. Admin. Code R. 5J-24.003 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Sections 526.51(3), 526.53 and 526.55, F.S. The purpose of the guidelines is to give notice of the range of penalties that will be imposed for a single violation within a three-year period. The three-year period shall be based on the date of issuance of the stop sale order. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Chapter 526, Part II, F.S., and this rule chapter by issuing a stop sale order and administrative complaint, if applicable, for violations of Chapter 526, Part II, F.S., and this rule chapter.

(3) Nothing in this rule chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of:

1. The closest analogous violation, if any, that is listed in this rule; and,

2. The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 526, Part II, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors shall include:

1. The violation caused or has the potential to cause harm to a person or property.

2. The violation endangered the public safety or welfare.

3. Previous enforcement actions for the same or a similar offense.

4. The disciplinary history of the violation, including any disciplinary action imposed in this or any other jurisdiction.

5. The violation was repeated within one year.

6. The violator impeded, or otherwise failed to cooperate with, the department’s inspection and/or investigation.

7. Failure to take or initiate affirmative or corrective action within 48 hours after receipt of the stop sale order for the violation.

8. The violation resulted from an intentional act.

9. The number of other violations proven in the same proceeding.

10. The benefit to the violator.

(b) Mitigating Factors shall include:

1. Any documented efforts by the violator at rehabilitation.

2. Intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Documented financial hardship.

4. Acts of God or nature that impaired the ability of the violator to comply with Chapter 526, Part II, F.S. or this rule chapter.

5. The violator took or initiated affirmative or corrective action within 48 hours after it received written notification of the violation, including costs incurred by the violator for rectifying any damage or harm to consumers vehicles and/or property.

6. The disciplinary history of the violator.

7. If a repeat violation, three years have passed since the prior violation.

8. A statement, in writing, provided to the department declaring acceptance of responsibility for a violation.

(6) Penalties.

(a) Minor Violations. Minor violations shall result in the issuance of a stop sale order using FDACS-03206, Stop Sale Order, Rev. 02/17, as incorporated by reference in Rule 5J-22.003, F.A.C. For the purposes of this rule, the following violations shall be considered minor violations:

1. Violations of Section 526.52(3)(a), F.S .

2. Violations of Section 526.52(3)(b), F.S.

3. Violations of Section 526.53(5), F.S.

(b) Major Violations: Tier I. – A Tier I violation shall result in the issuance of a stop sale order using FDACS-03206, Stop Sale Order, Rev. 02/17, as incorporated by reference in Rule 5J-22.003, F.A.C. If a second Tier I violation is discovered within a three-year period, a $250 penalty shall be imposed. An additional penalty of $250 shall be added to the fine amount for the previous violation and imposed for each Tier I violation discovered thereafter. Aggravating factors, as defined in paragraph (5)(a) of this rule shall warrant the adjustment of the fine upward from $250 to $2,500 per violation per aggravating factor and mitigating factors, as defined in paragraph (5)(b) of this rule, shall warrant the adjustment of the fine downward from $250 to $2,500 per violation per mitigating factor. For the purposes of this rule, the following violations shall be considered Tier I violations:

1. Violations of subsection 5J-24.002(1), F.A.C. If a complete registration package has been received by the department within 30 calendar days from the date of the stop sale order, the fine shall be mitigated to a warning letter for a first time violation by a registrant if said registrant has never previously registered products subject to this subsection in this state. Subsequent violations by same registrant for any brand/formula combination within a three-year period shall not be mitigated under these provisions.

2. Violations of subsection 5J-24.002(3), F.A.C.

(c) Major Violations: Tier II. A Tier II violation shall result in the issuance of a stop sale order using FDACS-03206, Stop Sale Order, Rev. 02/17, as incorporated by reference in Rule 5J-22.003, F.A.C., and imposition of an administrative fine of $500 per violation for first-time offenders of Chapter 526, Part II, F.S. and/or rule Chapter 5J-24, F.A.C., within a three-year period. An additional penalty of $500 shall be added to the fine amount for the previous violation and imposed for each Tier II violation discovered thereafter. Aggravating factors, as defined in paragraph (5)(a) of this rule, shall warrant the adjustment of the fine upward from $250 to $2,500 per violation per aggravating factor and mitigating factors, as defined in paragraph (5)(b) of this rule, shall warrant the adjustment of the fine downward from $250 to $2,500 per violation per mitigating factor. For the purposes of this rule the following violations shall be considered Tier II violations:

1. Violations of subsection 5J-24.001(1), F.A.C.

2. Violations of Section 526.52(2), F.S.

3. Violations of Section 526.52(3)(c), F.S.

4. Any violation of a stop sale order or the conditions stipulated on a release.

(7) Resolution of Violations, Settlement, and Additional Enforcement Remedies.

(a) The department and person(s) charged with a violation may agree to resolve violations prior to an administrative hearing or to enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule shall not be construed to limit the authority of the department to resolve violations prior to or after initiation of any administrative action or to settle with any party.

(b) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The department shall impose administrative fines in a Default Final Order equal to the maximum amount possible, not to exceed $5,000 per violation.

History

• Rulemaking Authority 526.53(4), 570.07(23) FS. Law Implemented 526.55, 570.971 FS. History–New 2-26-14, Formerly 5F-6.003, Amended 7-10-19.

Chapter 5J-25 DEALERS IN AGRICULTURAL PRODUCTS

Fla. Admin. Code R. 5J-25.001 Bond and/or Certificate of Deposit Required; Agricultural Products

(1) No dealer shall be required to furnish a bond and/or certificate of deposit in an amount greater than one hundred thousand dollars ($100,000).

(2) The maximum amount of bond and/or certificate of deposit required of a dealer shall be no prohibition to a dealer furnishing a bond and/or certificate of deposit in an amount greater than the maximum required.

(3) A separate bond and/or certificate of deposit shall be required to cover each one-year license period.

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.19, 604.20(1) FS. History–New 9-12-79, Amended 1-11-81, 5-2-82, Formerly 5H-1.01, Amended 5-3-90, 7-7-92, 2-26-96, 8-11-96, 1-11-06, Formerly 5H-1.001.

Fla. Admin. Code R. 5J-25.003 License Fee to Be Paid

The license fee for the principal place of business for a dealer in agricultural products shall be based upon the amount of agricultural dealer’s surety bond and/or certificate of deposit furnished by each dealer under the provisions of Section 604.20, F.S., as follows: For bonds and/or certificates of deposit in the amount of $5,000 to $9,999, the license fee is $170. For bonds and/or certificates of deposit in the amount of $10,000 to $14,999, the license fee is $230. For bonds and/or certificates of deposit in the amount of $15,000 or more, the license fee is $300. For each additional place of business which the applicant desires to conduct and names in the application, the additional license fee shall be $100 annually. Should any dealer in agricultural products fail, refuse, or neglect to apply and qualify for the renewal of a license on or before the date of expiration thereof, a penalty of $100 shall apply to and be added to the original license fee and shall be paid by the applicant before the renewal license may be issued.

History

• Rulemaking Authority 604.19, 604.27 FS. Law Implemented 604.19 FS. History–New 9-12-79, Amended 1-11-81, 10-30-85, Formerly 5H-1.03, Amended 12-5-90, 1-11-06, Formerly 5H-1.003.

Fla. Admin. Code R. 5J-25.005 Security Requirements for Grain Dealers

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.33 FS. History–New 2-2-86, Formerly 5H-1.005, Repealed 8-17-17.

Fla. Admin. Code R. 5J-25.006 Definitions

For the purpose of this chapter, the definitions in Section 604.15, F.S., and the following shall apply.

Tropical Foliage means any herbaceous plant originally from tropical climates, that is grown and sold as potted plants, cut foliage, or interiorscapes, primarily for their indoor decorative value. Excluded from this definition are woody temperate zone plants, such as trees, shrubs or woody vines.

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.15, 604.27 FS. History–New 8-15-11, Formerly 5H-1.006.

Fla. Admin. Code R. 5J-25.007 Content of Dealers Records

In accordance with Section 604.22, F.S., each licensed dealer shall preserve for at least twelve (12) months a record of each transaction involving agricultural products. The preserved record may take the form of an invoice, bill of sale, manifest, or other written document showing the date of sale, the name and address of the seller, and the kind or common name and quantity of each agricultural product included in the transaction.

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.22, 604.27 FS. History–New 8-15-11, Formerly 5H-1.007.

Fla. Admin. Code R. 5J-25.008 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Section 604.30, F.S. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $2,500 per violation. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Sections 604.15-.34, F.S., and this rule chapter by issuing an Administrative Complaint for violations.

(3) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining the penalty to be imposed for violations of Sections 604.15-.34, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. Whether a complaint(s) has been filed against the Respondent by a producer (or their agent) of agricultural products in Florida.

2. The violation caused or has the potential to cause harm to a Florida agricultural producer and the degree or extent of such harm.

3. Previous violations for the same or a similar offense that resulted in enforcement action.

4. The length of time the business has been in operation and the violation history over the past three years.

5. The violation existed for a period of six (6) months or more.

6. The violation was repeated within three years.

7. The violator impeded, or otherwise failed to cooperate with, the department’s inspection and/or investigation.

8. Previous disciplinary action within the past three (3) years against the violator in this or any other jurisdiction and the deterrent effect of the penalty imposed.

9. Failure to initiate, complete, or take affirmative or corrective action within twenty-one (21) days of receipt of the Administrative Complaint.

10. Whether the violation resulted from negligence or an intentional act.

11. The cost of enforcement action.

12. The number of other violations proven in the same proceeding.

13. The economic benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at corrective action.

2. Whether intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Financial hardship.

4. Acts of God or nature that impairs the ability of the violator to comply with Sections 604.15-.34, F.S., and this rule chapter.

5. The violation has a low risk of, or did not result in, harm to a Florida agricultural producer.

6. The violator expeditiously took affirmative or corrective action after it received written notification of the violation.

7. If there are no more than three (3) months of subject purchases in the violation period requiring the minimum surety bond or certificate of deposit.

8. If a repeat violation, whether three years has passed since the prior violation.

(4) Penalties.

(a) Minor Violations. A violation of Sections 604.15-.34, F.S., or this rule chapter is a minor violation if it does not result in economic or physical harm to a Florida producer or create a significant threat of such harm. Minor violations shall result in the issuance of an Administrative Complaint and imposition of an administrative fine of $500.00 per violation, for first time offenders. Aggravating factors, as defined in paragraph (3)(a) of this rule, shall warrant the adjustment of the fine upward, but no fine shall exceed the statutory maximum as outlined in Section 604.30(3)(a), F.S. Mitigating factors, as defined in paragraph (3)(b) of this rule, shall warrant the adjustment of the fine downward. For the purposes of this rule, the following violations shall be considered minor violations:

1. Failure to have a license pursuant to Section 604.17, F.S., where the surety bond or certificate of deposit required under Section 604.20(1), F.S., is less than $15,000.

2. Failure to provide delivery tickets after delivery of grain, Section 604.32, F.S.

3. Failure to submit monthly grain dealer reports by the 15th of each month, Section 604.33, F.S.

(b) Major Violations. A violation of Sections 604.15-.34, F.S., or this rule chapter is a major violation if it results in economic or physical harm to a Florida producer or creates a significant threat of such harm. Major violations shall result in the issuance of an Administrative Complaint and imposition of an administrative fine of $1,000.00 per violation, for first time offenders, and $2,500 per violation, for second-time or repeat offenders. Aggravating factors, as defined in paragraph (3)(a) of this rule, shall warrant the adjustment of the fine upward, but no fine shall be greater than $2,500.00 per violation as provided by Section 604.30(3)(a), F.S. Mitigating factors, as defined in paragraph (3)(b) of this rule, shall warrant the adjustment of the fine downward, but no fine shall be less than $100.00. For the purposes of this rule, the following violations shall be considered major violations:

1. Failure to have a license pursuant to Section 604.17, F.S., where the surety bond or certificate of deposit required under Section 604.20(1), F.S., is equal to or greater than $15,000.

2. Failure to have a license pursuant to Section 604.17, F.S., when a Florida producer has filed a claim against the Respondent under Section 604.21, F.S.

3. Failure to increase the amount of surety bond or certificate of deposit after receiving notice that such increase is required under Section 604.20(2), F.S.

4. Failure to produce records upon request pursuant to Sections 604.22 and 604.23, F.S.

5. Failure to maintain security requirements pursuant to Section 604.33, F.S.

6. Any violation of Sections 604.15-.34, F.S., or this rule chapter occurring within three years of the issuance of an Administrative Complaint or Final Order, or the date of entry of a settlement agreement or Satisfaction of Final Order.

(c) Willful Violations.

1. Any willful and intentional violation of Sections 604.15-.34, F.S., this rule chapter, a Final Order, or the conditions stipulated in a settlement agreement shall result in the imposition of an administrative fine of $2,500 per violation.

(5) A violator who fails to pay an administrative fine imposed by a Final Order for violations of Sections 604.15-.34, F.S., or this rule chapter within 15 days of the order’s entry by the department shall be subject to suspension or revocation of the dealer’s license and an additional fine of $100.00 per day while in violation of such order.

(6) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(7) Resolution of Violations, Settlement, and Additional Enforcement Remedies.

(a) Nothing in this rule shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(b) The department and person charged with a violation may agree to resolve violations prior to an administrative hearing, or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule shall not be construed to limit the authority of the department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Section 120.69 or 604.15-.34, F.S.

(c) Failure to respond to an Administrative Complaint shall result in the entry of a Final Order against the violator or entity responsible for the violation imposing an administrative fine of $2,500.00, the statutory maximum allowable under Section 604.30(3)(a), F.S.

(d) A failure to comply with a Final Order of the department shall result in any applicable license revocation and an administrative fine equal to the maximum amount as allowable under Section 604.30(3), F.S.

(e) The provisions of this rule shall not be construed so as to prohibit or limit any other civil action for enforcement of additional penalties or criminal prosecution that may be brought.

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.27, 604.30 FS. History–New 8-15-11, Formerly 5H-1.008.

Fla. Admin. Code R. 5J-25.009 Documents Incorporated By Reference

The following documents are hereby incorporated by reference. Copies of these documents may be obtained from the Division of Consumer Services Agricultural Dealer’s Licenses at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or online as indicated.

(1) Assignment of Certificate of Deposit, FDACS-06300 (Rev. 03/11), http://www.flrules.org/Gateway/reference.asp?No=Ref-00436.

(2) Statement of Exemption, FDACS-06301 (Rev. 12/17), http://www.flrules.org/Gateway/reference.asp?No=Ref-09051.

(3) Application for Agricultural Products Dealer License, FDACS-06302 (Rev. 12/17), http://www.flrules.org/Gateway/reference.asp?No=Ref-09052.

(4) Agricultural Products Dealer Bond, FDACS-06303 (Rev. 03/17), http://www.flrules.org/Gateway/reference.asp?No=Ref-08498.

(5) Answer of Respondent, FDACS-06314 (Rev. 03/17), http://www.flrules.org/Gateway/reference.asp?No=Ref-08499.

(6) Agricultural Products Dealer Claim Package, FDACS-06329 (Rev. 05/17), http://www.flrules.org/Gateway/reference.asp?No=Ref-08500.

History

• Rulemaking Authority 534.48, 570.07(23), 604.27 FS. Law Implemented 534.48, 601.66, 604.16, 604.18, 604.20, 604.21, 604.23, 604.33 FS. History–New 8-15-11, Formerly 5H-1.009, Amended 8-17-17, 2-22-18.

Chapter 5J-26 Military Veterans

Fla. Admin. Code R. 5J-26.001 Military Fee Waiver

(1) Applicants seeking a waiver must submit FDACS-10991, Military Fee Waiver Request, Rev. 10/18, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-10137.

(2) The waiver request and required documentation must be submitted to the department along with a completed program registration application.

History

• Rulemaking Authority 472.008, 501.014(2), 501.626, 507.09(3), 527.06, 539.001(21), 559.92201, 559.9355(3), 570.07(23) FS. Law Implemented 472.015(3)(b), 472.016, 501.015(2), 501.605(5)(b), 501.607(2)(b), 501.609, 507.03(3)(b), (c), 527.02(3)(b), (c), 539.001(3)(c), (g), 559.904(3)(b), (c), 559.928(2)(c), (d) FS. History–New 2-12-17, Amended 10-31-17, 1-10-19.

Chapter 5J-27 FOREIGN OWNERSHIP OF AGRICULTURAL LAND

Fla. Admin. Code R. 5J-27.001 Definitions

For the purpose of administering section 692.202, F.S., and these rules, the following definitions apply:

(1) “Clear and present danger” means an immediate danger to the public health, safety, or welfare or other substantial loss to the state.

(2) For the purpose of interpreting the definition of “foreign principal” in section 692.201(4), F.S., “controlling interest” has the same meaning as defined in section 287.138(1)(a), F.S. Individuals approved by the federal government to participate in the EB-5 Program are excluded from this definition.

(3) For the purpose of administering section 692.202(1), F.S., “controlling interest in agricultural land” means any interest which gives the foreign principal two or more of the following rights, whether or not the rights are exercised or shared concurrently with any other person, and whether or not the underlying agricultural land is subject to an easement or other encumbrance:

(a) To physically access the agricultural land;

(b) To exclude others from physically accessing the agricultural land;

(c) To improve or develop the agricultural land; or

(d) To attach fixed or immovable structures or objects to the agricultural land.

(4) “De Minimis Indirect Interest” has the same meaning as defined in section 692.202(1), F.S.

(5) “Department” means the Florida Department of Agriculture and Consumer Services.

(6) “Directly own” means the foreign principal holds equitable or legal title to the agricultural land in their own name.

(7) “Domicile” means the place where the individual is physically present and intends to remain permanently or indefinitely.

(8) “Indirectly own” means the foreign principal has an interest in an entity that has equitable or legal title to the agricultural land; or the foreign principal has an interest in the agricultural land, but the equitable or legal title to the agricultural land is held by another entity or individual.

(9) “Interest in agricultural land” means all or part of an equitable or legal title to the agricultural land.

(10) “Official documentation” means documentation issued by U.S. Citizenship and Immigration Services.

(11) “Own” means to have equitable or legal title to the agricultural land.

History

• Rulemaking Authority 692.202(9), 570.07(23) FS. Law Implemented 692.202, FS. History–New 4-4-24.

Fla. Admin. Code R. 5J-27.002 Agricultural Land Transactions Prior to July 1, 2023

A foreign principal that executed a contract for the purchase of agricultural land in the state of Florida prior to July 1, 2023, may own or acquire the agricultural land that is the subject of the contract on or after July 1, 2023. Such individuals are required to register pursuant to rule 5J-27.003, F.A.C.

History

• Rulemaking Authority 692.202(9), 570.07(23) FS. Law Implemented 692.202, FS. History–New 4-4-24.

Fla. Admin. Code R. 5J-27.003 Registration

(1) Registration for Agricultural Land Owned or Acquired Prior to July 1, 2023.

(a) A foreign principal who owns or acquires a legal or equitable interest, other than a de minimis indirect interest, in agricultural land or any interest in such land in Florida prior to July 1, 2023, must register with the Department in accordance with this rule.

(b) A foreign principal must register with the Department on or before January 1, 2024, to be deemed timely registered. A foreign principal is not required to register if the foreign principal fully divests their interest in agricultural land prior to January 1, 2024.

(c) A foreign principal who registers after January 31, 2024, shall be deemed late and will have fines assessed in accordance with rule 5J-27.004, F.A.C.

(2) Registration for Agricultural Land Acquired on or After July 1, 2023, as authorized under section 692.202(4), F.S.

(a) A foreign principal who acquires agricultural land or any interest in such land, other than a de minimis indirect interest, on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, must register with the Department within 30 days after the property is owned or acquired by the foreign principal.

(b) If the foreign principal acquired the agricultural land or any interest therein between July 1, 2023, and the effective date of this rule, the foreign principal will have 30 days from the effective date of this rule to register with the Department to be deemed timely registered.

(c) The foreign principal must submit an updated registration form within three years of acquiring the agricultural land demonstrating the sale, transfer, or other divestment of such agricultural land.

(d) A foreign principal who registers more than 30 days after the agricultural land is owned or acquired shall be deemed late and will have fines assessed in accordance with rule 5J-27.004, F.A.C.

(3) Registration Method.

A foreign principal required to register agricultural land must submit FDACS-10993, Agricultural Land Owned by a Foreign Principal, 12/23, hereby incorporated by reference, or by using the online registration system on the Department’s website at https://www.fdacs.gov. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-16510.

(4) Updated Registrations.

(a) A foreign principal must update their registration with the Department if any of the following occur:

1. The foreign principal sold the agricultural land;

2. The foreign principal no longer owns the agricultural land;

3. The foreign principal’s agricultural land is no longer classified as agricultural under section 193.461, F.S.;

4. The foreign principal no longer has any interest in the agricultural land; or

5. The foreign principal no longer meets the definition of a foreign principal as that term is defined in section 692.201, F.S.

(b) A foreign principal’s registration must be updated using the online registration system on the Department’s website at https://www.fdacs.gov/.online or by written notification to the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500.

(5) The prohibition and registration requirements prescribed by section 692.202, F.S., shall not apply with respect to any interest that is a de minimis indirect interest.

History

• Rulemaking Authority 692.202(9), 570.07(23) FS. Law Implemented 692.202, FS. History–New 4-4-24.

Fla. Admin. Code R. 5J-27.004 Fines

(1) The Department will impose a $1,000 fine against the foreign principal for each day that the registration is late. The registration will be deemed late if it is filed more than 30 days after the agricultural land is owned or acquired by the foreign principal or as otherwise provided for by this rule.

(2) The Department will issue a notice of violation to any foreign principal found in violation of section 692.202(3)(a), F.S., prior to final agency action. Such notice will include hearing rights pursuant to section 120.569, F.S.

(3) Fines imposed are due and payable to the Department within 30 days of entry of the final order unless otherwise stated in the final order.

History

• Rulemaking Authority 692.202(9), 570.07(23) FS. Law Implemented 692.202, FS. History–New 4-4-24.

Fla. Admin. Code R. 5J-27.005 Liens

(1) The Department may place a lien on the foreign principal’s agricultural land for any fines that are not paid within 30 days of entry of the final order unless otherwise stated in the final order.

(2) Any correspondence related to the release of liens pursuant to this rule should be directed to the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500.

History

• Rulemaking Authority 692.202(9), 570.07(23) FS. Law Implemented 692.202, FS. History–New 4-4-24.

Fla. Admin. Code R. 5J-27.006 Rebuttable Presumption

(1) A closing agent who relies on and maintains a copy of the affidavit specified in section 692.202(5), F.S., has established a rebuttable presumption that the closing agent did not have actual knowledge that the real estate transaction violated section 692.202, F.S.

(2) A seller of agricultural land who relies on and maintains a copy of the affidavit specified in section 692.202(5), F.S., has established a rebuttable presumption that the seller did not have actual knowledge that the real estate transaction violated section 692.202, F.S.

History

• Rulemaking Authority 692.202(9), 570.07(23) FS. Law Implemented 692.202, FS. History–New 4-4-24.

Chapter 5J-28 ELECTRIC VEHICLE SUPPLY EQUIPMENT

Fla. Admin. Code R. 5J-28.001 Definitions

As used in this chapter:

(1) “Charger” means the portion of the EVSE that connects to the EV and includes the charging cables, charging connectors, and any internal meter used to measure the electricity transferred to the EV.

(2) “Charging connector” means the portion of the charger that transfers electricity to the EV via conductive, inductive, or wireless power transfer. Charging connectors are also known as plugs, socket-outlets, and vehicle connectors. Chargers may have more than one charging connector.

(3) “Charging station” means the area in the immediate vicinity of EVSE or group of EVSE, and includes the EVSE, supporting electrical equipment, and EV parking spaces designated for EV fueling. A charging station may comprise only part of the property on which it is located.

(4) “Department” means the Department of Agriculture and Consumer Services.

(5) “Electric vehicle” or “EV” means an automotive-type vehicle, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are electric vehicles having a second source of motive power. It does not include golf carts, electric scooters, electric bicycles, or other micromobility devices.

(6) “Electric vehicle supply equipment” or “EVSE” means equipment for the charging of electric vehicles, including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personnel protection system, and all other fittings, devices, power outlets, or apparatus installed for the purpose of transferring energy between the premises wiring and the electric vehicle.

(7) “EV parking space” means a parking space that has been designated for the charging of electric vehicles.

(8) “Level 1 charger” means EVSE with a 120-volt circuit that transfers alternating current electricity to an EV.

(9) “Level 2 charger” means EVSE with a 208-volt to 240-volt circuit that transfers alternating current electricity to an EV.

(10) “Level 3 charger” means EVSE that delivers direct current electricity directly to an EV’s battery. Level 3 chargers are also known as direct current fast chargers or DCFC.

(11) “Local government entity” means the governing authority of a municipality, county, special district, or other political subdivision of the state.

(12) “Operator” means the entity or entities responsible for the operation and/or maintenance of the charging station and compliance with this rule chapter. The operator and owner of the EV charging station may be the same entity.

History

• Rulemaking Authority 366.94(3)(a), (b) FS. Law Implemented 366.94(3) FS. History–New 5-1-25, Technical Change 7-31-25.

Fla. Admin. Code R. 5J-28.002 Local Government Entities

(1) A local government entity may not enact or enforce any ordinance or regulation related to EV charging stations or create a condition for a permit or other approval for such stations, that would require a minimum or maximum number of chargers, EV parking spaces, or other type of EV infrastructure for the development, construction, or modification of any new or existing structure.

(2) EV parking spaces that are part of an EV charging station shall be included in the total parking space count used to determine compliance with local parking requirements.

(3) The addition of EV chargers at an EV charging station that reduces the total number of parking spaces at a location may not affect the location’s original compliance with local parking space minimums.

(4) Nothing in this rule chapter shall be construed to limit the ability of a local government entity to:

(a) Acquire, own, use, install, or operate EVSE or charging stations, or offer EV charging services to the public;

(b) Enter into contracts or offer incentive programs relating to EV charging stations or EVSE that include requirements that would otherwise be prohibited by this rule; or

(c) Issue electrical permits and perform electrical permitting inspections based on safety standards in Rule 5J-28.003, F.A.C.

(5) Permitting inspections for EV charging stations shall not include requirements unrelated to safety standards.

(6) All levels of EVSE installed at an EV charging station shall be approved for accessory use in all zoning districts absent health and safety concerns.

(7) All levels of EVSE installed at an EV charging station shall be approved for primary use in all commercial and industrial zoning districts absent health and safety concerns.

(8) All required permitting, including inspections, must be completed, and a permit issued to the applicant or the application denied within ninety (90) days from the receipt of a complete permit application.

(9) Upon receipt of a permit application, the local government entity shall examine the application and notify the applicant within 30 days of any errors or omissions and request any additional information the local government entity requires. A local government entity may not deny an application based on failure to submit additional information or correct an error or omission unless the applicant was timely notified. The notice shall request that any additional information be submitted and that the errors or omissions be corrected within 30 days of the notification. If the local government entity fails to provide timely notification of any error or omission or request additional information, then the application shall be considered complete as of the date it was originally received. When a local government entity does provide timely notification, then the application shall be considered complete upon receipt of all required information and correction of any error or omission for which the applicant was timely notified, when the time to provide additional information and correct errors or omissions has expired, or when the applicant has requested that the local government entity proceed to process the application. All permit application approvals are subject to passage of on-site safety inspections.

History

• Rulemaking Authority 366.94(3)(a), (b) FS. Law Implemented 366.94(3) FS. History–New 5-1-25, Technical Change 7-31-25.

Fla. Admin. Code R. 5J-28.003 Safety

(1) All EVSE installed at an EV charging station shall comply with the safety standards of the National Fire Protection Association as published in NFPA 70, National Electrical Code, Article 625 as adopted by the Department of Financial Services, Division of State Fire Marshal in Rule 69A-3.012, F.A.C.

(2) All EVSE installed at an EV charging station shall be listed and comply with the safety standards as adopted by the Department of Financial Services, Division of State Fire Marshal in Chapter 69A-60, F.A.C.

(3) All EVSE installed at an EV charging station shall comply with relevant safety provisions of the Florida Building Code as adopted in Rule 61G20-1.001, F.A.C.

(4) All EVSE installed at an EV charging station shall be installed by a certified or registered electrical contractor, in accordance with the EVSE manufacturer’s requirements, the standards of NFPA 70, and the Florida Building Code, as referenced in this rule.

(5) The operator of the EV charging station must retain the installation records demonstrating compliance with subsections (1) through (3) for five years following installation and provide such records to the department within ten business days if requested.

(6) All EVSE installed at an EV charging station must be inspected and maintained by the operator of the EVSE to ensure compliance with this rule and all maintenance and/or testing intervals required by the manufacturer of the EVSE.

History

• Rulemaking Authority 366.94(3)(a), (b) FS. Law Implemented 366.94(3)(b) FS. History–New 5-1-25, Technical Change 7-31-25.

Fla. Admin. Code R. 5J-28.004 Installation and Design

(1) EVSE may be installed as part of an EV charging station in any location upon a commercial property necessary to ease access to current utilities.

(2) EVSE infrastructure that is part of an EV charging station shall be considered electrical or utility equipment and may encroach upon required setbacks established by local government entities if necessary to aid the most efficient access to current utilities.

(3) The placement of EVSE associated with an EV charging station must comply with all applicable provisions of state law and may not limit or block access to public utilities.

History

• Rulemaking Authority 366.94(3)(a), (b) FS. Law Implemented 366.94(3)(b) FS. History–New 5-1-25, Technical Change 7-31-25.

Fla. Admin. Code R. 5J-28.005 Signage

In addition to the requirements of Chapter 531, F.S., the rules adopted thereunder, and other applicable portions of state law, each EV charging station or EV charger must display the following minimum signage:

(1) Each EV charger shall have a unique identifier, with respect to the EV charging station, posted on the front exterior panel of the charger, in full view of the consumer, that identifies the charger and/or charging connector.

(2) Each EV charging station shall have a sign conspicuously posted indicating that EV parking spaces are to be used exclusively by EVs for charging purposes if the parking spaces are specifically designated for the sole purpose of EV charging. The sign shall include the phrase “Electric Vehicle Charging Only” and display the maximum applicable fines that may be levied by local law enforcement approved pursuant to Chapter 316, F.S., the Florida Uniform Traffic Control Law.

(3) Signage shall be posted or electronically displayed on or next to each charger and must include:

(a) All labeling requirements detailed in NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, and NIST Handbook 130, Uniform Regulation for the Method of Sale of Commodities as adopted in Rules 5J-22.002 and 5J-22.003, F.A.C.;

(b) Charging safety information recommended or required by the charger’s manufacturer;

(4) Signage shall be posted or electronically displayed in a conspicuous location that is clearly visible from the public entrance of the EV charging station and includes:

(a) Contact information that consumers can use to report any issues to the charger operator; and

(b) Contact information for the department complaint hotline which shall read “Report Safety Issues to the Florida Department of Agriculture and Consumer Services at 1-800-HELP-FLA.”

History

• Rulemaking Authority 366.94(3)(a), (b) FS. Law Implemented 366.94(3)(a), (b) FS. History–New 5-1-25, Technical Change 7-31-25.

Fla. Admin. Code R. 5J-28.006 Registration

Before a charger is placed into service at an EV charging station for use by the public, the operator must submit FDACS-10994, Electric Vehicle Charging Station Registration, 04/25, hereby incorporated by reference, or by using the online registration system on the department’s website at https://www.fdacs.gov. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-18018.

(1) The form must include, at a minimum, the following information:

(a) The name, address, phone number, and email address of the operator;

(b) The address of the charging station where the charger is located;

(c) The type of charger (i.e., Level 1, Level 2, Level 3, Other);

(d) The number of charging connectors on the charger/number of vehicles that can receive a charge simultaneously;

(e) Whether the charger is a networked charger, and if so, the names and contact information of the charging network and charging network provider;

(f) Whether use of the charger is available to the general public or is limited to specific people or entities; and

(g) Whether a fee for use of the charger is required.

(2) The operator must notify the department in writing of any change in the information required by subsection (1) within 30 days of such change.

(3) The requirements of this rule apply regardless of whether there is a fee or cost associated with the use of the charger.

(4) This rule does not apply to chargers that are not available for public use, such as chargers that are:

(a) Solely for fleet or employee use by private businesses;

(b) For government use; or

(c) Installed at multifamily residential dwellings, if offered as an amenity, for personal use by the occupants.

(5) The operators of EV charging stations that are in operation before this rule becomes effective will have 90 days from this rule’s effective date to comply with this rule.

History

• Rulemaking Authority 366.94(3)(a), (b) FS. Law Implemented 366.94(3)(d) FS. History–New 5-1-25, Technical Change 7-31-25.

Fla. Admin. Code R. 5J-28.007 Prohibitions

(1) Methods of sale other than sales based on the cost per unit of energy in kilowatt-hours, as required by Rule 5J-22.003, F.A.C., or based on a subscription contract that includes the cost of the energy received, are prohibited.

(2) Fees assessed for other services in direct connection with the fueling of the vehicle, or any similar fee in addition to the fees charged for the units of energy received, excluding idle time fees, are prohibited. All costs to the consumer, including taxes, must be included in the cost per unit of energy or total cost of the subscription-based service.

(3) Parking fees for the use of public parking spaces in lots or parking structures are not considered services directly connected with the fueling of a vehicle for the purpose of subsection (2).

(4) EV charging stations that are solely used for fleet fueling purposes are exempt from the provisions of this rule.

History

• Rulemaking Authority 366.94(3)(a), (b), 531.41(3) FS. Law Implemented 366.94(3)(a), (b), 531.45 FS. History–New 5-1-25, Technical Change 7-31-25.

Fla. Admin. Code R. 5J-28.008 Enforcement

(1) The department may take one or more of the following actions against an operator for any violation of section 366.94, F.S. or this rule chapter:

(a) Issuance of a warning letter.

(b) Imposition of an administrative fine in the Class II category pursuant to section 570.971, F.S.

(2) If the department determines that an electric vehicle charging station or any charging station equipment presents a threat to the public health, safety, or welfare, the department may issue an immediate final order prohibiting the use of the charging station or any portion thereof.

History

• Rulemaking Authority 366.94(3)(a), (b), 531.41(3) FS. Law Implemented 366.94(3)(e), 531.50 FS. History–New 5-1-25, Technical Change 7-31-25.

Division 5D Division of Dairy Industry

Chapter 5D-1 MILK, MILK PRODUCTS AND FROZEN DESSERTS

Fla. Admin. Code R. 5D-1.001 Documents Incorporated by Reference and Definitions

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.012, 502.014, 503.031, 502.053, 502.091 FS. History–New 7-24-70, Amended 1-26-81, 8-31-82, 10-9-86, Formerly 5D-1.01, Amended 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 11-29-95, 10-15-03, 4-14-08, Transferred to 5K-4.041.

Fla. Admin. Code R. 5D-1.002 Reconstituted or Recombined Milk; Adulterated or Misbranded Milk or Milk Products – Administrative Procedures. (Repealed)

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 9-21-67, Amended 1-26-81, Formerly 5D-1.02, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.003 Permits, Licenses and Inspections

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.032, 502.053, 502.091, 502.165, 502.231, 503.031, 503.041, 503.051 FS. History–New 9-21-67, Amended 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.03, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 7-2-95, 10-15-03, 4-14-08, Transferred to 5K-4.042.

Fla. Admin. Code R. 5D-1.004 Labeling

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 9-21-67, Amended 10-20-67, 7-1-69, 9-30-72, 1-26-81, 8-31-82, 8-16-84, 6-30-85, Formerly 5D-1.04, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 12-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.005 Inspection of Dairy Farms, Milk Plants and Other Facilities Related to the Producing, Processing, Storage, Hauling and Distribution of Milk Products

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 9-21-67, Amended 1-26-67, 8-31-82, Formerly 5D-1.05, Amended 12-29-88, 6-27-90, 8-29-93, 12-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.006 The Examination of Milk and Milk Products

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 1-26-81, Amended 8-31-82, 8-16-84, Formerly 5D-1.06, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 12-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.0061 Inspections

History

• Rulemaking Authority 503.014 FS. Law Implemented 503.014 FS. History‒New 1-26-81, Amended 8-31-82, Formerly 5D-1.061, Amended 6-27-90, 8-29-93, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.0068 Animal Health

History

• Rulemaking Authority 503.014 FS. Law Implemented 503.014 FS. History‒New 1-26-81, Amended 8-31-82, Formerly 5D-1.061, Amended 6-27-90, 8-29-93, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.007 Dating; Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Desserts

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.042, 502.091, 503.031 FS. History–New 9-21-67, Amended 9-26-69, 12-24-71, 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.07, Amended 10-9-86, 5-19-87, 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 10-15-03, 4-14-08, Transferred to 5K-4.043.

Fla. Admin. Code R. 5D-1.008 Animal Health

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 9-21-67, Amended 12-24-79, 1-26-81, Formerly 5D-1.08, Amended 12-29-88, 8-29-93, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.0091 Enforcement

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 1-26-81, Amended 8-31-84, Formerly 5D-1.091, Amended 6-27-90, 8-29-93, 12-4-94 Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.010 Transferring; Delivery Containers; Cooling

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 9-21-67, Amended 1-26-81, Formerly 5D-1.10, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.011 Milk and Milk Products from Points beyond the Limits of Routine Inspection

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 9-21-67, Amended 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.11, Amended 12-29-88, 8-29-93, 12-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.012 Future Dairy Farms, Milk Plants, Manufacturing Milk Plants and Frozen Dessert Plants

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.053, 502.091, 502.121, 503.031 FS. History–New 9-21-67, Amended 10-27-67, 3-19-69, 1-26-81, 8-16-84, Formerly 5D-1.12, Amended 6-27-90, 7-2-95, 10-15-03, 4-14-08, Transferred to 5K-4.044.

Fla. Admin. Code R. 5D-1.013 Personnel Health

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 1-26-81, Formerly 5D-1.13, Amended 12-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.014 Procedure When Infection Is Suspected

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 1-26-81, Formerly 5D-1.14, Amended 12-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.016 Imitation Milk and Milk Products

History

• Rulemaking Authority 500.09, 500.20, 502.191 FS. Law Implemented 500.03, 500.11(3), 500.11(9)(b) FS. History‒New 2-20-68, Formerly 5D-1.16, Repealed 2-22-79.

Fla. Admin. Code R. 5D-1.017 Appendices

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014 FS. History‒New 9-21-67, Amended 1-26-81, Formerly 5D-1.17, Amended 8-29-93, 12-4-94, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.018 Adopting by Reference the Standard Methods for the Examination of Dairy Products, 15th Edition, and 15th Edition of Official Methods of Analysis of the Association of Official Analytical Chemists

History

• Rulemaking Authority 503.014 FS. Law Implemented 503.014 FS. History‒New 1-26-81, Amended 8-31-82, Formerly 5D-1.061, Amended 6-27-90, 8-29-93, Repealed 7-2-95.

Fla. Admin. Code R. 5D-1.019 Milkfat Testing

History

• Rulemaking Authority 502.014, 570.07(23) FS. Law Implemented 502.032 FS. History‒New 8-16-84, Formerly 5D-1.19, Amended 10-9-86, 8-29-93, 12-4-94, Repealed 7-2-95.

Division 5K Division of Food Safety

Chapter 5K-1 MEAT INSPECTION

Fla. Admin. Code R. 5K-1.003 Application for Inspection, Fees, Rejection of Application, Updates, Renewal, Official Numbers and Withdrawal of Inspection

History

• Rulemaking Authority 585.002(4), 585.715(2) FS. Law Implemented 585.74(1), (2), (4), (5), (7), 585.72(2), 585.75(2), 585.79, 585.84, 585.91(1), (2), (4), (6), (7) FS. History–New 6-29-62, Formerly 5C-1.03, Amended 1-5-94, Formerly 5C-1.003, Amended 7-5-95, 1-17-96, Repealed 12-14-08.

Fla. Admin. Code R. 5K-1.0051 Schedule of Operations, Water Supply for Cleaning, Application of Pesticides, Vehicles Transporting Animal Products, Permission for Release of Stop-Sale Product, and Retention Tags

History

• Rulemaking Authority 585.002(4), 585.715(2) FS. Law Implemented 585.71, 585.74(2), 585.78, 585.80(3), 585.90, 585.83, 585.91 FS. History–New 1-5-94, Formerly 5C-1.0051, Amended 7-5-95, 1-17-96, Repealed 12-14-08.

Fla. Admin. Code R. 5K-1.0052 Water Supply for Cleaning

History

• Rulemaking Authority 585.002(3) FS. Law Implemented 585.74(2), 585.78, 585.83, 585.91 FS. History–New 1-5-94, Formerly 5C-1.0052, Repealed 7-5-95.

Fla. Admin. Code R. 5K-1.0053 Application of Pesticides

History

• Rulemaking Authority 585.002(3) FS. Law Implemented 585.74(2), 585.91 FS. History–New 1-5-94, Formerly 5C-1.0053, Repealed 7-5-95.

Fla. Admin. Code R. 5K-1.0054 Vehicles Transporting Animal Products

History

• Rulemaking Authority 585.002(3) FS. Law Implemented 585.80(3) FS. History–New 1-5-94, Formerly 5C-1.0054, Repealed 7-5-95.

Fla. Admin. Code R. 5K-1.0055 Interference with Department Employees

History

• Rulemaking Authority 585.002(3) FS. Law Implemented 585.90 FS. History–New 1-5-94, Formerly 5C-1.0056, Repealed 7-5-95.

Fla. Admin. Code R. 5K-1.0056 Permission for Release of Stop-Sale Product

History

• Rulemaking Authority 585.002(3) FS. Law Implemented 585.74(2), 585.78, 585.83, 585.91 FS. History–New 1-5-94, Formerly 5C-1.0052, Repealed 7-5-95.

Fla. Admin. Code R. 5K-1.019 United States Federal Regulations for Mandatory Meat Inspection and Mandatory Poultry Product Inspection, U.S.D.A. Directives, and Parts XI and XII of the State Performance Plan Adopted

History

• Rulemaking Authority 585.002(4), 585.715(2) FS. Law Implemented 570.07(2), 585.72, 585.73, 585.74, 585.75, 585.76, 585.77, 585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84, 585.85, 585.86, 585.87, 585.89, 585.90, 585.902, 585.903, 585.904, 585.905, 585.91, 585.93 FS. History–New 3-20-71, Formerly 5C-1.19, Amended 1-5-94, Formerly 5C-1.019, Amended 10-30-95, 1-17-96, 9-3-96, 4-10-97, Repealed 12-14-08.

Fla. Admin. Code R. 5K-1.020 Approved Methods of Humane Slaughter

History

• Rulemaking Authority 828.25(1) FS. Law Implemented 828.22, 828.24 FS. History–New 7-5-95, Repealed 12-14-08.

Fla. Admin. Code R. 5K-1.021 Inspection of Nontraditional Livestock - Requirements, Scheduling, Inspection Marks, Fees

History

• Rulemaking Authority 585.002(4), 585.715(2), 585.93 FS. Law Implemented 585.93 FS. History–New 1-17-96, Repealed 12-14-08.

Chapter 5K-4 FOOD

Fla. Admin. Code R. 5K-4.001 Definitions

History

• Rulemaking Authority 500.20 FS. Law Implemented Chapter 500 FS. History–New 3-1-72, Amended 12-31-74, Formerly 5E-6.01, 5E-6.001, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.002 Adoption of Federal Regulations and Other Standards

(1) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) Code of Federal Regulations Title 7 – Agriculture, Part 56, Sections 56.1-56.2, 56.35-56.37, 56.39-56.41, 56.75-56.77, Part 57, Sections 57.1, 57.35, 57.45, 57.800-57.860, 57.900-57.970, and Part 70, Sections 70.1-70.2, 70.50-70.55, 70.110, revised as of January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-11756.

(b) Code of Federal Regulations Title 9 – Animal and Animal Products, Parts 301, 303, 316-317, Part 318, Sections 318.10, 318.16, 318.20, Part 319, Part 352, Sections 352.1 and 352.7, Part 354, Sections 354.1, 354.70-354.72, and Part 381, Sections 381.1-381.15, 381.125, revised as of January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-11758.

(c) Code of Federal Regulations Title 19 – Custom Duties, Part 134, revised as of April 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-11760.

(d) Code of Federal Regulations Title 21 – Food and Drugs, Part 1 (Excluding subparts L, and M), Part 2, Sections 2.5, 2.25-2.125, Parts 7, 70, 73-74, 100, Part 101, (excluding section 101.8, subsection 101.9(g)(2) and section 101.11), Parts 102-109, Part 111, Sections 112.3, 112.12, 112.44(a)(1)-(4), 112.140, 112.49(a), Subparts C, and L-O pertaining only to sprouts, Part 117 (except for 117.80(c)(3)) is amended to require refrigerated foods to be maintained at a temperature of 41 degrees Fahrenheit (5 degrees Celsius) or below and require that hot foods be maintained at a temperature of 135 degrees Fahrenheit (57 degrees Celsius) or above, Part 113 – 190 and Part 1240, revised as of April 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-11761.

(e) Code of Federal Regulations Title 40 – Protection of Environment, Part 180, (excluding subsection 180.6(d) and Section 180.101), revised as of July 1, 2018, http://www.flrules.org/Gateway/reference.asp?No=Ref-11762.

(2) The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) The action levels for food defects declared by the United States Food and Drug Administration and referenced in the FDA/CFSAN Defect Action Level Handbook, The Food Defect Action Levels, May 1995 (Revised May 1998), http://www.flrules.org/Gateway/reference.asp?No=Ref-04900.

(b) Industry Activities Staff Booklet, Action Levels for Poisonous or Deleterious Substances in Human Food and Animal Feed (August 2000), http://www.flrules.org/Gateway/reference.asp?No=Ref-04901.

(c) Fish and Fishery Products Hazards and Controls Guidance, 4th Edition (April 2011), http://www.flrules.org/Gateway/reference.asp?No=Ref-11763.

(d) Guidance for Industry: Juice HACCP Hazards and Controls Guidance First Edition (March 2004), http://www.flrules.org/Gateway/reference.asp?No=Ref-11764.

(e) AWWA B604-74: American Waterworks Association (AWWA) Standard for Granular Activated Carbon (January 1974) http://www.flrules.org/Gateway/reference.asp?No=Ref-11765.

(f) Guidance Document for Unattended Food Establishments (December 2017) http://www.flrules.org/Gateway/reference.asp?No=Ref-11768.

(3) Food Salvage Operations.

(a) The “Food Sorting Guidance and Model Consumer Commodity Salvage Code (September 2017),” published by the Association of Food and Drug Officials, is hereby adopted as sanitation criteria, standards, and requirements for food salvage operations in Florida and is incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11766, with the following exclusions: Sections 1-102(B), 9-102(C), (F) and (G), 13-101-13-106, and 14-101-14-107. The Department has determined that posting the incorporated material on the Internet would constitute a violation of the federal copyright law. The incorporated material will be available for public inspection and examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food and Meet Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650.

(b) For the purposes of subsection (3) of this rule, “Consumer commodity” is defined as: “any food, beverage, dietary supplement, animal food (pet food), single service food containers or utensils, soda straws, paper napkins, or any other product of a similar nature. It also may include animal feed when handled at the same facility as other consumer commodities. This definition includes salvage caused by disasters which could include animal feeds which are handled differently than “animal food” which is destined for consumption by pets (e.g., cans of cat food, broken bags of dry dog food).”

(4) Food Code – Provisions Adopted and Exclusions. The following materials are hereby incorporated and adopted as rules under the Florida Food Act, Chapter 500, F.S. Copies of all referenced materials documents are available for examination at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Food Inspection, 3125 Conner Boulevard, Suite H, Tallahassee, Florida 32399-1650 or online as indicated.

(a) Chapters 1-7, Subpart 8-101, Subpart 8-103, Section 8-201.13, Section 8-201.14, Section 8-202.10 of the “2022 Food Code,” (hereafter known as the Food Code), “Annexes 3 – 7 of the Food Code,” published by the U.S. Public Health Service of the U.S. Department of Health and Human Services. Interested persons may obtain copies of these materials online at http://flrules.org/Gateway/reference.asp?No=Ref-19161.

(b) The following provisions of the Food Code are not adopted by reference and therefore are specifically excluded from rule:

1. 1-201.10(B), definitions for terms “Food Establishment,” “Food Processing Plant,” and “Temporary Food Establishment”; and,

2. 1-201.10(B), the word “unpackaged” only within the definition of “Food Employee”; and,

3. 4-301.12(C)(5), 4-301.12(D), 4-301.12(E); and,

4. 3-203.11(D); and,

5. All subsequent parts of subsection 6-202.110 after the word “law.”

6. 3-502.11; and,

7. 2-102.12.

History

• Rulemaking Authority 500.09, 500.12(1)(f), 500.12(5)(d), 500.12(6), 500.459, 570.07(23), (24) FS. Law Implemented 500.02, 500.03, 500.032, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.147, 500.166, 500.169, 500.172, 500.459, 570.07(2), (6), (9), (16), (18), (24), 570.0725 FS. History–New 3-1-72, Amended 12-31-74, 1-18-83, 6-17-85, Formerly 5E-6.02, Amended 7-25-88, 4-13-92, Formerly 5E-6.002, Amended 8-8-95, 9-9-96, 12-10-96, 4-10-97, 9-8-97, 11-15-99, 2-5-04, 3-1-09, 2-25-15, 1-16-17, 10-31-17, 3-16-20, 4-22-26.

Fla. Admin. Code R. 5K-4.003 Food Manufacturers, Processors, Packers, Holders and Retailers Permit

History

• Rulemaking Authority 500.146 FS. Law Implemented 500.04, 500.171, 500.172, 500.10, 500.12, 500.177 FS. History–New 3-1-72, Amended 12-31-74, Amended 1-18-83, Formerly 5E-6.03, 5E-6.003, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.004 General Requirements for the Manufacturing, Processing, Packing, Holding and Retailing of Foods

The provisions of subsections (1) through (6) shall apply in determining whether the facilities, methods, practices and controls used in the manufacture, processing, packing, holding, retailing or offering for sale of foods are in conformance with or are operated or administered in conformity with this rule to assure that food for human consumption is safe.

(1) Food Establishment and grounds.

(a) Grounds – the grounds about a Food Establishment under the control of the operator shall be free from conditions which may result in the contamination of food including the following:

1. Improperly stored equipment, litter, waste, refuse, and uncut weeds or grass within the immediate vicinity of the Food Establishment building or structures that may constitute an attractant, breeding place, or harborage for rodents, insects, and other pests.

2. Excessively dusty roads, yards or parking lots that may constitute a source of contamination in areas where food is exposed.

3. Inadequately drained areas that may contribute contamination to food products through seepage or food-borne filth and by providing a breeding place for insects or microorganisms.

4. If the Food Establishment grounds are bordered by grounds not under the operator’s control of the kind described in subparagraphs 1.-3. of this rule, care must be exercised in the Food Establishment by inspection, extermination, removal, or other means to effect exclusion of pests, dirt, and other filth that may be a source of food contamination.

(b) Food Establishment shall:

1. Be operated and maintained as required in Rule 5K-4.002, F.A.C. None of the operations connected with a Food Establishment shall be conducted in any room or area used as living or sleeping quarters.

2. Provide sufficient space for such placement of equipment and storage of materials as is necessary for sanitary operations and production of safe food. Floors, walls, and ceilings in the Food Establishment shall be of such constriction as to be cleanable and shall be kept clean and in good repair. Fixtures, ducts, and pipes shall not be so suspended over working areas that drip or condensate may contaminate foods, raw materials, or food-contact surfaces. Aisles or working spaces between equipment and between equipment walls shall be unobstructed and of sufficient width to permit employees to perform their duties without contamination of food or food-contact surfaces with clothing or personal contact.

3. Provide separation by partition, location, or other effective means for those operations which may cause contamination of food products with undesirable microorganisms, chemicals, filth or other extraneous material.

4. Provide adequate lighting to handwashing areas, dressing and locker rooms, and toilet rooms and to all areas where food or food ingredients are examined, processed or stored and where equipment and utensils are cleaned. Light bulbs, fixtures, skylights, or other glass suspended over exposed food in any step of preparation or display shall be of the safety type or otherwise protected to prevent food contamination in case of breakage.

5. Provide adequate ventilation or control equipment to minimize odors and noxious fumes or vapors (including steam) in areas where they may contaminate food. Such ventilation or control equipment shall not create conditions that may contribute to food contamination by airborne contaminants.

6. Provide, where necessary, effective screening or other protection against birds, animals, and vermin (including, but not limited to, insects and rodents).

(2) Equipment and utensils. All Food Establishment equipment and utensils should be:

(a) Suitable for their intended use,

(b) So designed and of such material and workmanship as to be adequately cleanable, and,

(c) Properly maintained.

The design, construction and use of such equipment and utensils shall preclude the adulteration of food with lubricants, fuel, metal fragments, contaminated water or any other contaminants. All equipment should be so installed and maintained as to facilitate the cleaning of the equipment and of all adjacent spaces.

(3) Sanitary facilities and controls. Each Food Establishment shall be equipped with adequate sanitary facilities and accommodations including the following:

(a) Water supply – The water supply shall be sufficient for the operations intended and shall be derived from an approved source in accordance with Section 500.03(1)(c), F.S. Any water that contacts foods or food-contact surfaces shall be safe and from an approved source as required by Sections 403.850-403.891, F.S. Running water, at a temperature suitable for its intended use and under pressure, as needed, shall be provided in all areas where the processing of food, the cleaning of equipment, utensils or containers, or employees’ sanitary facilities, require.

(b) Sewage disposal – Sewage disposal shall be made into an approved sewerage system or disposed of through other approved means, as required by Sections 403.085-403.087, F.S.

(c) Plumbing – Plumbing shall be sized, installed, and maintained as required by the plumbing provisions of the state sanitary code, and maintained to:

1. Carry sufficient quantities of water to required locations throughout the Food Establishment.

2. Properly convey sewage and liquid disposable waste from the Food Establishment.

3. Not constitute a source of contamination to foods, food products or ingredients, water supplies, equipment, or utensils or create an unsanitary condition.

4. Provide adequate floor drainage in all areas where floors are subject to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor.

(d) Toilet facilities – Each Food Establishment shall provide its employees with toilet and associated hand-washing facilities within the Food Establishment as required by the plumbing provisions of the Florida Building Code. Fixtures shall be of readily cleanable sanitary design. Toilet rooms shall be furnished with toilet tissue. Toilet rooms shall be maintained in a sanitary condition and kept in good repair at all times. Doors to toilet rooms shall be self-closing and shall not open directly into areas where food is exposed to airborne contamination, except where alternate means have been taken to prevent such contamination (such as double doors, positive air-flow systems, etc.). Signs shall be posted requiring employees to use cleaning soap or detergents after using toilet.

(e) Hand-washing facilities – Convenient facilities for hand washing and, where appropriate, hand sanitizing shall be provided at each location in the Food Establishment in areas where food preparation, food dispensing, and warewashing occurs, and in toilet rooms. Such facilities, shall be furnished with running water at a temperature for hand washing, effective hand-cleaning and sanitizing preparations, sanitary towel service or drying devices and easily cleanable waste receptacles. The use of a “common” towel is forbidden.

(f) Rubbish and offal disposal – Rubbish and any offal shall be so conveyed, stored, and disposed of as to minimize the development of odor, prevent waste from becoming an attractant and harborage or breeding place for vermin, and prevent contamination of food, food-contact surfaces, ground surfaces, and water supplies.

(4) Sanitary operations.

(a) General maintenance – Building, fixtures, and other physical facilities of the Food Establishment shall be kept in good repair and shall be maintained in a sanitary condition. Cleaning operations shall be conducted in such a manner as to minimize the danger of contamination of food and food-contact surfaces. Detergents, sanitizers, and other supplies employed in cleaning and sanitizing procedures shall be free of significant microbiological contamination and shall be safe and effective for their intended uses. Only such toxic materials as are required to maintain sanitary conditions, for use in laboratory testing procedures, for Food Establishment and equipment maintenance and operation, or in manufacturing or processing operations, shall be used or stored in the Food Establishment. These materials shall be identified and used only in such manner and under conditions as will be safe for their intended uses.

(b) Animal and vermin control – No animals or birds, other than those essential as raw material, shall be allowed in any area of a Food Establishment. Effective measures shall be taken to exclude pests from the processing areas and to protect against contamination of foods in or on the premises by animals, birds, and vermin (including, but not limited to, rodents and insects). The use of insecticides or rodenticides permitted and approved pursuant to Chapter 487, F.S., and Rule 5E-2.031, F.A.C., is permitted only under such precautions and restrictions as will prevent the contamination of food or packaging materials with illegal residues.

(c) Sanitation of equipment and utensils – All utensils and product-contact surfaces of equipment shall be cleaned as frequently as necessary to prevent contamination of food and food products. Nonproduct-contact surfaces or equipment used in the operation of Food Establishments should be cleaned as frequently as necessary to minimize accumulation of dust, dirt, food particles, and other debris. Single-service articles (such as utensils intended for one-time use, paper cups, paper towels, etc.) should be stored in appropriate containers and handled, dispensed, used, and disposed of in a manner that prevents contamination of food or food-contact surfaces. Where necessary to prevent the introduction of undesirable microorganisms into food products, all utensils and product-contact surfaces of equipment used in the Food Establishment shall be cleaned and sanitized prior to such use and following any interruption during which such utensils and contact surfaces may have become contaminated. Where such equipment and utensils are used in a continuous production operation, the contact surfaces of such equipment and utensils shall be cleaned and sanitized on a predetermined schedule. Sanitizing agents shall be effective and safe under conditions of use. Any facility, procedure, machine, or device may be acceptable for cleaning and sanitizing equipment and utensils if it is established that such facility, procedure, machine, or device will routinely render equipment and utensils clean.

(d) Storage and handling of cleaned portable equipment and utensils – Cleaned and sanitized portable equipment and utensils with product-contact surfaces should be stored in such a location and manner that product-contact surfaces are protected from splash, dust, and other contamination.

(5) Processes and controls. All operations in the receiving, inspecting, transporting, packaging, segregating, preparing, processing, and storing of food shall be conducted under conditions that protect against contamination of food. Overall sanitation of the Food Establishment shall be under the supervision of an individual assigned responsibility for this function. All reasonable precautions, including the following, shall be taken to assure that production procedures do not contribute contamination such as filth, harmful chemicals, undesirable microorganisms, or any other objectionable material to the processed product:

(a) Raw material and ingredients shall be inspected and segregated to assure that they are clean, wholesome, and fit for processing into human food and shall be stored under conditions that will protect against contamination and minimize deterioration. Raw materials shall be washed or cleaned as required to remove soil or other contamination. Water used for washing, rinsing, or conveying of food products shall not be reused for washing, rinsing or conveying products in a manner that may result in contamination of food products.

(b) Containers and carriers of raw ingredients should be inspected on receipt to assure that their condition has not contributed to the contamination or deterioration of the products.

(c) When ice is used in contact with food products, it shall be made from potable water and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner.

(d) Food-processing areas and equipment used for processing human food should not be used to process nonhuman food-grade animal feed or inedible products unless there is no reasonable possibility for the contamination of the human food.

(e) Processing equipment shall be maintained in a sanitary condition through frequent cleaning, including sanitization where indicated. Where possible, equipment shall be taken apart for thorough cleaning.

(f) All food processing, including packaging and storage, should be conducted under such conditions and controls as are necessary to minimize the potential for undesirable bacterial or other microbiological growth, toxin formation or deterioration or contamination of the processed product or ingredients. This may require careful monitoring of such physical factors as time, temperature, humidity, pressure, flow-rate and such processing operations as freezing, dehydration, heat processing and refrigeration to assure that mechanical breakdowns, time delays, temperature fluctuations, and other factors do not contribute to the decomposition or contamination of the processed products.

(g) Chemical, microbiological, or extraneous material testing procedures shall be utilized where necessary to identify sanitation failures or food contamination, and all foods and ingredients that have become contaminated shall be rejected or treated or processed to eliminate the contamination where this may be properly accomplished.

(h) Packaging processes and materials shall not transmit contaminants or objectionable substances to the products, shall conform to any applicable food additive regulation in 21 CFR 121 incorporated in paragraph 5K-4.002(1)(d), F.A.C., and should provide protection from contamination.

(i) Coding of products sold or otherwise distributed from a manufacturing, processing, packing, or repacking activity is recommended to enable positive lot identification to facilitate, where necessary, the segregation of specific food lots that may have become contaminated or otherwise unfit for their intended use. Records should be retained for a period of time that exceeds the shelf life of the product, except that they need not be retained more than 2 years.

(j) Storage and transportation of finished products shall be under such conditions as will prevent contamination and will protect against undesirable deterioration of the product and the container. Food that is being held for later sale or use shall be stored on pallets or equivalent with adequate separation between lots and walls to permit personnel to properly clean and protect such food. Sources of contamination that foods and food products shall be protected against include dust, flies, rodents and other vermin, toxic material, unclean equipment and utensils, unnecessary handling, flooding by sewage, overhead leaking, and development of pathogenic and toxigenic microorganisms.

(6) Personnel. The Food Establishment management shall take measures and precautions to assure the following:

(a) Disease control – No person affected by disease in a communicable form, or while a carrier of such disease, or while affected with boils, sores, infected wounds, or other abnormal sources of microbiological contamination, shall work in a Food Establishment in any capacity in which there is a reasonable possibility of food or food ingredients becoming contaminated by such person, or of disease being transmitted by such person to other individuals.

(b) Cleanliness – All persons, while working in direct contact with food preparation, food ingredients, or surfaces coming into contact therewith shall:

1. Wear clean outer garments, maintain personal cleanliness, while on duty, to the extent necessary to prevent contamination of food products.

2. Wash their hands thoroughly (and sanitize, if necessary to prevent contamination by undesirable microorganisms) in a hand-washing facility before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated.

3. Remove all insecure jewelry and, during periods where food is manipulated by hand, remove from hands jewelry that cannot be sanitized.

4. If gloves are used in food handling, maintain them in an intact, clean, and sanitary condition. Such gloves should be of an impermeable material except where their usage would be inappropriate or incompatible with the work involved.

5. Wear hair nets, caps or other effective hair restraints. Hair spray or the equivalent is not acceptable as a hair restraint.

6. Not store clothing or other personal belongings, eat food or drink beverages, or use tobacco in any form in areas where food or food ingredients are exposed or in areas used for washing equipment or utensils.

7. Take any other necessary precautions to prevent contamination of foods with microorganisms or foreign substances including perspiration, hair, cosmetics, tobacco, chemicals and medicants.

(c) Education and training – Wholesale Food Establishment personnel shall meet the training requirements set forth in 21 CFR 117.4(b) as adopted by reference in Rule 5K-4.002, F.A.C. Retail Food Establishment personnel shall meet the training requirements set forth in Rule 5K-4.021, F.A.C.

(d) Supervision – Responsibility for assuring compliance by all personnel with all requirements of this rule shall be clearly assigned to supervisory personnel who meet the training requirements specified in paragraph 5K-4.004(6)(c), F.A.C.

(7) Establishments engaged solely in the harvesting, storage, or distribution of one or more raw agricultural commodities which are ordinarily cleaned, prepared, treated or otherwise processed before being marketed to the consuming public are exempted from coverage under these general regulations. This exemption does not apply to persons selling Food consisting of or containing Hemp Extract. Tomato packing houses and repackers must comply with Rule 5K-4.029, F.A.C.

(8) Review of plans by the Department.

(a) An Applicant or holder of a food permit may request assistance from the Department in the review of construction or remodeling plans to evaluate conformance with requirements as established in this chapter by submitting a completed Plan Review Application, FDACS-14222 (Rev. 12/19), the attachments, and fee to the Department as required in the form. The Plan Review Application, FDACS-14222 (Rev. 12/19) is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11769.

(b) The fee for plan review assistance will be determined by multiplying the number of reviewer hours expended in reviewing plans and in consulting with the applicant, at the rate of $30.10 per hour. An additional flat fee of $25.00 per plan review will be charged for associated expense costs such as FAX, telephone, mailing, shipping or document duplication expenditures incurred by the Department. Time expended shall be recorded in quarter hour increments with a minimum charge of one hour per plan review. Payment for plan review assistance is due 15 days from the date of invoice from the Department.

(9) Laboratory testing. Where laboratory testing is required in this rule chapter, such testing shall be performed by an ISO (International Organization of Standardization) 17025 based accredited laboratory certified to conduct testing for the microorganism, or analyte of concern. The results of such testing shall be provided directly from the laboratory to the Department via email to FoodInsp@FDACS.gov, and the testing shall be done at the expense of the Food Establishment.

History

• Rulemaking Authority 570.07(23), 500.09, 500.12 FS. Law Implemented 500.04, 500.09, 500.10, 500.12(2)(b), 500.13, 500.172 FS. History–New 3-1-72, Repromulgated 12-31-74, Amended 1-18-83, Formerly 5E-6.04, 5E-6.004, Amended 9-30-96, 7-26-04, 3-16-20.

Fla. Admin. Code R. 5K-4.0041 Mobile Food Establishments and Commissaries

(1) Mobile Food Establishments.

(a) Mobile Food Establishments shall meet all applicable requirements as specified in the Mobile Food Permit Requirements (Rev. 12/19) incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11770.

(b) Each Mobile Food Establishment not operating in conjunction with a permitted Food Establishment will require its own permit and is subject to all applicable fees. A permitted Food Establishment may operate one Mobile Food Establishment without paying an additional permit fee. Any additional Mobile Food Establishments will require a separate permit and are subject to all applicable fees.

(c) Mobile Food Establishments shall not operate independent of a Commissary approved by the Department unless otherwise specified in this rule chapter. Each Mobile Food Establishment shall submit to the Department a completed Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11771.

1. Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18), shall be executed on an annual basis.

2. The Mobile Food Establishment shall make this agreement available to the Department upon request.

(d) Each Mobile Food Establishment shall report to a Commissary each day of operation, to store or replenish supplies, clean utensils, and equipment, or dispose of liquid and solid waste, with the exception of Mobile Food Establishments that sell only prepackaged foods and have all necessary support equipment located in the unit. The Mobile Food Establishment shall have more than one approved Commissary for each time it operates in a location where it cannot visit its primary Commissary once a day during operation. A Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) is required for each additional Commissary used by the Mobile Food Establishment. The Mobile Food Establishment shall have more than one approved Commissary for each time it operates in a location where it cannot visit its primary Commissary once a day during operation. A Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) is required for each additional Commissary used by the Mobile Food Establishment.

(e) Mobile Food Establishments shall not process or prepare exposed potentially hazardous foods (PHFs) within the mobile food establishment without first obtaining a food permit. Processing/preparing food includes combining food ingredients, heating/cooking food, cutting/slicing of food, and repackaging of bulk foods or similar operations.

(f) Exemptions. Mobile Food Establishments selling only fresh fruits or vegetables are exempted from this rule chapter.

(2) Commissaries. A Commissary must be permitted as a Food Establishment under Chapter 500, F.S., a Public Food Service Establishment licensed under Chapter 509, F.S., or a Food Service Establishment licensed under Chapter 381, F.S.

History

• Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 500.09, 500.12 FS. History–New 3-16-20.

Fla. Admin. Code R. 5K-4.005 Bakery Regulations

History

• Rulemaking Authority 500.09, 500.20 FS. Law Implemented 500.03, 500.04, 500.05, 500.06, 500.10, 500.11, 500.12, 500.13, 500.21, 500.23(1), 500.24(1), (2), 500.39, 500.41, 500.42, 500.43 FS. History–New 3-1-72, Amended 12-31-74, Formerly 5E-6.05, 5E-6.005, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.0050 Special Process Approvals

(1) A Retail Food Establishment shall obtain a special process approval from the Department before the following:

(a) Smoking food as a method of food preservation rather than as a method of flavor enhancement;

(b) Curing food;

(c) Using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not time/temperature control of safety food;

(d) Packaging TCS foods using a reduced oxygen packaging method except where the growth of toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under 3-502.12 of the FDA Food Code, as incorporated by reference in Rule 5K-4.002, F.A.C.;

(e) Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;

(f) Custom processing animals that are for personal use as food and not for sale or service in a Food Establishment;

(g) Sprouting seeds or beans; or

(h) Preparing food by methods other than those specified in this rule chapter.

(2) The Department shall not issue a special process approval until the Department receives from the Retail Food Establishment the following:

(a) A complete Application for Special Process Approval For Retail Food Establishments, FDACS-14095 (Rev. 7/19), submitted either online at foodinspection@fdacs.gov or by mail as indicated on the form. This application is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11717;

(b) A statement citing the relevant FDA Food Code section numbers pertaining to the special process approval request;

(c) Procedures that address potential public health hazards and nuisances as required by applicable sections of the FDA Food Code incorporated by reference in Rule 5K-4.002, F.A.C.; and

(d) A Hazard Analysis and Critical Control Point (HACCP) plan if required as specified under Sections 3-401.11(D)(4), 3-502.11, or 4-204.110(B) of the FDA Food Code, as incorporated by reference in Rule 5K-4.002, F.A.C., that includes the information specified under 8-201.14 as it is relevant to the special process approval requested.

(e) Scientific documentation supporting the determination that food safety is not compromised by the proposal shall be submitted for the processes outlined in paragraphs 5K-4.0050(1)(a)-(h), F.A.C.

(3) If a special process approval application is granted by the Department, or a HACCP plan is otherwise required as specified under 8-201.13 of the FDA Food Code, as incorporated by reference in Rule 5K-4.002, F.A.C., the Food Establishment shall:

(a) Comply with the HACCP Plans and procedures that are submitted as specified under 8-201.14 and approved as a basis for the special process approval; and

(b) Maintain and provide to the Department upon request, records specified under 8-201.14 (D) of the FDA Food Code, as incorporated by reference in Rule 5K-4.002, F.A.C., that demonstrate that the following are routinely employed;

1. Procedures for monitoring the critical control points,

2. Monitoring of the critical control points,

3. Verification of the effectiveness of the operation or process, and

4. Necessary corrective actions if there is failure at a critical control point.

(c) Maintain a copy of the special process approval, and all associated documents required in this rule.

(d) Special process approvals are granted by the Department only for one Food Establishment location and are not transferable to new owners or new locations. Once granted, a special process approval does not expire as long as the applicant holds a valid food permit. A separate application is required for each process the Food Establishment intend to implement.

(e) The Department may suspend or revoke a special process approval if the Food Establishment fails to comply with the conditions specified in this rule.

History

• Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 500.09, 500.10, 500.11, 500.13, 500.169 FS. History–New 3-16-20, Amended 4-22-26.

Fla. Admin. Code R. 5K-4.006 Bottling Plants

History

• Rulemaking Authority 500.09, 500.20 FS. Law Implemented 500.03, 500.04, 500.05, 500.06, 500.09, 500.10, 500.11, 500.12, 500.21, 500.24(1), (2), 500.42, 500.43 FS. History–New 8-9-68, Amended 3-1-72, 12-31-74, Formerly 5E-6.06, 5E-6.006, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.007 Pecans in the Shell

History

• Rulemaking Authority 500.09, 500.146 FS. Law Implemented 500.09, 500.11 FS. History–New 8-9-68, Amended 3-1-72, 12-31-74, 1-18-83, Formerly 5E-6.07, 5E-6.007, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.008 Sanitary Regulations Governing Manufacture, Processing or Handling of Honey

History

• Rulemaking Authority 500.20 FS. Law Implemented 500.09 FS. History–New 3-1-72, Amended 12-31-74, Formerly 5E-6.08, 5E-6.008, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.009 Packaging and Labeling of Horse Meat

History

• Rulemaking Authority 500.09, 500.20 FS. Law Implemented 500.04, 500.05, 500.06, 500.09, 500.10(1), 500.11, 500.24(1), (2), 500.33, 500.41, 500.42, 500.43 FS. History–New 2-15-64, Amended 3-1-72, 12-31-74, Formerly 5E-6.09, 5E-6.009, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.010 Fish and Fishery Products

History

• Rulemaking Authority 500.09, 500.12(1)(d), 570.07(23) FS. Law Implemented 500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.13 FS. History–New 9-8-68, Amended 3-1-72, Repromulgated 12-31-74, Formerly 5E-6.10, Amended 6-9-93, 9-12-94, Formerly 5E-6.010, Amended 8-8-95, 9-9-99, Repealed 2-15-12.

Fla. Admin. Code R. 5K-4.011 Frozen Foods

History

• Rulemaking Authority 500.09, 500.20 FS. Law Implemented 500.03, 500.04, 500.05, 500.06, 500.09, 500.10, 500.12, 500.13, 500.21, 500.24, 500.39, 500.41, 500.42, 500.43 FS. History–New 3-1-72, Repromulgated 12-31-74, Formerly 5E-6.11, Formerly 5E-6.011, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.012 Retail Food Outlets

History

• Rulemaking Authority 500.09, 500.20 FS. Law Implemented 500.03, 500.04, 500.05, 500.06, 500.09, 500.10, 500.12, 500.13, 500.21, 500.24, 500.39, 500.41, 500.42, 500.43 FS. History–New 3-1-72, Repromulgated 12-31-74, Formerly 5E-6.12, Formerly 5E-6.012, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.013 Merchandising Deceit and False Advertisements of Foods

History

• Rulemaking Authority 500.20 FS. Law Implemented 500.02, 500.031(1) 500.04(5), (7), 500.021(1) FS. History–New 3-1-72, Repromulgated 12-31-74, Formerly 5E-6.13, Formerly 5E-6.013, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.014 Food Enrichment Standards

History

• Rulemaking Authority 500.146, 500.304 FS. Law Implemented 500.301, 500.307 FS. History–New 1-3-75, Amended 1-18-83, Formerly 5E-6.14, Formerly 5E-6.014, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.015 Ethylene Dibromide (EDB): Tolerances in Foods

History

• Rulemaking Authority 570.07(23), 500.13, 500.146 FS. Law Implemented 500.13 FS. History–New 5-10-84, Formerly 5E-6.15, 5E-6.015, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.016 Retail Food Store Sanitation

History

• Rulemaking Authority 570.07(23), 500.09 FS. Law Implemented 500.09 FS. History–New 3-12-85, Formerly 5E-6.16, 5E-6.016, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.017 Food Salvage Operations

History

• Rulemaking Authority 570.07(23), 500.09 FS. Law Implemented 500.09 FS. History–New 3-12-85, Formerly 5E-6.17, 5E-6.017, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.018 Sulfiting Agents

History

• Rulemaking Authority 500.09, 500.146, 500.304 FS. Law Implemented 500.09, 500.146, 500.304 FS. History–New 6-17-85, Formerly 5E-6.18, Amended 1-12-87, Formerly 5E-6.018, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.019 Food Permit Fees

History

• Rulemaking Authority 500.146, 500.12(1)(b), 570.07(23) FS. Law Implemented 500.12(1)(a), (b), (c) FS. History–New 1-10-93, Formerly 5E-6.019, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.020 Food Permits; Requirements and Fees

(1) As used in this rule, the following definitions shall apply in determining food permit fees:

(a) Bottling plant. A processor or packer or both of juices, drinks, carbonated beverages or non-carbonated beverages in hermetically sealed containers (excluding bottled drinking water).

(b) Canning plant. A processor or packer or both of fruit, vegetables, seafoods or other foods in hermetically sealed containers.

(c) Charitable Food Organization. An entity that is registered as a charitable organization as defined in Section 496.404 F.S., has submitted annual forms pursuant to the requirements of Section 496.405, F.S., and engages in activities subject to a food permit as provided under Section 500.12, F.S.

(d) Convenience store. A business that is engaged primarily in the retail sale of groceries or motor fuels or special fuels and may offer food services limited to coffee from urns, or iced or frozen drinks, with no retail food processing.

(e) Convenience store with limited food service. A convenience store where food is prepared and intended for individual portion service, but limited to the display of snack foods or pastries, and/or heating or cooking of hot dogs, sausages, prepackaged pizza or meat pastries, regardless of whether consumption is on or off the premises or whether there is a charge for the food, but without retail food processing.

(f) Convenience store with significant food service. A convenience store that has retail food processing activities consisting of on-site cooking or other preparation of hot entrees, chicken (fried, roasted or grilled), sandwiches, salads, or desserts for consumption on or off the premises. The term also applies to such foods brought to a location for sale on individual customer order or by buffet-style display.

(g) Food salvage center. A firm specializing in sorting, segregating and re-working damaged foods, primarily for wholesale distribution.

(h) Food storage warehouse. A cold storage warehouse, a dry storage warehouse, or a commercial food distribution center.

(i) Frozen dessert manufacturer. A person who manufactures, processes, converts, partially freezes, or freezes any mix or frozen dessert for distribution or sale without utilizing pasteurization. This definition includes ice cream manufacturers that do not utilize pasteurization

(j) Grocery store. A retail food store stocking a wide variety of foods and engaged in retail food processing which contains four or fewer check-out registers and less than 15,000 total square footage, including display, preparation and storage areas.

(k) Health food store. A retail food store engaged primarily in the sale of prepackaged vitamins, minerals, nutritional supplements and foods intended for health conscious persons but with no food service or retail food processing.

(l) Health food store with food service. A health food store where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided, regardless of whether consumption is on or off the premises, or whether there is a charge for the food, but with no retail food processing.

(m) Large Food Charity. A Charitable Food Organization that qualifies for fees under Sections 496.405(4)(a)2. ‒ 496.405(4)(a)7., F.S.

(n) Limited poultry and egg farm operation. A farm-based Food Establishment which directly produces and offers processed poultry or whole shell eggs for sale, respectively, as provided in Rule 5K-4.033, F.A.C. A Limited Poultry Farm Operation meets the definition of a “processor” as defined in section 583.01(20), F.S., and a Limited Egg Farm Operation meets the definition of an “egg producer” as defined in section 583.01(7), F.S.

(o) Limited Sales. Any business fitting any of the definitions in this subsection with gross food sales less than $15,000.00 annually.

(p) Meat market. A retail food store engaged primarily in the cutting, processing and selling of meats or poultry, or both. A limited number of other foods may be stocked, but inventory and sales are predominantly meat or poultry or both.

(q) Minor food outlet. Any retail establishment that sells groceries and may offer food service to the public limited to coffee from urns, or iced or frozen drinks, but neither the grocery sales nor the food service is a major retail function based on allocated space or gross sales. No retail food processing may be performed.

(r) Minor food outlet, only non-perishable foods. A minor food outlet which sells, stores or offers only commercially prepackaged, non-potentially hazardous, non-perishable foods and at which there is no food processing activity, no food service or any activity related to repackaging of foods. Commercially prepackaged ice, not bagged on the premises, may be sold.

(s) Minor food outlet with limited food service. A minor food outlet where food is prepared and intended for individual portion service, but limited to the display of snack foods or pastries, and/or heating or cooking of hot dogs, sausages, prepackaged pizza or meat pastries, regardless of whether consumption is on or off the premises or whether there is a charge for the food, and without retail food processing.

(t) Minor food outlet with significant food service. A minor food outlet that has retail food processing activities consisting of on-site cooking or other preparation of hot entrees, chicken (fried, roasted or grilled), sandwiches, salads, or desserts for consumption on or off the premises. The term also applies to such foods brought to a location for sale on individual customer order or by buffet-style display.

(u) Mobile vendor. Persons selling foods other than fresh fruits or vegetables from trucks, trailers or similar self-propelled conveyances.

(v) Processor, other non-perishable foods. A processor or packager of grain products, snack foods, candy, table syrup, honey, coffee, tea, spices or other non-perishable foods not defined elsewhere in this section.

(w) Processor, other perishable foods. A processor of cheese, packaged sandwiches, bulk or packaged salads, or other perishable foods not defined elsewhere in this section.

(x) Rabbit or game processor. A processor of rabbits, quail, deer, or other bird or animal species normally considered game, excepting any equine, bovine, goat, sheep, swine, or chickens, turkeys, ducks, geese, squab, ratites or guineas.

(y) Retail bakery. A Food Establishment that bakes breads, pastries or other similar baked goods, primarily for retail sale on the premises.

(z) Retail bakery with food service. A retail bakery where food other than breads, pastries or other similar baked goods is prepared and intended for individual portion service, and includes the site at which individual portions are provided, regardless of whether consumption is on or off the premises, or whether there is a charge for the food.

(aa) Retail food processing. The cutting, grinding, or slicing of meats or cheeses for bulk or packaged display; the preparation and wrapping or packaging of sandwiches, salads, or other foods for retail display; the smoking or cooking of meat, poultry, or fish for retail display or on customer request; the steaming, cracking, or cooking of crustaceans or shellfish for retail display or on customer request; the on-premises baking of breads or pastries; or the peeling, cutting, or trimming and packing of fruit or vegetables for retail display.

(bb) Salvage store. A retail food store specializing in salvage foods.

(cc) Seafood market. A retail food store engaged primarily in the sale of seafood. A limited number of other foods may be stocked, but inventory and sales are predominantly fish, crustaceans, or shellfish.

(dd) Seafood processor. A processor of fresh or saltwater finfish, crustaceans, other forms of aquatic animal life (including, but not limited to, alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, where such animal life is intended for human consumption, primarily for wholesale distribution.

(ee) Semi-permanent vendor. Persons selling foods other than fresh fruits and vegetables from a pushcart, flea market stand, roadside stand, kiosk or similar structure and which may offer ancillary food service.

(ff) Small Food Charity. A Charitable Food Organization that qualifies for fees under Section 496.405(4)(a)1., F.S.

(gg) Supermarket. A retail food store stocking a wide variety of foods and engaged in retail food processing which contains five or more check-out registers or 15,000 or greater total square footage, including display, preparation and storage areas.

(hh) Tomato Packing House means any establishment that washes, packs, or otherwise treats tomatoes in their unpeeled, natural form before they are marketed.

(ii) Wholesale bakery. A Food Establishment that bakes breads, pastries or other similar baked goods, primarily for wholesale distribution.

(jj) Unattended Food Establishment (also known as micro markets). A Food Establishment that provides packaged foods or whole fruit using an automated payment system and has controlled entry not accessible by the general public.

(2) Food permits. The Department shall not issue a food permit to a Food Establishment until the Department receives a complete application for the food permit. A complete application for a food permit must include the items provided in paragraphs (a) through (c):

(a) A complete Food Permit Application, FDACS-14306 (Rev. 05/25) submitted to the Department, either online or by mail as indicated on the form. Food Permit Application, FDACS-14306 (Rev. 05/25) is incorporated by reference and available online at http://flrules.org/Gateway/reference.asp?No=Ref-18115, or by requesting a copy by emailing FoodSafety@FDACS.gov;

(b) Payment of the permit fee indicated in subsection (4) to the Department; and

(c) A preoperational inspection by the Department of the Food Establishment, its equipment, and methods of operation, and verifies that provisions of the Florida Food Safety Act, this rule chapter have been met, and the Food Establishment submits to the Department proof that water quality requirements have been met as required by this rule.

(d) A permit number shall be issued to the Food Establishment by the Department after completion of paragraphs (a)–(c) above and is not to be used on any label or in any advertisement of food. Permits shall be conspicuously displayed at locations for which issued and are not transferable. The provisions of this section do not apply to public food service establishments as defined in Chapter 509, F.S.

(e) No food permit shall be issued until all applicable fees required by subsections 5K-4.004(8), 5K-4.020(4)-(6), and Rule 5K-4.035, F.A.C. have been submitted to the Department.

(3) Enforcement.

(a) Any person violating this rule shall be subject to the injunction procedures of Section 500.171, F.S., and to the penalties provided in Section 500.177, F.S., and Rule 5K-4.035, F.A.C.

(b) A Food Establishment shall not be considered a Large Food Charity or Small Food Charity for purposes of fees in this rule unless properly registered pursuant to Section 496.405, F.S. and will be subject to fees as outlined in this rule based on food activities conducted at the establishment.

(4) Food Permit Fees and Renewal.

(a) One food permit shall be issued to and one fee shall be charged to the Food Establishment for all food operations at a single location, regardless of whether the location may qualify under the definitions of this subsection for two or more permits. If a location qualifies for two or more permits, only the largest applicable fee shall be charged to that location, except that any location qualifying for a Limited Sales permit shall only be charged the fee applicable to a Limited Sales permit. If the ownership or physical location of a Food Establishment changes during a calendar year, a complete application as provided in subsection (2), is required before a food permit shall be issued. Other license or permit fees may apply to a business, however, are not voided by payment of the food permit fee. Fees charged to new Food Establishments shall be the entire applicable fee for one year.

(b) Food permits issued by the Department will be renewed on a rolling basis in accordance with Section 500.12, F.S., with permit expiration dates based on the month and date the food permit was first issued (“initial permit date”). To renew a food permit, a complete Food Permit Renewal Application, FDACS-14373 (05/25) must be submitted to the Department, either online or by mail as indicated on the form. Food Permit Renewal Application, FDACS-14373 (05/25) is incorporated by reference and available online at http://flrules.org/Gateway/reference.asp?No=Ref-18114, or by requesting a copy by emailing FoodSafety@FDACS.gov.

(c) Owners of One Food Establishment.

1. New food permits issued after September 1, 2023, must be renewed annually on or before the initial permit date.

2. Food permits issued before September 1, 2023, will expire on December 31, 2023. To renew the permit, owners must submit the renewal application on or before December 31, 2023. The renewed permit will expire on the initial permit date. Owners are required to pay a prorated fee for each month starting from January 1, 2024, until the initial permit date. This prorated fee amounts to 1/12 of the total permit fee for each month. Owners must continue to renew their food permits annually on or before the initial permit date.

(d) Owners of 2 to 99 Food Establishments.

1. The owner of 2 to 99 food establishments will have a single expiration date for all their establishments. This expiration date will be the same as the initial permit date of their first permitted food establishment.

2. Owners of 2 to 99 food establishments shall renew all their food establishment permits by December 31, 2023. The renewed permits will remain valid until the initial permit date established according to subsection (4)(d)1., upon which the permits will expire. Owners must pay a prorated fee of 1/12 of the permit fee for each food establishment for every month starting from January 1, 2024, until the initial permit date. Owners must renew their food permits on or before the initial permit date and continue renewing annually on or before that date.

3. An owner of 2 to 99 food establishments has the option to choose separate permit expiration dates for each food establishment as specified in subsection (4)(c)2. If the owner does not make this election by August 30, 2023, then the expiration date for all of the owner's food establishments will be determined according to subsection (4)(d)1.

4. Owners shall notify the Department of their expiration date election by emailing FoodSafety@FDACS.gov or mailing their expiration date election to FDACS, Division of Food Safety, PO Box 6720, Tallahassee, Florida, 32399.

(e) Owners that Acquire Two or More Food Establishments.

1. When an owner acquires multiple food establishments permitted by the Department after August 30, 2023, the food permits for all of the establishments shall expire on the initial permit date of the first permitted food establishment. Owners are required to pay a prorated fee of 1/12 of the permit fee for each subsequent month until the initial permit date. Owners must renew their food permits on or before the initial permit date and continue to renew annually on or before that date.

2. When an owner acquires and permits two or more food establishments, they have the option to choose separate permit expiration dates for each establishment as outlined in subsection (4)(d)3. However, if the owner does not make this election within 30 days of permitting the second establishment, the expiration date for all of the owner's food establishments will be determined in accordance with subsection (4)(e)1.

3. Owners shall notify the Department of their expiration date election by emailing FoodSafety@FDACS.gov or mailing their expiration date election to FDACS, Division of Food Safety, PO Box 6720, Tallahassee, Florida, 32399.

(f) Owners will be afforded one opportunity to elect individual food establishment expiration dates in accordance with subsections (4)(d)3. or (4)(e)2.

(g) Owners of 100 or More Food Establishments.

1. Owners of 100 or more food establishments permitted by the Department have the option to choose December 31 as the uniform expiration date for all their food permits. This election must be made on or before August 30, 2023.

2. If an owner of 100 or more food establishments does not elect an expiration of December 31 for all its permitted food establishments by August 30, 2023, then the expiration date for the permitted food establishments shall be determined in accordance with subsection (4)(c).

3. Owners shall notify the Department of their expiration date election by emailing FoodSafety@FDACS.gov or mailing their expiration date election to FDACS, Division of Food Safety, PO Box 6720, Tallahassee, Florida, 32399.

4. For food establishments acquired and permitted by an owner who has elected December 31 as the expiration date for all its food permits, after August 30, 2023, the owner shall pay a prorated fee of 1/12 of the permit fee for the newly acquired food establishment location until December 31 of the calendar year in which the new location was permitted. The new location shall have an annual expiration date of December 31.

(h) Owners that Acquire 100 or more Food Establishments.

1. When the owner of multiple food establishments permitted by the Department acquires and permits its 100th food establishment after August 30, 2023, the owner may elect to set the expiration of food permits for all of its food establishment locations as December 31 of each calendar year.

2. If the owner does not elect an expiration of December 31 for all its permitted food establishments within 30 days of permitting its 100th location, the expiration date for the permitted food establishments shall be determined in accordance with subsections (4)(e).

3. Owners shall notify the Department of their expiration date election by emailing FoodSafety@FDACS.gov or mailing their expiration date election to FDACS, Division of Food Safety, PO Box 6720, Tallahassee, Florida, 32399.

(i) Owners will be afforded one opportunity to elect December 31 as the permit expiration date for all of its food establishments in accordance with subsections (4)(g)1. or (4)(h)1.

(j) The following schedule of fees is established for each food permit.

Bottling Plant

385

Bottled Water Plant

500

Canning Plant

490

Convenience Store

330

Convenience Store with Limited Food Service

430

Convenience Store with Significant Food Service

475

Food Salvage Center

470

Food Storage Warehouse

355

Frozen Dessert Manufacturer

200

Grocery Store

540

Health Food Store

300

Health Food Store with Food Service

415

Large Food Charity

130

Limited Poultry and Egg Farm Operation

100

Limited Sales

130

Meat Market

455

Minor Food Outlet

300

Minor Food Outlet, Only Non-perishable Foods

190

Minor Food Outlet with Limited Food Service

415

Minor Food Outlet with Significant Food Service

470

Mobile Vendor

300

Packaged Ice Plant

250

Processor, Other Non-perishable Foods

335

Processor, Other Perishable Foods

490

Rabbit or Game Processor

390

Retail Bakery

355

Retail Bakery with Food Service

490

Salvage Store

470

Seafood Market

410

Seafood Processor

520

Semi-permanent Vendor

195

Small Food Charity

0

Supermarket

650

Tomato Packing House

100

Wholesale Bakery

530

Unattended Food Establishment

175

Water Vending Machine

35

(5) Late Fees.

(a) The renewal fee for all food permits shall be the same as the food permit fee required by subsection 5K-4.020(4), F.A.C., except Frozen Dessert Manufacturers which have an initial permit fee of $200 and an annual renewal fee of $100. If the renewal application and applicable fee are not received by the Department on or before its due date, a late fee of $100 must be paid in addition to the food permit fee required by subsection 5K-4.020(4), F.A.C., before the Department will issue the food permit.

(b) No Food Establishment shall be issued a food permit until all applicable fees, including late fees, are received by the Department.

(6) Recovery of Cost for Reinspections.

(a) A Food Establishment shall pay a fee of $135 to the Department for recovery of the cost incurred to provide each reinspection of the Food Establishment. For the purposes of this section, a reinspection refers to any inspection conducted for the purpose of verifying compliance with Chapter 500, F.S., or the rules promulgated thereunder, following a previous inspection not meeting requirements. Such inspection not meeting requirements shall be indicated by issuance of an inspection report listing conditions which are not in compliance and which, when viewed as a whole, are more likely to contribute to food contamination, illnesses or environmental health hazards.

(b) Nothing in this section shall prohibit the Department from imposing additional sanctions for violations of Chapter 500, F.S., or the rules promulgated thereunder. The costs of reinspection will be billed by invoice of the Department and the reinspection fee shall be paid within 21 days receipt thereof. Failure to timely pay a reinspection fee is a violation of this chapter and shall be grounds for suspension of the Food Establishment’s food permit.

(c) The fee established for a reinspection shall include the average cost per inspection for inspectors’ salary, benefits, travel, training, equipment, supervision, and other costs or charges directly related to administration of the Food Establishment inspection program.

(d) The fee shall be applicable for each reinspection regardless of whether the reinspection met requirements or did not meet requirements.

(7) Food Establishments permitted pursuant to Section 500.12, F.S., shall notify the department within 30 days after closure or dissolution of the business. Food Establishments shall submit a completed Permit Dissolution Form, FDACS-01733 (Rev. 08/2024) to the Department, either online via the Food Permit Center portal or by mail as indicated on the form. Permit Dissolution Form, FDACS-01733 (Rev. 08/2024) is incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17083 or by requesting a copy by emailing FoodSafety@FDACS.gov.

History

• Rulemaking Authority 500.09, 500.12(1)(b), 500.12(1)(f), 570.07(23) FS. Law Implemented 500.04, 500.09, 500.10, 500.12(1)(a), (b), (c), (d), (f), 500.12(2), 500.12(7), 500.121, 500.171, 500.172, 500.177, 570.15, 570.161, FS. History–New 1-10-93, Formerly 5E-6.020, Amended 8-8-95, 3-11-98, 3-6-01, 10-30-01, 1-1-03, 11-1-04, 11-5-07, 10-28-08, 3-1-09, 3-24-14, 3-16-20, 3-14-22, 11-20-23, 10-29-24, 11-11-25.

Fla. Admin. Code R. 5K-4.021 Training and Certification

(1) Food Manager Certification. All Retail Food Establishments shall have a certified food protection manager that is certified by a food protection manager certification program that is evaluated and listed by a Conference for food Protection-recognized accrediting agency as conforming to the Conference for food Protection Standards for Accreditation of food Protection Manager Certification Programs except for the following:

(a) Food Establishments that are not required to obtain a food permit in accordance with Sections 500.12(1)(a)1.-4., F.S.;

(b) Food Establishments that store, and/or sell only pre-packaged, non-potentially hazardous foods that arrive at the Food Establishment in a pre-packaged state and that are not opened or otherwise further processed by the Food Establishment;

(c) Tomato packing houses.

(d) Limited poultry and egg farm operation.

(2) Training and certification of Department personnel. Any person performing required inspections of permitted food establishments for the Department or its agent must:

(a) Pass a written examination to demonstrate knowledge of Chapter 500, F.S., and Chapter 5K-4, F.A.C., which regulate Food Establishments.

(b) Pass the basic food inspection training certification requirements as specified in the Manufactured Food Regulatory Program Standards revised as of September 2016, hereby incorporated by referenced and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11775; or

(c) Pass the basic food inspection training certification requirements as specified in Standard 2 of the Voluntary National Retail Food Regulatory Program Standards revised as of January 2017 hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11776, and the Conference for Food Protection Regulatory Retail Food Safety Inspection Officers Field Training Manual revised as of May 2013 hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11777; and

(d) Pass a certified food protection manager examination accredited in accordance with the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification.

History

• Rulemaking Authority 500.12(6), 570.07(23) FS. Law Implemented 500.12(6) FS. History–New 1-11-94, Formerly 5E-6.021, Amended 1-23-97, 5-25-98, 3-1-09, 3-24-14, 3-16-20.

Fla. Admin. Code R. 5K-4.022 Food Service Sanitation

History

• Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 500.12(4)(a) FS. History–New 6-13-93, Formerly 5E-6.022, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.023 Packaged Ice, Ice Vending Machines, and Water Vending Machines

(1) In addition to the requirements in the Florida Food Safety Act, and all applicable rules in Chapter 5K-4, F.A.C., packaged ice plant operators, water vending machines, and ice vending machines shall comply with the following rule. Ice vending machines shall be permitted as Packaged Ice Plants as defined in Section 500.03(1)(y), F.S.

(2) Water Source.

(a) The source of the water supply used for packaged ice, vended ice, or vended water shall be an approved public water system as defined in Section 403.852, F.S.

(b) Packaged ice, vended ice, or vended water shall be in conformance with maximum contaminant levels that have been established for drinking water supplies in Chapters 64E-8 and 62-550, F.A.C.

(3) Construction.

(a) Water vending machines and ice vending machines shall be made of materials that are free of substances which may render the final product injurious to health or which may adversely affect the flavor, color, odor, radiological, microbial, or chemical quality of the water.

1. Water vending machines and ice vending machines shall be designed and constructed to permit easy cleaning and maintenance of all exterior and interior surfaces and component parts in accordance with Chapter 6 of the FDA Food Code as incorporated by reference in subsection 5K-4.002(4), F.A.C.

2. Water vending machines and ice vending machines shall have a guarded corrosion resistant dispensing spout.

3. Water vending machines and ice vending machines shall have a backflow prevention device for all connections with the water supply.

4. Water vending machines and ice vending machines shall be equipped with a self-closing, tight-fitting door on the vending compartment so the unit is not accessible to the public.

(b) Water vending machines shall also comply with the following:

1. Use methods for treatment as required by Chapter 62-550, F.A.C.

2. Be equipped with monitoring devices designed to shut down operation of the machine when the treatment or disinfectant unit fails to properly function.

3. Granular activated carbon, if used in the treatment process of vended water, shall comply with the specifications provided by the American Water Works Association for that substance (AWWA B604-74) revised as of November 1974, as incorporated by reference in Rule 5K-4.002, F.A.C.

4. Water vending machines dispensing purified water shall meet the requirements for purified water as stated in 21 CFR 165 as adopted in Rule 5K-4.002, F.A.C.

5. The vended water from each water vending machine utilizing silver-impregnated carbon filters in the treatment process shall be sampled once every six (6) months for silver and analyzed by an approved laboratory and the results made available for inspection by the Department.

(4) Operating Requirements.

(a) Packaged ice shall be made, packaged, and stored in a food facility in accordance with Chapter 6 of the FDA Food Code as adopted in subsection 5K-4.002(4), F.A.C.

(b) Water vending machines and ice vending machines shall comply with the following:

1. Have a written maintenance program available to the Department for inspection that includes:

a. Visits for cleaning, sanitizing and servicing of machines every two weeks;

b. Written servicing instructions;

c. Technical manuals for the machines; and

d. Technical manuals for the water treatment appurtenances involved.

2. Have chemically treated towelettes for handwashing available and accessible when a sink is not available.

3. Have parts and surfaces of water vending machines and ice vending machines kept clean and maintained.

4. Have the water or ice vending machine chamber and the vending nozzle cleaned and sanitized each time the machine is serviced.

5. Be maintained in a clean and sanitary condition, free from dirt and vermin.

6. Be located in an area that can be maintained in a clean condition and in a manner that avoids insect and rodent harborage.

7. Have a record of cleaning and maintenance operations which shall be kept by the operator for each water or ice vending machine. These records shall be maintained in the unit and made available to the Department upon request.

(5) Packaged ice and products dispensed from a water vending machine or ice vending machine shall be processed and packaged using methods that prevent contamination of the product.

(a) Air used for water agitation shall be filtered or otherwise treated to render it free of oil, dust, dirt, insects and extraneous material.

(b) Manual packaging of ice or water products shall be performed in a manner that will prevent contamination of the packaging material and the product.

(6) Water vending machines and ice vending machines shall have the following information displayed in a conspicuous location on the machine as follows:

(a) Name and address of the owner;

(b) Source of water: either approved public water supply;

(c) Method of treatment to water;

(d) Method of post treatment to water;

(e) Local or toll-free telephone number that may be called for obtaining further information, reporting problems or making complaints; and

(f) A valid decal furnished by the Department, which shall be affixed on each machine in a position clearly visible to the consumer.

(7) Packaged ice, water vending machine, and ice vending machine operators shall keep a record of all complaints received and shall make available upon request to the Department.

(8) Finished Product Quality.

(a) Operators of all packaged ice plants, water vending machines, and ice vending machines shall obtain and have analyzed by an Approved Laboratory, once every quarter of the calendar year, a sample of each type of finished product for microbiological analysis as specified in paragraph (b) below. A “quarter” is defined as one three-month period, four periods per year with at least 30 days between samples. Therefore, unless subject to paragraph (c) below, four (4) samples are required for every full year of operation.

(b) The laboratory analysis shall include testing for fecal and total coliform organisms. Total coliforms shall not be greater than 2.2 organisms/100 ml. using the Most Probable Number (MPN) method or not greater than 1 organism/100 ml. using the Membrane Filtration (MF) method. Ice and/or water shall have no fecal coliform-positive samples.

(c) Any packaged ice, vended water or vended ice sample that tests positive for total coliforms shall be considered unsatisfactory. If any sample collected from a machine is determined to be unsatisfactory by an Approved Laboratory, the machine shall be cleaned, sanitized, and resampled by the operator immediately. Prior to resuming operation, the machine shall be taken out of service until the source of contamination has been located and corrected. When the finished product samples exceed the standards outlined in this rule, samples shall be taken and submitted to an Approved Laboratory, on a weekly basis, until two (2) consecutive samples testing negative for total coliforms are obtained. Copies of weekly sample analyses shall be submitted to the Department upon receipt online at Foodpermitwatertesting@FDACS.gov.

(d) For packaged ice plants, water vending machines and ice vending machines, when three consecutive quarterly samples are each found to contain zero coliform colonies per 100 milliliters of the finished product, microbiological sampling intervals shall be extended to a period not exceeding six months. Should a subsequent six-month sample test positive for total coliform, the required sampling frequency shall revert to the quarterly frequency until three consecutive samples again test negative for total coliform bacteria.

(e) The Department shall collect and analyze samples of finished product when necessary to determine if the product meets quality standards established in this rule. When indicated by reason of complaint or illness, the Department may obtain and analyze or require the packaged ice plant, water vending machine, or ice vending machine owner to obtain and have analyzed, by an Approved Laboratory, samples of source water and/or finished product.

(f) All records of sampling and analyses of source water and finished product shall be maintained for a period of not less than two (2) years after creation and shall be made available to the Department upon request.

(9) Processing and Packaging.

(a) Any spillage created during the manufacture, packaging, transportation, or storage of ice and water products shall be disposed of and shall not be packaged or re-packaged for sale for human consumption.

(b) Ice packaging material shall be constructed of durable, smooth, easily cleanable and nonabsorbent material, and closures shall be designed to protect its contents. Only pin holes or a butterfly vent that does not exceed 1/4 inch in diameter shall be used in ice packaging material. Pin holes or butterfly vents must be located in the upper 1/3 portion of the bag.

(c) Packaging material shall be protected from contamination during storage and handling.

(d) Packaged ice and vended ice shall be properly labeled according to Title 21 Code of Federal Regulation, Part 101 as incorporated by reference in Rule 5K-4.002, F.A.C.

(10) Storage and transportation of packaged ice.

(a) Packaged ice shall be stored above the floor protected from splash and shall not be located in areas susceptible to overhead dripping.

(b) Packaged ice products shall be transported in an enclosed facility designed and equipped to protect the product from contamination and shall be maintained in a clean condition.

(c) Packaged ice shall be handled in such a manner to preclude contamination during transportation and delivery. At no time during transport or delivery shall the packaged ice product come into contact with the floor or ground.

(11) Notification to the department. The owner or operator of a packaged ice plant, water vending machine, or ice vending machine who knows or has reason to believe that a primary maximum contaminant or microbiological level established in Rule Chapter 62-550, F.A.C., and/or paragraph 5K-4.023(2)(b), F.A.C., has been exceeded or believes or has reason to believe that circumstances exist such as source contamination, spills, accidents, natural disasters, breakdowns in the sanitary processing of ice or other similar problems that may adversely affect the safety of the finished product shall notify the Department.

(12) Department responsibilities and duties.

Packaged ice, water vending, and ice vending machine operators shall allow the Department to examine necessary records pertaining to the operation and maintenance of operations, and also provide access to the machines for inspection at reasonable hours.

(13) Commissaries

(a) Ice vending machines shall not operate independent of a Commissary approved by the Department. Each Ice vending machine operator shall submit to the Department a completed Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18) incorporated by reference in paragraph 5K-4.0041(1)(c), F.A.C.

1. Commissary Letter of Agreement, FDACS-14223 (Rev. 11/18), shall be executed on an annual basis.

2. The Ice vending machine operator shall make this agreement available to the Department upon request.

(b) Each Ice vending machine shall be cleaned in accordance with Chapter 4-602 of the FDA Food Code as adopted in Rule 5K-4.002, F.A.C., to clean utensils, and equipment, or dispose of liquid and solid waste.

History

• Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 500.147, 500.459, 500.511 FS. History–New 1-19-95, Formerly 5E-6.023, Amended 8-8-95, 3-16-20, 4-22-26.

Fla. Admin. Code R. 5K-4.024 Late Fees

History

• Rulemaking Authority 500.09, 500.12(1)(b), 570.07(23) FS. Law Implemented 500.12(1)(b) FS. History–New 2-22-95, Formerly 5E-6.024, Repealed 8-8-95.

Fla. Admin. Code R. 5K-4.025 Foreign Produce Labeling

(1) Definitions.

(a) “Department” means the State of Florida Department of Agriculture and Consumer Services.

(b) “Produce” shall mean fresh fruits and vegetables.

(c) “Produced in any country other than the United States” means grown and harvested outside of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands and Guam. Foreign grown fresh fruits and vegetables packed or repacked within the United States, as above defined, are not “produced” in the United States and subject to the labeling requirements specified herein.

(d) “Retail vendor” means any person, firm, or corporation owning or operating any grocery store, fruit and vegetable market, food warehouse, refrigerated storage facility, freezer locker and any other place storing or offering food for sale directly to the consuming public.

(e) “Ultimate purchaser” is the consumer purchasing for use and not resale.

(2) Foreign Label Markings Required. Fresh fruits and vegetables, bee pollen and honey produced in a country other than the United States and offered for retail sale in Florida, shall not be deemed to be misbranded if labeled in one of the following ways:

(a) Each fruit or vegetable may be individually marked showing country of origin. The marking shall be conspicuously placed and shall be as legible, indelible and permanent as the nature of the product will permit. The markings shall in no way cause adulteration of the fruit or vegetable so marked. Markings may be applied prior to or after delivery into Florida.

(b) If produce is packed in consumer units, each unit may show the required country of origin information. In this instance, the individual fruit or vegetable in the packaged unit need not be labeled. Banana clusters shall be considered a consumer unit. Labeling on packages of bee pollen or packages of honey, including any package containing foreign honey blended with domestic honey, shall show the country of origin.

(c) Fresh fruits and vegetables not labeled in accordance with paragraph (a) or (b) of this subsection may be sold at retail providing the country of origin is indicated to the ultimate purchaser by a bin label or placard placed contiguous to the fruits or vegetables being displayed for retail sale. The wording for the bin labels or placards shall be prominent, conspicuous and in terms likely to be easily read and understood by the ultimate purchaser.

(d) Produce displayed in the original master or shipping container, which conspicuously identifies to the ultimate purchaser the country of origin, will be deemed to satisfy the labeling requirements stipulated in Section 500.11(1)(l), F.S.

(3) Enforcement – Inspection of Shipments.

(a) The Department shall be responsible for enforcement of the labeling requirements herein, inspection of incoming shipments, and inspection of the storage or holding of fresh fruits and vegetables in the manner provided in Section 570.15, F.S., as amended by Chapter 79-587, Laws of Florida.

(b) If any inspector of the Department determines that any fresh fruits and vegetables entering Florida are: (a) produced in any country other than the United States, and (b) are not marked as required by Section 504.012, F.S., then the inspector may mark the invoice or manifest for that produce in a bold and legible manner substantially as follows:

“This produce is not labeled in the manner required by Section 504.012, F.S., and shall not be offered for retail sale in Florida unless otherwise labeled in such a manner as to indicate to an ultimate purchaser the country of origin.”

All copies of the invoice or manifest shall be so marked and the Department shall be notified of such action.

(c) The Department shall record the pertinent information on all shipments of unmarked foreign produce, which shall include the destination and consignee of the shipment, the type and quantity of produce, and the identification of the vehicle or vessel used in the transportation of such produce. This information shall be compiled by the Department and made available to any party requesting it.

(d) In the event that any inspector of the Department determines that such fruit not properly marked is offered for sale by any retail vendor, he shall immediately report such fact to the Department. This information shall be compiled by the Department and made available to any party requesting it.

(4) Retail Vendors – Compliance. In the event that any inspector of the Department determines that fruits and vegetables are not properly marked as described in subsection 5K-4.025(2), F.A.C., and are offered for sale by any retail vendor, the Department shall immediately initiate the regulatory measures provided in Sections 500.12, 500.121, 500.172, and 500.305, F.S.

History

• Rulemaking Authority 570.07(16), (23), (24) FS. Law Implemented 570.07(7), (16), 570.15, 504.012, 504.014, 500.11(1)(l), 500.171, 500.172, 500.179 FS. History–New 8-8-95.

Fla. Admin. Code R. 5K-4.026 Export Certification Reports

History

• Rulemaking Authority 500.09, 500.148(3), 570.07(23) FS. Law Implemented 500.09, 500.148(2), (3) FS. History–New 12-29-03, Repealed 3-5-23.

Fla. Admin. Code R. 5K-4.027 Standard of Identity – Honey

(1) This standard applies to all honey produced by honey bees from nectar and covers all styles of honey presentation that are processed and ultimately intended for direct consumption and to all honey packed, processed or intended for sale in bulk containers as honey, that may be repacked for retail sale or for sale or use as an ingredient in other foods.

(2) “Honey” means the natural food product resulting from the harvest of nectar by honeybees and the natural activities of the honeybees in processing nectar. It consists essentially of different sugars, predominantly fructose and glucose as well as other substances such as organic acids, enzymes and solid particles derived from honey collection. The color of honey can vary from nearly colorless to dark brown. The consistency can be fluid, viscous or partially to completely crystallized. The flavor and aroma vary, but are derived from the plant’s origin.

(3) Honey sold as such shall not have added to it any food additives, as defined in Section 500.03(1)(m), F.S., nor shall any other additions be made other than honey. It shall not have begun to ferment or effervesce and no pollen or constituent unique to honey may be removed except where unavoidable in the removal of foreign matter. Chemical or biochemical treatments shall not be used to influence honey crystallization.

(a) Moisture Content – No water may be added to honey in the course of extraction or packing for sale or resale as honey. Honey shall not have a moisture content exceeding 23%.

(b) Sugars Content.

1. The ratio of fructose to glucose shall be greater than 0.9.

2. Fructose and Glucose (Sum of Both) shall not be less than 60g/100g.

(c) Sucrose Content.

1. Honey not listed below shall not be more than 5g/100g.

2. Alfalfa (Medicago sativa), Citrus spp., False Acacia (Robinia pseudoacacia), French Honeysuckle (Hedysarum), Menzies Banksia (Banksia menziesii), Red Gum (Eucalyptus camaldulensis), Leatherwood (Eucryphia lucida), Eucryphia milligani – not more than 10g/100g.

3. Lavender (Lavandula spp) and Borage (Borago officinalis) – not more than 15g/100g.

(4) Name of the Food.

(a) Products conforming to the standard of identity as adopted in this rule shall be designated “honey.” Foods containing honey and any flavoring, spice or other added ingredient or if honey is processed in such a way that a modification to honey occurs that materially changes the flavor, color, viscosity or other material characteristics of pure honey, then such foods shall be distinguished in the food name from honey by declaration of the food additive or modification.

(b) Honey may be designated according to floral or plant source if it comes predominately from that particular source and has the organoleptic, physicochemical and microscopic properties corresponding with that origin.

(c) Where honey has been designated according to floral or plant source (as stated in paragraph (4)(b)), then the common name or the botanical name of the floral source shall be used in conjunction with or joined with the word “honey”.

(d) The styles of honey identified in subparagraphs (4)(e)2. and 3. shall be declared on packaging labeling as “Comb Honey,” “Cut Comb in Honey,” “Honey with Comb” or “Chunk Honey” as appropriate.

(e) Honey may be designated according to the following styles:

1. “Honey” which is honey in liquid or crystalline state or a mixture of the two;

2. “Comb Honey” which is honey stored by bees in the cells of freshly built broodless combs and which is sold in sealed whole combs or sections of such combs;

3. “Cut Comb in Honey,” “Honey with Comb” or “Chunk Honey” which is honey containing one or more pieces of comb honey.

History

• Rulemaking Authority 500.09, 570.07(23), 586.10 FS. Law Implemented 500.03, 500.04, 500.09, 500.10, 500.11, 570.07, 570.50, 586.02, 586.10 FS. History–New 7-14-09.

Fla. Admin. Code R. 5K-4.028 Adulteration and Misbranding – Honey

The following shall be prima facie evidence of adulteration under Section 500.10(2)(d), F.S., or misbranding under Section 500.11(1)(g), F.S., of any product sold or offered for sale as honey:

(1) The product has a maltose content in excess of 10%; or

(2) The product contains oligosaccharides indicative of invert syrup; or

(3) The absolute value of Carbon Stable Isotope Ratio Analysis (CSIRA) is not more negative than -20.0 for the product; or

(4) CSIRA Internal Standard Procedure with a protein value minus honey value is more negative than -1.0 for the product; or

(5) The product fails to conform to the standard of identity stated in Rule 5K-4.027, F.A.C.

History

• Rulemaking Authority 500.09, 570.07(23), 586.10 FS. Law Implemented 500.03, 500.04, 500.09, 500.10, 500.11, 570.07, 570.50, 586.02, 586.10 FS. History–New 7-14-09.

Fla. Admin. Code R. 5K-4.029 Tomato Packing House

(1) Purpose.

(a) This rule establishes inspection procedures and best management practices to enhance the safety of fresh tomatoes packed or repacked in tomato packing houses in Florida, as provided by Chapters 500 and 570, F.S.

(b) In addition to the requirements in statute, Chapters 500 and 570, F.S., and applicable Department rules in Chapters 5K-4 and 5G-6, F.A.C., tomato packers and repackers shall comply with the following rules.

(2) Definitions.

(a) “Department” means the Florida Department of Agriculture and Consumer Services.

(b) “T-BMP” means Tomato Best Management Practices as specified in The Tomato Best Practices Manual as adopted and incorporated by reference in Department Rule 5G-6.009, F.A.C.

(c) “Tomato Packing House” means any establishment that washes, packs, or otherwise treats tomatoes in their unpeeled, natural form before they are marketed.

(3) Inspection.

(a) Regulatory inspections will be performed as frequently as needed to verify adherence to The Tomato Best Practices Manual for product packed or repacked and will be performed at least once annually in packing houses by the Department.

(b) Tomato packers and repackers shall comply with the requirements specified in The Tomato Best Practices Manual, as adopted and incorporated by reference in Department Rule 5G-6.009, F.A.C. A copy of this document may be obtained by contacting the Division of Fruit and Vegetables by mail at P.O. Box 1072, Winter Haven, Florida 33881-3403, by telephone at (863)291-5820, or, electronically through the Department Internet website at www.doacs.state.fl.us/fruits/.

(c) Tomato Packing Houses are exempt from compliance with the provisions of chapters 3 through 7 of the “FDA Food Code” as adopted in this rule chapter, paragraph 5K-4.002(4)(b), F.A.C.

(d) A handwashing sink supplied with running water shall be maintained within a tomato packing house so that it is accessible at all times for employee use and such sinks may not be used for purposes other than handwashing. Food employees shall use the designated handwash sink to wash their hands as specified in Chapter 2 of the FDA Food Code.

(e) Tomatoes in tomato packing houses shall be protected from contamination after rinsing or sanitization by storing the tomatoes in a clean, dry location where exposure to splash, dust, or other contamination is minimized. Tomatoes may not be stored:

1. In locker rooms;

2. In toilet rooms;

3. In dressing rooms;

4. In garbage rooms;

5. In mechanical rooms;

6. Under sewer lines that are not shielded to intercept potential drips;

7. Under leaking water lines or under lines on which water has condensed;

8. Under open stairwells; or

9. Under other sources of contamination.

History

• Rulemaking Authority 500.09(1)(b), (3), (4), 500.12(1)(f), 570.07(6), 570.07(23) FS. Law Implemented 500.03(1)(j), (n), 500.09(1)(b), (4), 500.12(1)(f), 570.48(2)(e) FS. History–New 3-1-09.

Fla. Admin. Code R. 5K-4.030 Kratom Products

(1) Definitions. The definitions provided in Section 500.03, F.S., and the following shall apply to this rule:

(a) “Approved Source” means an establishment manufacturing Kratom Products for human consumption that meets local, state, or federal regulatory food safety or health standards from the jurisdiction of origin.

(b) “Human Consumption” means human ingestion and/or human inhalation. Products intended for Human Consumption include, snuff, chewing gum, and other smokeless products. This term does not include topical applications.

(c) “Ingestion” means the process of consuming Kratom Products through the mouth, whether by swallowing into the gastrointestinal system or through tissue absorption.

(d) “Inhalation” means the process of consuming Kratom Products through the mouth or nasal passages into the respiratory system.

(e) “Kratom Product” means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other edible form.

(f) “Self-Service Merchandising” means an open display of Kratom Products to which the public has access without the intervention of the vendor or a store employee.

(g) “Vending machines” for the purposes of this rule are defined as any self-service device, which upon completion of payment, dispense Kratom Products without the necessity of replenishing the device between each operation.

(2) Permits.

(a) Each establishment distributing products consisting of or containing Kratom Products must be permitted as a Food Establishment pursuant to Section 500.12, F.S., and Rule 5K-4.020, F.A.C.

(b) The annual permit fee for a Food Establishment distributing Kratom Products is $650.00.

(3) Packaging and Labeling.

(a) Kratom Products must be packaged and labeled as required by Chapter 500, F.S.

(b) The label and advertisement shall not contain claims indicating the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease, rendering it a drug as defined in 21 U.S.C. § 321(g)(1), revised as of January 3, 2022, incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-16176, or by requesting a copy by emailing FoodSafety@FDACS.gov. Pursuant to Section 500.03(1)(m) 4., F.S., such articles shall be considered misbranded.

(c) Manufacturers of Kratom Products are subject to the applicable requirements of Chapter 500, F.S. and 21 C.F.R 111, which is incorporated by reference in Rule 5K-4.002, F.A.C.

(d) Kratom Products marketed or labeled as a dietary supplement are subject to the applicable requirements of Chapter 500, F.S. and 21 C.F.R 111, which is incorporated by reference in Rule 5K-4.002, F.A.C.

(4) Age Limit for Kratom.

(a) Any retailer that sells Kratom shall post a clear and conspicuous sign directly adjacent to the display of the product which states the following: THE SALE OF KRATOM TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED. PROOF OF AGE IS REQUIRED FOR PURCHASE.

(b) Kratom may not be mailed, shipped, or otherwise delivered to a purchaser unless, before the delivery to the purchaser, the Food Establishment obtains confirmation that the purchaser is 21 years of age or older.

(c) Food Establishments shall require proof of age from a purchaser of any Kratom product before selling the product to that person. Food Establishments shall exercise diligence in the management and supervision of their premises and in the supervision and training of their employees to prevent the underage sale of these products.

(d) Kratom shall not be offered for sale by means of self-service merchandising unless proof of age has been verified before allowing access to the self-service merchandising.

(e) The giving or sampling of Kratom products by a Food Establishment to any person under the age of 21 is prohibited.

(f) Kratom products shall not be offered for sale by means of vending machines.

(5) Penalties.

(a) Violations of this rule will be evaluated and penalties imposed in accordance with Rule 5K-4.035, F.A.C.

(b) Kratom Products distributed or sold in violation of this rule shall be considered adulterated or misbranded pursuant to Chapter 500, F.S.

(c) Kratom Products must meet the requirements of this rule. Such products not meeting the requirements of this rule may not be sold in this state.

(d) Violations of this rule shall result in the imposition of stop-sale/stop-use orders, an administrative fine of up to $5,000 per violation, permit suspension, permit revocation, or any combination thereof.

(e) The sale of Kratom Products to persons under the age of 21 is punishable as provided in chapter 500, F.S.

(f) Kratom Products distributed or sold in violation of this subsection is subject to Section 500.172, F.S. and penalties as provided in Section 500.121, F.S.

History

• Rulemaking Authority 500.09, 500.12, 500.92, 570.07(23), FS. Law Implemented 500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.92, 500.172, FS. History–New 1-10-24.

Fla. Admin. Code R. 5K-4.033 Limited Poultry and Egg Farm Operation

(1) Purpose.

This rule establishes the regulatory parameters for a farm based Food Establishment, limited to the provision of whole shell eggs and dressed poultry products only.

(2) Definitions.

(a) “Limited Poultry Farm Operation” means a farm-based Food Establishment which directly produces and offers processed poultry for sale. A Limited Poultry Farm Operation meets the definition of a “processor” as defined in section 583.01(20), Fla. Stat.

(b) “Limited Egg Farm Operation” means a farm-based Food Establishment which directly produces and offers whole shell eggs for sale. A Limited Egg Farm Operation meets the definition of an “egg producer” as defined in section 583.01(7), Fla. Stat.

(c) “Farm” means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products.

(d) “Poultry” as defined in section 583.01(19), Fla. Stat.

(3) Limited Poultry Farm Operation – Requirements.

(a) For purposes of this rule, when the criteria for a Producer/Grower – 20,000 Limit Exemption as identified in the USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act (revision date April 1, 2006), as adopted herein, are met as determined by the USDA Food Safety Inspection Service (FSIS), a processor that processes, as defined in 9 C.F.R. 381.1, no more than 20,000 poultry in a calendar year, grown on his or her own farm in the State of Florida, and that does not sell, offer for sale, or hold for the purpose of sale in this state more than 384 dressed poultry in any one week, making the processor a “dealer” as provided in s. 583.01(4), F.S., shall be permitted as a limited poultry farm operation pursuant to 5K-4.020(1)(n), F.A.C. Qualification for this exemption, as identified in the above guidance document, must be met in accordance with the Poultry and Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection 464(c)(1)(C) & (c)(3) and Title 9, Code of Federal Regulations, Chapter 3, subsection 381.10(a)(5) and (b)(1) and (2) as administered by the USDA Food Safety Inspection Service and as adopted by reference herein.

(b) Limited poultry farm operations will be subject to an initial inspection pursuant to Rule 5K-4.020, F.A.C., and may be inspected on a complaint basis thereafter.

(c) The grounds and facilities of a limited poultry farm operation must comply with the applicable sanitation requirements of the Poultry and Poultry Product Inspection Act and Title 9, Code of Federal Regulations, Chapter 3, subsection 416.2 as adopted by reference herein, to prevent conditions that could lead to insanitary conditions, or adulteration of products.

(d) An application or renewal application to permit a limited poultry farm operation pursuant to Rule 5K-4.020, F.A.C., must be accompanied by documentation demonstrating the limited poultry farm operation has an approved water supply and sewage disposal in accordance with the Poultry and Poultry Product Inspection Act and Title 9, Code of Federal Regulations, Chapter 3, subsection 416.2(f) and (g)(1) - (6) as adopted by reference herein.

(e) A limited poultry farm operation shall only sell poultry within the state of Florida as provided in 9 CFR 381.10(5) and the USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act (revision date April 1, 2006), as adopted by reference herein.

(f) Processed poultry distributed by a limited poultry farm operation must bear a label with the name, and address of the limited poultry farm operation where it was produced.

(g) A processor who processes more than 20,000 poultry in a calendar year or a processor that sells, offers for sale, or holds for purposes of sale in excess of 384 dressed poultry in one week, making the processor a “dealer” as provided in s. 583.01(4), F.S., shall be permitted in accordance with Section 583.09, F.S. and Rule 5K-4.020, F.A.C., as required by s. 500.12, F.S., and will not be eligible for a food permit as a limited poultry farm operation.

(4) Limited Egg Farm Operation – Requirements.

(a) For purposes of this rule and in compliance with the Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7, Code of Federal Regulations, Part 57, administered by the USDA Food Safety and Inspection Service, and as adopted by reference herein, an egg producer that maintains a flock of 3,000 hens or fewer on his or her own farm in the State of Florida, for the purpose of producing shell eggs for human consumption, and that does not sell, offer for sale, or hold for the purpose of sale in this state 30 dozen or more eggs in any one week, making the egg producer a “dealer” as provided in s. 583.01(4), F.S., shall be permitted as a limited egg farm operation pursuant to 5K-4.020, F.A.C.

(b) Limited egg farm operations will be subject to an initial inspection pursuant to Rule 5K-4.020, F.A.C., and may be inspected on a complaint basis thereafter.

(c) An application or renewal application to permit a limited egg farm operation pursuant to Rule 5K-4.020, F.A.C., must be accompanied by documentation demonstrating the limited poultry farm operation has an approved water supply and sewage disposal in accordance with the Egg Products Inspection Act and Title 9 Code of Federal Regulations, Part 416.2 as adopted by reference herein.

(d) The grounds and facilities of a limited egg farm operation must comply with the Egg Products Inspection Act and Title 9, Code of Federal Regulations, Chapter 3, subsection 416.2, as adopted by reference herein, to prevent conditions that could lead to insanitary conditions or adulteration of products.

(e) Shell eggs distributed from a limited egg farm operation must be packaged in clean, un-used cartons and must be labeled with the name and address of the farm.

(f) A limited egg farm operation shall not further process whole shell eggs.

(g) An egg producer with flocks of more than 3,000 hens or that sells, offers for sale, or holds for purposes of sale 30 dozen or more eggs in any one week, making the egg producer a “dealer” as provided in s. 583.01(4), F.S., shall be permitted in accordance with Section 583.09, F.S. and Rule 5K-4.020, F.A.C., as required by s. 500.12, F.S., and will not be eligible for a food permit as a limited egg farm operation.

(5) Materials adopted by reference. All documents and materials referenced in this rule are hereby adopted and incorporated by reference and are available as follows:

(a) The Poultry and Poultry Product Inspection Act, Title 21, U.S. Code Chapter 10, subsection 464(c)(1)(C) & (c)(3) revision date January 3, 2024, is accessible through the internet at: http://flrules.org/Gateway/reference.asp?No=Ref-18111.

(b) The USDA Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act; revision date April 1, 2006, is available through the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03707.

(c) Regulations Governing the Inspection of Eggs (Egg Products Inspection Act) as provided in Title 7 Code of Federal Regulations, Part 57, revision date January 1, 2024, is available through the internet at: http://flrules.org/Gateway/reference.asp?No=Ref-18112.

(d) Title 9, Code of Federal Regulations, Chapter 3, section 381.10, revision date January 1, 2024 available at: http://flrules.org/Gateway/reference.asp?No=Ref-18113.

(e) Title 9, Code of Federal Regulations, Part 416, revision date January 1, 2025 available at: http://flrules.org/Gateway/reference.asp?No=Ref-18489.

History

• Rulemaking Authority 500.09(3), (4), (8), 500.12(1)(a), (b), 570.07(23), 583.04 FS. Law Implemented 500.09, 500.12, 583.09 FS. History‒New 3-24-14, Amended 3-16-20, 11-11-25.

Fla. Admin. Code R. 5K-4.034 Hemp Extract for Human Consumption

(1) Products.

(a) Section 500.03, F.S., defines “food” to include hemp extract as defined in Section 581.217, F.S. As such, products consisting of or containing Hemp or Hemp Extract intended for Human Consumption are subject to the requirements of Chapter 500, F.S., Section 581.217, F.S., and Rules 5K-4.002, 5K-4.004, 5K-4.020, 5K-4.021, and 5K-4.035, F.A.C., in addition to the requirements of this rule.

(b) Hemp or Hemp Extract intended for Human Consumption that is not clearly labeled as intended for Inhalation or Ingestion must meet the requirements for products intended for both Inhalation and Ingestion as provided in this rule. If there are different requirements, the stricter standard shall apply.

(2) Definitions. The definitions provided in Sections 500.03 and 581.217, F.S., and the following shall apply to this rule:

(a) “Approved Source” for the purposes of this rule means an establishment processing or manufacturing products consisting of or containing Hemp or Hemp Extract intended for Human Consumption that meets requirements of Section 581.217(7)(a)1.d., F.S.

(b) “Attractive to children” is as defined in Section 581.217(3)(a), F.S.

(c) “Batch” or “Lot” means the Hemp Extract produced during a period of time under similar conditions and identified by a specific code that allows traceability.

(d) “Cartoon” means any drawing or other depiction of an object, person, animal, creature, or any similar caricature that satisfies any of the following criteria:

1. The use of comically exaggerated features;

2. The attribution of human characteristics to animals, plants, or other objects, or the similar use of anthropomorphic technique; or

3. The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunnelling at very high speeds, or transformation.

(e) “Color Additive” is as defined in s. 500.03(1)(g), F.S. Food additives which contribute their own natural color when mixed with foods or other food ingredients are not regarded as color additives, except when used for the purpose of adding color to a food product.

(f) “Common Household Measure” is defined in 21 C.F.R. 101.9(b)(5) which is incorporated by reference in Rule 5K-4.002, F.A.C.

(g) “Expiration Date” means the month and year as determined by the processor, manufacturer, packer, or distributor based on tests or other information showing that the product, until that date, under the conditions of handling, storage, preparation, and use per label directions, will when consumed, contain not less than the quantity of each ingredient as set forth on its label.

(h) “Hemp” is defined in Section 581.217(3)(e), F.S.

(i) “Hemp Extract” is defined in Section 581.217(3)(f), F.S.

(j) “Hemp Food Establishment” means an establishment as defined in Section 500.03(1)(p), F.S., extracting, manufacturing, processing, packing, holding, preparing, or selling Hemp or Hemp Extract intended for Human Consumption at wholesale or retail.

(k) “Human Consumption” includes products intended for human Ingestion and/or human Inhalation but does not include topical applications.

(l) “Ingestion” means the process of consuming Hemp or Hemp Extract through the mouth, whether by swallowing into the gastrointestinal system or through tissue absorption.

(m) “Inhalation” means the process of consuming Hemp or Hemp Extract through the mouth or nasal passages into the respiratory system.

(n) “Manufacturing” or “Processing” for the purposes of this rule means any post-harvest preparation and/or packaging of or containing Hemp or Hemp Extract intended for Human Consumption.

(o) “Self-service merchandising” means a display of unpackaged Hemp or Hemp Extract products to which the public has access without the intervention of the vendor or a store employee.

(p) “Serving” or “Serving Size” means the amount of product intended to be consumed in a single serving as declared on the label expressed in a Common Household Measure. A serving size shall not be a fraction of a piece.

(q) “Synthetic Cannabinoid” means any cannabinoid identified in section 893.03(1)(a)190., F.S.

(r) “Total delta-9 tetrahydrocannabinol concentration” means [delta-9 tetrahydrocannabinol] + (0.877 x [delta-9 tetrahydrocannabinolic acid]).

(s) “Vending machines” for the purpose of this rule are defined as any self-service device which, upon completion of payment, dispense Hemp or Hemp Extract products as defined in Section 581.217(3), F.S. without the necessity of replenishing the device between each operation.

(3) Permits.

(a) Each establishment distributing products consisting of or containing Hemp or Hemp Extract intended for Human Consumption must be permitted as a Hemp Food Establishments pursuant to Section 500.12, F.S., and Rule 5K-4.020, F.A.C.

(b) The annual permit fee for a Hemp Food Establishment is $650.00.

(4) Requirements. In addition to the requirements of Chapter 500 and Section 581.217, F.S. the following requirements apply to Hemp and Hemp Extract intended for Human Consumption:

(a) Hemp or Hemp Extract intended for Ingestion must be processed or manufactured by an Approved Source. The Hemp Food Establishment shall provide a valid food license/permit and the most recent food safety or health inspection report from the Approved Source to the department upon request.

(b) Hemp or Hemp Extract intended for Inhalation must be processed or manufactured by a source permitted to manufacture Hemp or Hemp Extract intended for Inhalation. The Hemp Food Establishment shall provide a valid license/permit and the most recent inspection report from the permitting source to the department upon request.

(c) Hemp and Hemp Extract intended for Human Consumption may not be manufactured, processed, packed, held, prepared, or sold under the Cottage Food Operations Law in Section 500.80, F.S.

(d) Containers used with Hemp Extract intended for Human Consumption must comply with the requirements provided in 21 CFR 170, as incorporated by reference in Rule 5K-4.002, F.A.C.

(e) Hemp or Hemp Extract intended for Human Consumption shall not contain a Total delta-9 tetrahydrocannabinol concentration of more than 0.3%.

(f) Hemp Extract intended for Human Consumption shall not be manufactured, processed, packed, held, or prepared in a private home or in a room used as living or sleeping quarters.

(g) Hemp or Hemp Extract intended for Human Consumption shall not be offered for sale by means of vending machines or self-service merchandising.

(h) Hemp or Hemp Extract intended for Human Consumption held beyond the Expiration Date required in section 581.217(7)(a)2., F.S., shall not be further distributed or offered for sale.

(i) The water activity for Hemp or Hemp Extract for Human Consumption in the form of Cannabis flower or leaves shall be 0.60 (± 0.05).

(5) Contaminants and Limits. In addition to the requirements listed in Chapter 500, F.S., and Rule 5K-4.002, F.A.C., Hemp or Hemp Extract intended for Human Consumption shall be considered adulterated pursuant to Section 500.10(1)(a), F.S., if contaminants are detected at levels greater than the limits listed in this rule.

(a) The following substances are prohibited in Hemp Extract intended for Inhalation:

1. Vitamin E acetate.

2. 2,3-butanedione (Diacetyl).

3. Myclobutanil

(b) Pesticide Limits. The following list of contaminants does not constitute authorization to use or apply any of the following during Hemp cultivation or processing.

1. Abamectin, 300 parts per billion for Ingestion; 100 parts per billion for Inhalation.

2. Acephate, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

3. Acequinocyl, 2,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

4. Acetamiprid, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

5. Aldicarb, 100 parts per billion for Ingestion or Inhalation.

6. Azoxystrobin, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

7. Bifenazate, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

8. Bifenthrin, 500 parts per billion for Ingestion; 100 parts per billion for Inhalation.

9. Boscalid, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

10. Captan, 3,000 parts per billion for Ingestion; 700 parts per billion for Inhalation.

11. Carbaryl, 500 parts per billion for Ingestion or; Inhalation.

12. Carbofuran, 100 parts per billion for Ingestion or Inhalation.

13. Chlorantraniliprole, 3,000 parts per billion for Ingestion; 1,000 parts per billion for Inhalation.

14. Chlordane, 100 parts per billion for Ingestion or Inhalation.

15. Chlorfenapyr, 100 parts per billion for Ingestion or Inhalation.

16. Chlormequat chloride, 3,000 parts per billion for Ingestion; 1,000 parts per billion for Inhalation.

17. Chlorpyrifos, 100 parts per billion for Ingestion or Inhalation.

18. Clofentezine, 500 parts per billion for Ingestion; 200 parts per billion for Inhalation.

19. Coumaphos, 100 parts per billion for Ingestion or Inhalation.

20. Cyfluthrin, 1,000 parts per billion for Ingestion; 500 parts per billion for Inhalation.

21. Cypermethrin, 1,000 parts per billion for Ingestion; 500 parts per billion for Inhalation.

22. Daminozide, 100 parts per billion for Ingestion or Inhalation.

23. DDVP (Dichlorvos), 100 parts per billion for Ingestion or Inhalation.

24. Diazinon, 200 parts per billion for Ingestion; 100 parts per billion for Inhalation.

25. Dimethoate, 100 parts per billion for Ingestion or Inhalation.

26. Dimethomorph, 3,000 parts per billion for Ingestion; 200 parts per billion for Inhalation.

27. Ethoprop(hos), 100 parts per billion for Ingestion or Inhalation.

28. Etofenprox, 100 parts per billion for Ingestion or Inhalation.

29. Etoxazole, 1,500 parts per billion for Ingestion; 100 parts per billion for Inhalation.

30. Fenhexamid, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

31. Fenoxycarb, 100 parts per billion for Ingestion or Inhalation.

32. Fenpyroximate, 2,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

33. Fipronil, 100 parts per billion for Ingestion or Inhalation.

34. Flonicamid, 2,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

35. Fludioxonil, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

36. Hexythiazox, 2,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

37. Imazalil, 100 parts per billion for Ingestion or Inhalation.

38. Imidacloprid, 3,000 parts per billion for Ingestion; 400 parts per billion for Inhalation.

39. Kresoxim-methyl, 1,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

40. Malathion, 2,000 parts per billion for Ingestion; 200 parts per billion for Inhalation.

41. Metalaxyl, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

42. Methiocarb, 100 parts per billion for Ingestion or Inhalation.

43. Methomyl, 100 parts per billion for Ingestion or Inhalation.

44. Methyl parathion, 100 parts per billion for Ingestion or Inhalation.

45. Mevinphos, 100 parts per billion for Ingestion or Inhalation.

46. Myclobutanil, 3,000 parts per billion for Ingestion; prohibited at any concentration for Inhalation.

47. Naled, 500 parts per billion for Ingestion; 250 parts per billion for Inhalation.

48. Oxamyl, 500 parts per billion for Ingestion or Inhalation.

49. Paclobutrazol, 100 parts per billion for Ingestion or Inhalation.

50. Pentachloronitrobenzene, 200 parts per billion for Ingestion; 150 parts per billion for Inhalation.

51. Permethrin, 1,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

52. Phosmet, 200 parts per billion for Ingestion; 100 parts per billion for Inhalation.

53. Piperonyl butoxide, 3,000 parts per billion for Ingestion or Inhalation.

54. Prallethrin, 400 parts per billion for Ingestion; 100 parts per billion for Inhalation.

55. Propiconazole, 1,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

56. Propoxur, 100 parts per billion for Ingestion or Inhalation.

57. Pyrethrins, 1,000 parts per billion for Ingestion; 500 parts per billion for Inhalation.

58. Pyridaben, 3,000 parts per billion for Ingestion; 200 parts per billion for Inhalation.

59. Spinetoram, 3,000 parts per billion for Ingestion; 200 parts per billion for Inhalation.

60. Spinosad A & D, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

61. Spiromesifen, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

62. Spirotetramat, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

63. Spiroxamine, 100 parts per billion for Ingestion or Inhalation.

64. Tebuconazole, 1,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

65. Thiacloprid, 100 parts per billion for Ingestion or; Inhalation.

66. Thiamethoxam, 1,000 parts per billion for Ingestion; 500 parts per billion for Inhalation.

67. Trifloxystrobin, 3,000 parts per billion for Ingestion; 100 parts per billion for Inhalation.

(c) Residual Solvent Limits for Ingestion or Inhalation.

1. 1,2-Dichloroethane, 2 parts per million.

2. 1,1-Dichloroethene, 8 parts per million.

3. Acetone, 750 parts per million.

4. Acetonitrile, 60 parts per million.

5. Benzene, 1 part per million.

6. Butane, 5,000 parts per million.

7. Chloroform, 2 parts per million.

8. Ethanol, 5,000 parts per million.

9. Ethyl Acetate, 400 parts per million.

10. Ethyl Ether, 500 parts per million.

11. Ethylene Oxide, 5 parts per million.

12. Heptane, 5,000 parts per million.

13. Hexane, 250 parts per million.

14. Isopropyl Alcohol, 500 parts per million.

15. Methanol, 250 parts per million.

16. Methylene Chloride, 125 parts per million.

17. Pentane, 750 parts per million.

18. Propane, 5,000 parts per million.

19. Toluene, 150 parts per million.

20. Trichloroethylene 25 parts per million.

21. Xylenes, Total (ortho-, meta-, para-), 150 parts per million.

(d) Metals Limits.

1. Cadmium, 500 parts per billion for Ingestion; 200 parts per billion for Inhalation.

2. Lead, 500 parts per billion for Ingestion or Inhalation.

3. Arsenic, 1,500 parts per billion for Ingestion; 200 parts per billion for Inhalation.

4. Mercury, 3,000 parts per billion for Ingestion; 200 parts per billion for Inhalation.

(e) Biological Limits for Ingestion or Inhalation.

1. Shiga toxin-producing Escherichia coli (STEC E. coli) and other pathogenic E. coli, 1 CFU per gram.

2. Salmonella, 1 CFU per gram.

3. Aspergillus niger, Aspergillus fumigatus, Aspergillus flavus, Aspergillus terreus, 1 CFU per gram.

(f) Mycotoxin Limits.

1. Total Aflatoxin (B1, B2, G1, G2), 20 parts per billion for Ingestion or Inhalation.

2. Ochratoxin, 20 parts per billion for Ingestion or Inhalation.

(g) Total Combined Yeast and Mold – 100,000 CFU per gram for Ingestion or Inhalation.

(h) Cannabinoid Limits. Total delta-9 tetrahydrocannabinol concentration shall not exceed 0.3%.

(i) Color additives prohibited for Hemp or Hemp Extract for Human Consumption:

1. FD&C Blue No. 1

2. FD&C Blue No. 2

3. FD&C Green No. 3

4. Orange B

5. Citrus Red No. 2

6. FD&C Red No. 3

7. FD&C Red No. 40 (Allura Red)

8. FD&C Yellow No. 5

9. FD&C Yellow No. 6

10. FD&C Red No. 3

11. Cochineal extract

12. Carmine

13. Mica-based pearlescent pigments

14. Quinoline Yellow (FD&C Yellow No. 10)

15. Yellow 2G

16. FD&C Green No. 1

17. FD&C Green No. 2

18. FD&C Red No. 1

19. FD&C Red No. 2, Amaranth

20. FD&C Red No. 4, Ponceau SX

21. FD&C Violet No. 1

22. Azorubine Carmoisine

23. Ponceau 4R, Ponceau Red, Cochineal Red A

24. Patent Blue V

25. Green S

26. Brilliant Black BN, Black PN

27. Brown FK

28. Brown HT, Chocolate Brown

29. Cuttlefish Black

30. Cuttle Black

31. Alkanet (Alkane)

32. Carbon Black, Vegetable Carbon

33. Charcoal-NF XI

34. Cudbear

35. Ferric Chloride

36. Ferrous Sulfate

37. Logwood, Chip & Extract

(j) The following substances are prohibited for use in Hemp or Hemp Extract for Human Consumption when used as a color additive:

1. Annatto extract

2. Dehydrated beets (beet powder)

3. Butterfly pea flower extract

4. Calcium carbonate

5. Canthaxanthin

6. Caramel

7. β-Apo-8'-carotenal

8. β-Carotene

9. Sodium copper chlorophyllin

10. Toasted partially defatted cooked cottonseed flour

11. Ferrous gluconate

12. Ferrous lactate

13. Grape color extract

14. Grape skin extract (enocianina)

15. Synthetic iron oxide

16. Fruit juice

17. Vegetable juice

18. Carrot oil

19. Paprika

20. Paprika oleoresin

21. Riboflavin

22. Saffron

23. Soy Leghemoglobin

24. Spirulina extract

25. Titanium dioxide

26. Tomato lycopene extract

27. Tomato lycopene concentrate

28. Tumeric

29. Tumeric oleoresin

(k) If a testing sample is found to contain levels of any pathogen, toxicant, residual solvent, metal, color additive, controlled substance, drug, or pesticide not enumerated in this rule or by Florida law, then the Hemp or Hemp Extract for Human Consumption shall be considered adulterated.

(l) Devices used during the Inhalation process must not introduce contaminants over the limits listed in this rule into the Hemp Extract product.

(6) Product, Packaging, and Labeling. Hemp and Hemp Extract products intended for Human Consumption shall comply with the following requirements for the product, packaging, and labeling, including the certificate of analysis:

(a) Hemp or Hemp Extract intended for Human Consumption must be packaged and labeled as required by Chapter 500, F.S., and Section 581.217(7), F.S.

(b) Hemp or Hemp Extract intended for Human Consumption may only be distributed or sold in a container that is not attractive to children as provided in 581.217, F.S.

(c) If cannabinoids are marketed, the number of milligrams of each cannabinoid per serving and the serving size must be declared on the label.

(d) The label and advertisement shall not contain claims indicating the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease, rendering it a drug as defined in 21 U.S.C. 321(g)(1). Pursuant to Section 500.03(1)(n)4., F.S., such articles shall be considered misbranded.

(e) Hemp Extract intended solely for Inhalation must be clearly labeled with the statement “Not Intended For Ingestion – Do Not Eat.”

(f) The label for all retail products containing Hemp or Hemp Extract intended for Human Consumption must include the serving size and servings per container expressed in Common Household Measures and the net contents expressed in both the appropriate International System of Units (SI) and United States customary units.

(g) For single serving packages and for individually wrapped single serving products within a multi-serving package, a description of the individual container or wrapped product shall be used for the serving size.

(h) If the label of any container of Hemp or Hemp Extract intended for Human Consumption is too small to accommodate all the information required by this subsection, labeling information shall be physically attached to the container.

(i) The label of a product containing Hemp or Hemp Extract intended for Human Consumption in packaged form shall specify conspicuously the name and place of business of the processor, packer, or distributor.

(j) Hemp or Hemp Extract intended for Human Consumption shall be sold and distributed in packaging compliant with ASTM International D3475-20, Standard Classification of Child Resistant Packages, hereby incorporated by reference, and meet one or more of the descriptions of child-resistant packages set out in Table 1 therein. It is a violation of copyright law to post the materials incorporated in this rule on the Internet for public viewing. Accordingly, the public may obtain a copy of ASTM International D 3475-20, Standard Classification of Child Resistant Packages, by purchasing a copy from: ASTM International, 100 Barr Harbor Drive, P.O. Box C 700, West Conshohocken, PA 19428-2959, or at www.astm.org. Copies of the incorporated materials are also available for viewing during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Food Safety offices located at 3125 Conner Blvd., Suite D, Tallahassee, Florida 32399-1650.

(k) The scannable barcode or quick response code required in Section 581.217(7)(a)2., F.S., shall be conspicuously marked and link directly to a webpage where the required certificate of analysis may be found in three or fewer steps.

(l) The scannable barcode or quick response code required in Section 581.217(7)(a)2. F.S., shall be operational for at least 90 days after the expiration date of the product.

(m) The certificate of analysis shall state the name, address, and International Organization for Standardization (ISO) certification number of the independent testing laboratory that conducted the analysis.

(n) The certificate of analysis shall state the name and address of the facility where the batch was processed, the current and valid permit number for the facility issued by a human health or food safety regulatory entity with authority over the facility, and that the facility meets the human health or food safety sanitization requirements of the regulatory entity as documented by the regulatory entity.

(o) The certificate of analysis shall state the concentration of total delta-9 tetrahydrocannabinol and of each prohibited substance, toxicant, residual solvent, metal, and pesticide listed in subsection (5) of this rule that is contained in each batch.

(p) The certificate of analysis shall state whether the pathogens listed in subsection (5)(e) are present or absent in each batch.

(7) Disposal.

(a) Laboratory samples found to contain more than a Total delta-9 tetrahydrocannabinol concentration of 0.3% shall be disposed of in accordance with 21 CFR 1317. 21 CFR 1317 (Revised April 1, 2019) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11452 and by email request to the department at FoodSafety@FDACS.gov.

(b) Hemp or Hemp Extract intended for Human Consumption containing a Total delta-9 tetrahydrocannabinol concentration that exceeds 0.3% shall be detained pursuant to Section 500.172, F.S. Hemp or Hemp Extract intended for Human Consumption containing a Total delta-9 tetrahydrocannabinol concentration that exceeds 0.3% which has been detained pursuant to Section 500.172, F.S. shall not be further subdivided or renumbered such that the integrity of the lot is not maintained. The establishment shall not dispose of the violative Hemp or Hemp Extract intended for Human Consumption in any manner until written permission for removal, use, or disposal is given by the department or a court of competent jurisdiction.

(8) Age Limit for Hemp or Hemp Extract intended for Human Consumption.

(a) Any retailer that sells Hemp or Hemp Extract intended for Human Consumption shall post a clear and conspicuous sign directly adjacent to the display of the product which states the following: THE SALE OF HEMP OR HEMP EXTRACT INTENDED FOR HUMAN CONSUMPTION TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED. PROOF OF AGE IS REQUIRED FOR PURCHASE.

(b) Hemp or Hemp Extract intended for Human Consumption may not be mailed, shipped, or otherwise delivered to a purchaser, including in-store sales, unless before the delivery to the purchaser, the Hemp Food Establishment obtains confirmation that the purchaser is 21 years of age or older.

(c) Hemp Food Establishments shall exercise due diligence in the management and supervision of their premises and in the supervision and training of their employees to prevent the underage sale of these products.

(d) The giving or sampling of Hemp or Hemp Extract intended for Human Consumption products by a Hemp Food Establishment to any person under the age of 21 is prohibited.

(9) Advertising of Hemp or Hemp Extract Intended for Human Consumption. Hemp or Hemp Extract intended for Human Consumption may not be marketed or advertised, including business names and logos, in a manner that is attractive to children or specifically targets children. Marketing and advertising for Hemp or Hemp Extract Products intended for Human Consumption shall not contain:

(a) The use of any words, initialisms, acronyms, phrases, colors or color combinations, visual patterns, logos, images, concepts, names, or slogans that duplicate, imitate, or bear a reasonable resemblance to words, initialisms, acronyms, phrases, colors or color combinations, visual patterns, logos, images, concepts, names, or slogans used in connection with commercially available candy or food products that could be mistaken for branded products, especially by children;

(b) The use of wording, images, designs, representations, pictures, or illustrations that portray or are similar to those used in marketing or advertising of commercially available products that are intended for children; or

(c) The use of any wording that references illegal or unlawful substances or promotes the use of marijuana.

(10) Penalties.

(a) Violations of this rule will be evaluated and penalties imposed in accordance with Rule 5K-4.035, F.A.C.

(b) Hemp or Hemp Extract intended for Human Consumption distributed or sold in violation of this rule shall be considered adulterated or misbranded pursuant to Chapter 500, F.S.

(c) Hemp Extract Products intended for Human Consumption must meet the requirements of this rule. Such products not meeting the requirements of this rule may not be distributed or sold in this state.

(d) Violations of this rule shall result in the imposition of stop-sale/stop-use orders, an administrative fine of up to $5,000 per violation, permit suspension, permit revocation, or any combination thereof.

(e) The sale of Hemp or Hemp Extract intended for Human Consumption to persons under the age of 21 is punishable as provided in section 581.217(7)(d), F.S., and shall result in an administrative fine of $5,000 per occurrence.

(f) Hemp or Hemp Extract for Human Consumption distributed or sold in violation of this rule is subject to Section 500.172, F.S. and penalties as provided in Section 500.121, F.S.

History

• Rulemaking Authority 500.09, 500.12, 570.07(23), 581.217(12) FS. Law Implemented 500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.172, 581.217 FS. History–New 1-1-20, Amended 9-27-21, 3-12-25, 11-2-25.

Fla. Admin. Code R. 5K-4.035 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth guidelines the Department will follow in imposing the penalties authorized under Chapter 500, and section 581.217, F.S. The purpose of the guidelines is to give notice of the range of penalties that will be imposed for a single violation within a three-year period. The three-year period shall be based on the date of the last administrative enforcement action imposed against the violator. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum for a Class II category of $5,000 for each violation as provided in Section 570.971, F.S., except for violations of Section 500.165, F.S., which have a statutory maximum for a Class III category of $10,000 as provided in Section 570.971, F.S. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The Department will enforce compliance with Chapter 500, section 581.217(7), F.S., and this rule chapter by issuing an administrative complaint, a stop-sale order, or stop-use order, notice of non-compliance, permit suspension or revocation, or an immediate final order for violations of Chapter 500, section 581.217(7), F.S. and this rule chapter.

(3) Stop-Sale, or Stop-Use Orders. The Department shall issue a Stop-Sale, or Stop-Use Order FDACS-14215 , (Rev. 04/19), as provided in Section 500.172, F.S., whenever necessary to effectuate the statutory duties of the Department in the interest of public health, safety, and welfare and as necessary to promote the safety of any food product, food-processing equipment, or areas within an entity operating as a Food Establishment in Florida. A Stop-Sale, or Stop-Use Order 14215, (Rev. 04/19), will be used to give notice that such a product, processing equipment or area is, or is suspected of, failing to comply with the requirements of Chapter 500, section 581.217(7), F.S., or this rule chapter, and shall prohibit the removal, use, or disposal of such item. The Stop-Sale, or Stop-Use Order FDACS-14215, (Rev. 04/19), is incorporated by reference and avilable online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11722.

(4) Nothing in this rule shall limit the ability of the Department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(5) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to, encompass all possible violations of statute or Department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and

(b) The mitigating or aggravating factors listed in this rule.

(6) Aggravating and Mitigating Factors. The Department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 500, section 581.217(7), F.S. and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. The violation caused, or has the potential to cause, harm to the public and the degree or extent of such harm.

2. The violation endangered the public safety or welfare.

3. Previous violations for the same or a similar offense that resulted in enforcement action, defined as follows:

a. First Offense. A violation of any law subject to penalty under Chapter 500, or section 581.217(7), F.S., when no disciplinary administrative complaints involving the same permitholder have been filed with the Agency Clerk within the three years preceding the date the current administrative complaint is issued.

b. Second Offense. A violation of any law subject to penalty under Chapter 500, or section 581.217(7), F.S., after one disciplinary administrative complaint involving the same permitholder has been filed with the Agency Clerk within the three years preceeding the date the current administrative complaint is issued, even if the current violation is not the same as the previous violation.

c. Third and Any Subsequent Offense. A violation of any law subject to penalty under Chapter 500, or section 581.217(7), F.S., after two disciplinary administrative complaint involving the same permitholder has been filed with the Agency Clerk within the three years preceeding the date the current administrative complaint is issued, even if the current violation is not the same as the previous violation.

4. The violation history over the past three years.

5. The violation was repeated within one year.

6. The violator impeded, or otherwise failed to cooperate with, the Department’s inspection and/or investigation.

7. Whether the violation resulted from negligence or an intentional act.

8. The cost of enforcement action.

9. The number of other violations proven in the same proceeding.

10. The benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation.

2. Whether intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Acts of God or nature that impaired the ability of the violator to comply with Chapter 500, section 581.217(7), F.S., or this rule chapter.

4. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

5. The disciplinary history of the violator.

6. The violator expeditiously took affirmative or corrective action after it received written notification of the violation to rectify any financial damage or harm to the public.

7. If a repeat violation, whether three years has passed since the prior violation.

(7) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(8) In addition to the penalties established in this rule, the Department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the Department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the Department.

(9) Penalties.

(a) Minor Violation. Any Department investigation or inspection which reveals violations of this Rule Chapter in which the Department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Non-Compliance as the Department’s first response to the violation. For the purposes of this rule, the following violations shall be considered minor and shall result in the issuance of a notice of noncompliance:

1. Violations to subsection 5K-4.002(1), F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

2. Violations to subsection 5K-4.002(2), F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

3. Violations to subsection 5K-4.002(3), F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

4. Violations to subsection 5K-4.002(4), F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

5. Violations to Rule 5K-4.004, F.A.C, where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

6. Violations to subsection Rule 5K-4.0041, F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

7. Violations to Rule 5K-4.0050, F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

8. Violations to Rule 5K-4.023, F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

(b) Major Violations. Any violation of Chapter 500, section 581.217(7), F.S., or this rule chapter that may result in economic or physical harm to a person or may adversely affect the public health, safety, or welfare or creates a significant threat of such harm shall be considered a major violation. Major violations shall result in the issuance of a stop-sale or stop-use order and an administrative fine of $500 up to the statutory maximum, or any combination thereof. Aggravating factors, as defined in paragraph (6)(a) of this rule shall warrant the adjustment of the fine upward per violation per aggravating factor and mitigating factors, as defined in paragraph (6)(b) of this rule, shall warrant the adjustment of the fine downward per violation per mitigating factor, but no fine shall exceed the statutory maximum as outlined in section 570.971, F.S., as applicable. If, three years after the day of the last violation under Chapter 500, section 581.217(7), F.S., or this rule chapter, no new violation has occurred, all previous fines shall be disregarded when administering a fine for the next violation. For the purposes of this rule, the following violations shall be considered major violations:

1. Operating a Food Establishment with no hot water available.

2. Operating a Food Establishment while hot water is available, but the source is turned off.

3. Failure to provide copies of required microbiological and/or chemical analysis for review.

4. Operating a Food Establishment without the required service sink or curbed cleaning facility.

5. Failure to have an adequate or accurately maintained process control system including Hazards Analysis and Critical Control Points (HACCP), scheduled process, food safety plan, or any such other requirement in provided in by Rule 5K-4.002, F.A.C.

6. Failure to follow process control system such as, but not limited to, Hazards Analysis and Critical Control Points (HACCP), scheduled process, food safety plan, or any such other requirement provided in Rule 5K-4.002, F.A.C.

7. The manufacture, sale or delivery, holding or offering for sale any food that is deemed adulterated, as outlined in Section 500.10, F.S.

8. The manufacture, sale or delivery, holding or offering for sale any food that is misbranded as provided in Section 500.11, F.S., or in 21 CFR Part 101 as incorporated in Rule 5K-4.002, F.A.C.

9. Transporting food under conditions which may render the food to be deemed adulterated, as provided in Section 500.10, F.S.

10. Transporting food in a vessel contaminated by any substance that may pose a threat to human health as provided in Section 500.165, F.S.

11. Packaged ice found in violation of subsection 5K-4.023(5), F.A.C.

12. Vended water or ice sample found positive for coliforms or E. coli.

13. The presence of a pathogenic Escherichia Coli, Salmonella Enterica, or Listeria Monocytogenes found in the environment of a Food Establishment in a location where contamination of food is likely to occur from the presence of the organism(s). In case of such violation, a stop-use order(s) shall be issued and shall not be released by the Department until the Food Establishment has cleaned and/or repaired the affected areas and all test results following environmental sampling are observed by the Department and reported as “negative” from an ISO (International Organizaiton of Standardization) 17025 based accrediated laboratory certified to conduct testing for the microorganism of concern. Any and all cleaning, repairs, environmental sampling and testing shall be at the expense of the facility.

14. Violation of 21 CFR Part 117.20, as incorporated in Rule 5K-4.002, F.A.C. Sewage is not conveyed to the point of disposal through an approved sanitary sewage system or another system constructed, maintained, and operated according to law, which may result in a way that a public health hazard or nuisance is created.

15. Violation of 21 CFR Part 117.20, as incorporated in Rule 5K-4.002, F.A.C. Premises are not maintained free of roaches and rodents.

16. Violations that result in a second and any subsequent minor violation within a three-year period.

17. The receipt of two or more consecutive inspection reports not meeting requirements.

18. The receipt of an inspection report not meeting inspection requirements, followed by an inspection report meeting inspection requirements, followed by an inspection report not meeting inspection requirements, within a three-year period.

19. The person-in-charge does not exclude or restrict a food employee from an establishment as required in section 2-201.12 of the Food Code incorporated by reference in Rule 5K-4.002, F.A.C.

20. The misbranding of species identification.

21. Refusal to permit entry or inspection during operating hours as required by Section 500.147, F.S.

22. Operating as a Food Establishment without a valid food permit as provided in Section 500.12, F.S.

23. Failing to notify the Department within 30 days after closure or dissolution of the business in violation of subsection 5K-4.020(7), F.A.C.

24. Any violation requiring an Immediate Final Order, as authorized by Chapter 500, F.S.

(10) Willful Violations. Willful violations shall result in the imposition of an administrative fine of $5,000 per violation, permit suspension, or permit revocation or any combination thereof. The following shall constitute a willful violation:

(a) The unauthorized breaking, cutting, or removal of any seal or tag applied by the Department.

(b) The sale or distribution, or offering for sale or distribution, of any commodity under stop sale order unless done so within the parameters of a conditional release.

(c) The use of any equipment under stop-use order unless done so within the parameters of a conditional release.

(d) Failure to comply with conditions stipulated in a release of a stop-sale, and/or stop-use order.

(e) The introduction of adulterated or misbranded products into commerce.

(f) The failure to comply with either a Final Order, Immediate Final Order, or a Default Final Order of the Department.

(g) Operating a Food Establishment that has been deemed an imminent threat to the public health, safety, and welfare by the Department for failure to comply with Chapter 500, F.S., this rule, and/or Rule Chapter 5K-4, F.A.C.

(h) The falsification of any records required under Chapter 500, F.S. this rule, and/or Chapter 5K-4, F.A.C.

(11) Resolution Of Violations, Settlement, And Additional Enforcement Remedies.

(a) The Department and person(s) charged with a violation may agree to resolve violations prior to an administrative hearing or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule chapter shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or 500, F.S.

(b) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The Department shall impose administrative fines in a Default Final Order equal to the maximum amount possible, not to exceed $5,000 per violation.

(c) A violator’s failure to comply with either a Final Order or a Default Final Order of the Department shall result in additional enforcement actions as authorized by law.

(d) Fines resulting from multiple violations or Final Orders shall be assessed cumulatively.

History

• Rulemaking Authority 500.09, 500.12, 570.07(23), 581.217(12) FS. Law Implemented 500.04, 500.09, 500.121, 500.171, 500.172, 500.173, 500.174, 500.177, 581.217(7), FS. History–New 3-16-20, Amended 11-20-23.

Fla. Admin. Code R. 5K-4.041 Documents Incorporated by Reference and Definitions

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.012, 502.014, 503.031, 502.053, 502.091 FS. History–New 7-24-70, Amended 1-26-81, 8-31-82, 10-9-86, Formerly 5D-1.01, Amended 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 11-29-95, 10-15-03, 4-14-08, Formerly 5D-1.001, Transferred to 5K-10.001.

Fla. Admin. Code R. 5K-4.042 Permits, Licenses and Inspections

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.032, 502.053, 502.091, 502.165, 502.231, 503.031, 503.041, 503.051 FS. History–New 9-21-67, Amended 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.03, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.003, Transferred to 5K-10.002.

Fla. Admin. Code R. 5K-4.043 Dating; Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Desserts

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.042, 502.091, 503.031 FS. History–New 9-21-67, Amended 9-26-69, 12-24-71, 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.07, Amended 10-9-86, 5-19-87, 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.007, Transferred to 5K-10.003.

Fla. Admin. Code R. 5K-4.044 Future Dairy Farms, Milk Plants, Manufacturing Milk Plants and Frozen Dessert Plants

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.053, 502.091, 502.121, 503.031 FS. History–New 9-21-67, Amended 10-27-67, 3-19-69, 1-26-81, 8-16-84, Formerly 5D-1.12, Amended 6-27-90, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.012, Transferred to 5K-10.004.

Fla. Admin. Code R. 5K-4.0010 Definitions

For the purpose of this rule chapter, the definitions in Section 500.03, F.S., and the following shall apply.

(1) Candy is a type of confectionery that does not require refrigeration. Candy includes hard candies such as lollipops, chocolates, chocolate or sugar covered fruits or nuts, caramels, toffees or similar sugar-based foods customarily eaten as snack foods.

(2) Confectionery mean sweet foods such as candy, chewing gum, or similar foods made primarily of sugar or sugar substitutes. Confectionery does not include baked goods where flour is the main ingredient such as cakes, cookies, or frozen desserts.

(3) Commissary means a support service location for a Mobile Food Establishment that meets all applicable requirements of Chapter 500, F.S., and Chapter 5K-4, F.A.C.

(4) Distribution means the transfer of food from one business to another, or from one business location to another.

(5) Ice means food that is formed from water by freezing to a solid state that is intended for human consumption or offered for other use by the consumer.

(6) Ice Vending Machine means a Food Establishment that is a self-serving device that, upon insertion of a coin or token or upon receipt of payment by any means, dispenses a bag or a bulk service of ice to a customer.

(7) Maximum Contaminant Level (MCL) means the maximum permissible level of a contaminant as set forth in Rule 64E-8.006, F.A.C., and rule Chapter 62-550, F.A.C.

(8) Mobile Food Establishments are Food Establishments that are self-propelled or otherwise moveable from place to place such as a truck, trailer, or similar self-propelled conveyance or non-permanent kiosk or table where pre-packaged food products are sold.

(9) Potentially Hazardous Food/Time/Temperature Control for Safety Food (PHF/TCS) means food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

(10) Potable Water means water that meets the quality standards of Chapter 62-550, F.A.C., and is satisfactory for drinking, culinary, and domestic purposes.

(11) Production Batch of Sprouts means all sprouts that are started at the same time in a single growing unit (e.g., a single drum or bin, or a single rack of trays that are connected to each other), whether the sprouts are grown from a single lot of seed (including, for example, when multiple types of seeds are grown in a single growing unit).

(12) Processing means Manufacturing/processing as defined in 21 CFR 1.227 as adopted by reference in Rule 5K-4.002, F.A.C., unless otherwise specified in this rule chapter.

(13) Retail Food Establishment means an establishment that sells food products directly to consumers as its primary function.

(14) Water Vending Machine means a self-service device that, upon insertion of a coin or token or upon receipt of payment by any means, dispenses a serving of water into a container.

(15) Wholesale Food Establishment means an establishment whose sales of food products directly to consumers is not its primary function.

History

• Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 381.0062, 500.03, 500.10, 500.12, 500.147, 500.459, 500.511 FS. History‒New 3-16-20.

Chapter 5K-5 POULTRY

Fla. Admin. Code R. 5K-5.001 Definition of Terms

History

• Rulemaking Authority 583.04, 583.17 FS. Law Implemented 583.12, 583.13, 583.17 FS. History–New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-7.01, 5E-7.001, Repealed 7-5-95.

Fla. Admin. Code R. 5K-5.002 Certification of Dealers

History

• Rulemaking Authority 583.17 FS. Law Implemented 583.01, 583.14, 583.18 FS. History–New 12-31-74, Amended 12-23-84, Formerly 5E-7.02, 5E-7.002, Repealed 7-5-95.

Fla. Admin. Code R. 5K-5.003 Tagging or Labeling Dressed (Ready-to-Cook) Poultry

(1) Grade and part name or whole bird statement. The required declaration of grade and part name or whole bird statement must appear on the face of all tags or labels; and, in the case of reversible tags where trade-marks and extraneous advertising material are shown on both sides, then the state requirement of grade and part name or whole bird statement must appear on both sides. The state required declaration of grade and part name or whole bird statement must be separate and distinct and not subordinated to extraneous advertising material and must be plainly and legibly printed. Trade-marks, advertising and sales legends that do not conflict with nor becloud the grade and part name or whole bird statement may appear on such tags or labels.

(2) Fresh and frozen poultry (whole, cut-up, and parts).

(a) Wholesale. Whole birds, cut-up and parts must be labeled or have imprinted or stamped on the individual wrappers the state requirement of grade, part name or whole bird statement and the name and address of the dealer. For labeling instructions of individual parts, such as thighs, breasts, wings, etc., refer to subsection 5K-5.010(2), F.A.C. Boneless, skinless breasts may or may not carry a grade, giblets and stripped backs do not carry a grade but must be labeled to meet the other requirements.

(b) Retail (Not packaged; Bulk). In refrigerated cases with open displays of unpackaged ready-to-cook poultry, placards declaring the grade and part name or whole bird statement must be displayed immediately adjacent thereto. The size of the print used on such placard shall be that stated in the law.

(c) Retail (Packaged). Packaged ready-to-cook poultry offered for sale at retail must be labeled to show grade, part name or whole bird statement, net weight, and name and address of the dealer. The size of the type on the label shall be that stated in the law.

(3) Labeling master containers.

(a) All master containers in which dressed poultry (ready-to-cook), either loose or in smaller containers or individual wrappers, must also be labeled or have imprinted or stamped thereon the state requirement of grade, part name or whole bird statement, name and address of dealer of the poultry contained therein. The size of print used in such declaration must be that stated in the law.

(b) The requirement for declaring grade applies to all packages, and, in the case where poultry has been processed, packed or frozen in other states and shipped into Florida for sale within the state of Florida does not obviate or exempt the requirements for declaration by either tagging, imprinting, or stamping with a rubber stamp on all such master containers.

(4) Type or tag or label. The type of tag or label used is optional; however, the tag or label cannot be re-used. The size of print used in declaration of grade and part name or whole bird statement must be that stated in the law. A sample of proposed tag or label should be submitted to the Department for approval.

(5) Replacing tags or labels. Tags or labels may be replaced on dressed poultry when it is determined by official state inspection that tags or labels affixed are inaccurate or in violation of the provisions of the Florida poultry law or rules promulgated thereunder. In such case proper tags or labels shall be affixed in compliance with the law and rules, under supervision of a state inspector.

History

• Rulemaking Authority 583.04, 583.17 FS. Law Implemented 583.12, 583.13, 583.17 FS. History–New 2-1-74, Repromulgated 12-31-74, Amended 7-22-75, 12-23-84, Formerly 5E-7.03, 5E-7.003.

Fla. Admin. Code R. 5K-5.004 Sanitary Requirements

History

• Rulemaking Authority 500.09, 500.20, 583.04, 583.17 FS. Law Implemented 500.09, 583.12, 583.13 FS. History–New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-7.04, 5E-7.004, Repealed 7-5-95.

Fla. Admin. Code R. 5K-5.005 Advertising

(1) In all advertisements, including placards, window, posters, newspapers, radio and television, the State requirement of grade and part name or whole bird statement must be stated.

(2) Unit price quotation. Where individual birds are advertised and price is quoted per head, minimum net weight of the whole carcass must be declared. Where price is quoted for a unit or group of whole birds, the minimum net weight of the unit or group must be declared.

(3) CUT-UP POULTRY. In the advertising of cut-up poultry parts, such advertising shall be explicit and an accurate description of grade and name of part. In refrigerated cases with open displays of separated, cut-up poultry parts, not prepackaged, placards declaring the grade and name of parts must be displayed. (No grade has been established for giblets or stripped backs; however, name of parts must be clearly stated on labels and in all advertising. See subsection 5K-5.010(2), F.A.C., for description of poultry parts.)

History

• Rulemaking Authority 583.17 FS. Law Implemented 583.13(2), 583.17 FS. History–New 12-31-74, Amended 12-23-84, Formerly 5E-7.05, 5E-7.005.

Fla. Admin. Code R. 5K-5.006 Jurisdiction of Poultry Law

History

• Rulemaking Authority 583.04, 583.17 FS. Law Implemented 583.13(1), (2), 583.14, 583.16 FS. History–New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-7.06, 5E-7.006, Repealed 7-5-95.

Fla. Admin. Code R. 5K-5.008 Records

All dealers shall keep for a period of two years all invoices, manifests, bills of lading, warehouse receipts, receiving and delivery receipts, record of checks issued, bank deposits, bank account statements, and paid checks, ledgers, books of accounts, memoranda or other equivalent information relating to the purchase, sale or transfer of dressed poultry, showing the name of the seller or consignor, the name of the purchaser or consignee, the quantity, source, grade and part name or whole bird statement and make such records readily available to the Department during all business hours for the purpose of inspection, examination and audit.

History

• Rulemaking Authority 583.17 FS. Law Implemented 583.15, 583.18(4) FS. History–New 12-31-74, Amended 12-23-84, Formerly 5E-7.08, 5E-7.008.

Fla. Admin. Code R. 5K-5.009 Classes and Kinds of Live Poultry, Dressed Poultry, and Ready-to-Cook Poultry

History

• Rulemaking Authority 583.17 FS. Law Implemented 583.01 FS. History–New 12-31-74, Amended 12-31-84, Formerly 5E-7.09, 5E-7.009, Repealed 7-5-95.

Fla. Admin. Code R. 5K-5.010 Florida Standards of Quality for Dressed Poultry and Ready-to-Cook Poultry – Whole, Cut-Up and Cut-Up Parts

(1) General.

(a) The Florida standards for quality contained in this section are applicable as indicated in the headings with respect to said sections, to individual carcasses of ready-to-cook poultry, to parts of ready-to-cook poultry as described in subsection (2) of this section, and to individual units of the specified poultry food products.

(b) Carcasses, parts, or poultry food products found to be unsound, unwholesome, or otherwise unfit for human food in whole or in part, shall not be given any of the quality designations.

(c) The following factors shall be considered in ascertaining the quality of an individual carcass or part:

1. Conformation.

2. Fleshing.

3. Fat covering.

4. The degree of freedom from pinfeathers and vestigial feathers (i.e., hair or down, as the case may be).

5. The degree of freedom from tears and cuts (exclusive of normal processing cuts).

6. The degree of freedom from disjointed bones and broken bones.

7. The degree of freedom from discolorations of the skin and of the flesh and from blemishes and bruises of the skin and flesh.

8. The degree of freedom from freezing defects.

(d) In interpreting the respective requirements for ‘Premium” Quality, “Good” Quality and “Standard” Quality, as provided in this section, the intensity, aggregate area involved and locations of:

1. Discolorations (whether or not caused by dressing operations).

2. Bruises.

3. Pinfeathers.

4. Freezing defects as such defects individually, or in combination, detract from the general appearance, shall be considered in determining the particular quality of an individual carcass or part.

(e) A ready-to-cook carcass which has a defect may be graded after the defective portion has been removed. The fact that a portion has been removed, will not be considered in determining the quality of the balance of the carcass if the remaining portion of the carcass is to be disjointed and packed as parts or used in the fabrication of poultry food products. Poultry parts which have been properly cut as described in subsection (2) of this rule may be graded after they have been cut from the carcass, if the class is known and the parts are not misshapen or have nearly the same appearance as prior to cutting from the carcass.

(f) The standards of quality are applicable to poultry parts cut in the manner described in subsection (2) of this rule. Similar parts cut in a manner other than described in subsection (2) of this rule may be grade identified only when approved by the Department upon determination that the labeling for such parts accurately describes the product. Requests for such approval shall be made to the Department.

(2) Cut-up poultry parts.

(a) “Breasts” shall be separated from the back at the shoulder joint and by a cut running backward and downward from that point along the junction of the vertebral and sternal ribs. The ribs may be removed from the breasts, and the breasts may be cut along the breastbone to make two approximately equal halves; or the wishbone portion, as described in paragraph (2)(c) of this rule may be removed before cutting the remainder along the breastbone to make three parts. Pieces cut in this manner may be substituted for lighter or heavier pieces for exact weight-making purposes, and the package may contain two or more of such parts without affecting the appropriateness of the labeling as e.g., “chicken breasts.” Neck skin shall not be included with the breasts, except that “turkey breasts” may include neck skin up to the whisker.

(b) “Breasts with ribs” shall be separated from the back at the junction of the vertebral ribs and back. Breasts with ribs may be cut along the breastbone to make two approximately equal halves; or the wishbone portion, as described in paragraph (2)(c) of this rule may be removed before cutting the remainder along the breastbone to make three parts. Pieces cut in this manner may be substituted for lighter or heavier pieces for exact weight-making purposes, and the package may contain two or more of such parts without affecting the appropriateness of the labeling as “breasts with ribs.” Neck skin shall not be included.

(c) “Wishbones” (Pulley Bones), with covering muscle and skin tissue, shall be severed from the breast approximately halfway between the end of the wishbone (hypocledium) and from point of the breastbone (cranial process of the sternal crest) to a point where the wishbone joins the shoulder. Neck skin shall not be included with the wishbone.

(d) “Drumsticks” shall be separated from the thigh by a cut through the knee joint (femorotibial and patellar joint) and from the hock joint (tarsal joint).

(e) “Thighs” shall be disjointed at the hip point and may include the pelvic meat, but shall not include the pelvic bones. Back skin shall not be included.

(f) “Legs” shall include the whole leg, i.e., the thigh and the drumstick, whether jointed or disjointed. Back skin shall not be included.

(g) “Wings” shall include the entire wing with all muscle and skin tissue intact, except that the wingtip may be removed.

(h) “Backs” that are officially identified shall meet the applicable provisions of subsection 5K-5.010(3), F.A.C.

(i) “Halves” are prepared by making a full-length back and breast split of an eviscerated poultry carcass so as to produce approximately equal right and left sides.

(j) “Quarters” consist of the entire eviscerated poultry carcass, which has been cut into four equal parts, but excluding the neck.

(k) “Breast quarter” consists of half a breast with the wing and a portion of the back attached.

(l) “Breast quarter without wing” consists of a front quarter of a poultry carcass, from which the wing has been removed.

(m) “Leg quarter” consists of a poultry thigh and drumstick, with a portion of the back attached.

(n) “Thigh with back portion” consists of a poultry thigh with back portion attached.

(o) “Legs with pelvic bone” consists of a poultry leg with adhering meat and skin and pelvic bone.

(p) “Wing drummette” consists of the humerus (first portion) of a poultry wing with adhering skin and meat attached.

(3) Standards for quality of ready-to-cook poultry.

(a) “Premium” Quality.

1. Conformation. The carcass or part is free of deformities that detract from its appearance or that affect the normal distribution of flesh. Slight deformities, such as slightly curved or dented breastbones and slightly curved backs, may be present.

2. Fleshing. The carcass has a well developed covering of flesh considering the kind, class, and part.

a. The breast is moderately long and deep, and has sufficient flesh to give it a rounded appearance with the flesh carrying well up to the crest of the breastbone along its entire length.

b. The leg is well fleshed and moderately thick and wide at the knee and hip joint area, and has a well-rounded, plump appearance with the flesh carrying well down toward the hock and upward to the hip point area.

c. The drumstick is well fleshed and moderately thick and wide at the knee joint, and has a well-rounded, plump appearance with the flesh carrying well down toward the hock.

d. The thigh is well to moderately fleshed.

e. The wing is well to moderately fleshed.

3. Fat covering. The carcass or part, considering the kind, class, and part, has a well-developed layer of fat in the skin. The fat is well distributed so that there is a noticeable amount of fat in the skin in the areas between the heavy feathers tracts.

4. Defeathering. The carcass or part has a clean appearance, especially on the breast. The carcass or part is free of pinfeathers, diminutive feathers, and hair which are visible to the grader.

5. Exposed flesh. Parts are free of exposed flesh, resulting from cuts, tears, and missing skin (other than slight trimming on the edge). The carcass is free of these defects on the breast and legs. Elsewhere, the carcass may have exposed flesh due to slight cuts, tears, and areas of missing skin, provided that the aggregate of the areas of flesh exposed does not exceed the area of a circle of the diameter as specified in the Summary of Specifications chart.

6. Disjointed and broken bones and missing parts. Parts are free of broken bones. The carcass is free of broken bones and has not more than one disjointed bone. The wing tips may be removed at the joint, and in the case of ducks and geese, the parts of the wing beyond the second joint may be removed, if removed at the joint and both wings are so treated. The tail may be removed at the base. Cartilage separated from the breastbone is not considered as a disjointed or broken bone.

7. Discolorations of the skin and flesh. The carcass or part is practically free of such defects. Discolorations due to bruising shall be free of clots (discernible clumps of red or dark cells). Evidence of incomplete bleeding, such as more than an occasional slightly reddened feather follicle, is not permitted. Flesh bruises and discolorations of the skin, such as “blue back’ are not permitted on the breast or legs of the carcass, or on these individual parts, and only lightly shaded discolorations are permitted elsewhere. The total areas affected by flesh bruises, skin bruises, and discolorations, such as “blue back,” singly, or in any combination, shall not exceed one-half of the total aggregate area of permitted discoloration. The aggregate area of all discolorations for a part shall not exceed that of a circle one-fourth inch in diameter for poultry weighing up to 6 pounds and one-half inch in diameter for poultry weighing over 6 pounds. The aggregate area of all discolorations for a carcass shall not exceed the area of a circle of the diameter as specified in the Summary of Specifications chart.

8. Freezing defects. With respect to consumer packaged poultry, parts, or specified poultry food products, the carcass, part, or specified poultry food product is practically free from defects which result from handling or occur during freezing or storage. The following defects are permitted if they, alone or in combination, detract only very slightly from the appearance of the carcass, part, or specified poultry food product:

a. Slight darkening over the back and drumsticks, provided the frozen bird or part has a generally bright appearance;

b. Occasional pockmarks due to drying of the inner layer of skin (derma) (however, none may exceed the area of a circle one-eighth inch in diameter for poultry weighing 6 pounds or less and one-fourth inch in diameter for poultry weighing over 6 pounds);

c. Occasional small areas showing a thin layer of clear or pinkish colored ice.

9. Backs. Premium quality backs shall meet all applicable provisions of this section pertaining to parts, and shall include the meat contained on the ilium (oyster), pelvic meat and skin and vertebral ribs and scapula with meat and skin.

(b) “Good” Quality.

1. Conformation. The carcass or part may have moderate deformities such as a dented, curved, or crooked breast, crooked back or misshapen legs or wings, which do not materially affect the distribution of flesh or the appearance of the carcass or part.

2. Fleshing. The carcass has a moderate covering of flesh considering the kind, class, and part.

a. The breast has a substantial covering of flesh with the flesh carrying up to the crest of the breastbone sufficiently to prevent a thin appearance.

b. The leg is fairly thick and wide at the knee and hip joint area, and has sufficient flesh to prevent a thin appearance.

c. The drumstick has a sufficient amount of flesh to prevent a thin appearance with the flesh carrying fairly well down toward the hock.

d. The thigh has a sufficient amount of flesh to prevent a thin appearance.

e. The wing has a sufficient amount of flesh to prevent a thin appearance.

3. Fat covering. The carcass or part has sufficient fat in the skin to prevent a distinct appearance of the flesh through the skin, especially on the breast and legs.

4. Defeathering. The carcass or part may have a few nonprotruding pinfeathers or vestigial feathers which are scattered sufficiently so as not to appear numerous. Not more than an occasional protruding pinfeather or diminutive feather shall be in evidence under a careful examination.

5. Exposed flesh. Parts may have exposed flesh resulting from cuts, tears, and missing skin, provided that not more than a moderate amount of the flesh normally covered by skin is exposed. The carcass may have exposed flesh resulting from cuts, tears, and missing skin, provided that the aggregate of the areas of flesh exposed does not exceed the area of a circle of the diameter as specified in the Summary of Specifications chart. Notwithstanding the foregoing, a carcass meeting the requirements of Premium quality for fleshing may be trimmed to remove skin and flesh defects, provided that no more than one-third of the flesh is exposed on any part, and the meat yield of any part is not appreciably affected.

6. Disjointed and broken bones and missing parts. Parts may be disjointed, but are free of broken bones. The carcass may have two disjointed bones, or one disjointed bone and one nonprotruding broken bone. Parts of the wing beyond the second joint may be removed at a joint. The tail may be removed at the base. The back may be trimmed in an area not wider than the base of the tail and extending from the tail to the area halfway between the base of the tail and the hip joints.

7. Discolorations of the skin and flesh. The carcass or part is free of serious defects. Discoloration due to bruising shall be free of clots (discernible clumps of red or dark cells). Evidence of incomplete bleeding shall be no more than very slight. Moderate areas of discoloration due to bruises in the skin or flesh and moderately shaded discoloration of the skin, such as “blue back” are permitted, but the total areas affected by such discolorations, singly or in any combination, may not exceed one-half of the total aggregate area of permitted discoloration. The aggregate area of all discolorations for a part shall not exceed the area of a circle having a diameter of one-half inch for poultry weighing up to 1 pound, 8 ounces; 1'' inch for poultry weighing over 1 pound, 8 ounces, but not more than 6 pounds; and 1-1/2'' inches for poultry weighing over 6 pounds. The aggregate area of all discolorations for a carcass shall not exceed the area of a circle of the diameter as specified in the Summary of Specifications chart.

8. Freezing defects. With respect to consumer packaged poultry, parts, or specified poultry food products, the carcass, part or specified poultry food product may have moderate defects which result from handling or occur during freezing or storage. The skin and flesh shall have a sound appearance, but may lack brightness. The carcass or part may have a few pockmarks due to drying of the inner layer of skin (derma). However, no single area of overlapping pockmarks may exceed that of a circle one-half inch in diameter. Moderate areas showing layers of clear pinkish or reddish colored ice are permitted.

9. Backs. Good quality backs shall meet all applicable provisions of this section pertaining to parts, and shall include either the meat contained on the ilium (oyster) and meat and skin from the pelvic bones or the vertebral ribs and scapula with meat and skin.

(c) “Standard” Quality.

1. A part that does not meet the requirements for Premium or Good quality may be of Standard quality if the flesh is substantially intact.

2. A carcass that does not meet the requirements for Premium or Good quality may be Standard quality. Both wings may be removed or neatly trimmed. Trimming of the breast and legs is permitted, but not to the extent that the normal meat yield is materially affected. The back may be trimmed in an area not wider than the base of the tail and extending from the tail to the area between the hip joints.

3. Standard quality backs shall include the meat and skin from the pelvic bones, except that the meat contained in the ilium (oyster) may be removed. The vertebral ribs and scapula with meat and skin may also be removed, but the remaining portion must have the skin substantially intact.

History

• Rulemaking Authority 583.04, 583.17 FS. Law Implemented 583.17 FS. History–New 12-15-68, Repromulgated 12-31-74, Amended 7-22-75, 12-23-84, Formerly 5E-7.10, 5E-7.010.

Fla. Admin. Code R. 5K-5.011 Florida Grades for Ready-to-Cook Poultry and Poultry Parts

(1) General.

(a) The standards of grades are applicable to dressed and drawn (ready-to-cook) poultry and poultry parts of all kinds and classes, and are based on the standards of quality set forth in Chapter 5K-5, F.A.C.

(b) All terms in the standards of grades shall have the same meaning as when used in the standards of quality for individual carcasses and parts in Chapter 5K-5, F.A.C.

(2) Grades.

(a) “Premium” Grade. A lot of ready-to-cook poultry, parts, or poultry food products consisting of one or more ready-to-cook carcasses or parts, or individual units of poultry food products of the same kind and class, each of which conforms to the requirements for Premium quality as specified in this part, may be designated as “Premium” Grade.

(b) “Good” Grade. A lot of ready-to-cook poultry or parts consisting of one or more ready-to-cook carcasses or parts of the same kind and class, each of which conforms to the requirements for Good quality or better, may be designated as “Good” Grade.

(c) “Standard” Grade. A lot of ready-to-cook poultry or parts consisting of one or more ready-to-cook carcasses or parts of the same kind and class, each of which conforms to the requirements for Standard quality or better, may be designated as “Standard” Grade.

(3) Summary of specifications for standards of quality for individual carcasses of ready-to-cook poultry and parts therefrom.

(4) Representative samples and tolerances.

(a) Whenever grading is performed on a representative sample basis, such sample shall be drawn and consist of not less than the minimum number of containers indicated in the following table.

CONTAINERS

CONTAINERS

IN LOT

IN SAMPLE

4 or less

All

5 to 10

2

11 to 20

4

21 to 100

6

101 to 500

8

501 to 1,000

15

1,001 to 2,000

25

2,001 to 4,000

40

Over 4,000

60

(b) A lot average tolerance of 8 birds per 50 bird sample of ready-to-cook poultry is permitted in the next lower grade classes. No individual sample within the lot may exceed 12 errors/undergrades. (Example below).

SAMPLE

STOP

SIZE

ACCEPT

SALE

50 Birds

8

9

100 Birds

16

17

150 Birds

24

25

(5) Florida Seal of Quality Program for Poultry.

(a) The department hereby adopts a Florida Seal of Quality to be used in advertising and promoting the sale of poultry processed in Florida. A reproduction of the Florida Seal of Quality for Poultry emblem is shown below:

(b) The department may grant permission to Florida dealers to use the Florida Seal of Quality for Poultry under the following conditions:

1. All poultry advertised and promoted in this program must be of Premium Grade and must also meet the requirements of the United States Department of Agriculture for Grade A poultry.

2. Each firm wanting to use the Florida Seal of Quality for Poultry must execute an agreement with the department spelling out the terms of use, penalties, charges and other applicable information.

(c) If certificates in addition to the Florida Seal of Quality for Poultry emblem are necessary for export, military, institutional shipments or other industry uses, an hourly charge of $12.75 per hour plus per diem and mileage expenses as provided in Chapter 112, F.S., shall be paid by the user.

(d) Probation; suspension; revocation of use.

1. If within a 30 day period a dealer’s product is found in violation 3 times or more at the plant or any combination of 6 times or more at the retail and wholesale levels, the dealer’s privilege to use the Florida Seal of Quality for Poultry will be placed on probation for a period of 60 days.

2. If during the probationary period a dealer’s product is found in violation 4 or more times at the plant or a combination of 10 or more times at the retail and wholesale levels, the department will suspend the privilege of using the Florida Seal of Quality for Poultry for a period of 60 days.

3. If a dealer has the privilege of use suspended 2 times in any 18 month period, the dealer shall not be permitted to use the Florida Seal of Quality for Poultry for a period of 1 year following notification by the department.

4. As applied in the Florida Seal of Quality for Poultry program, a violation is defined as any condition or series of conditions necessitating the issuance of one or more Stop Sale Orders during a department inspection.

(e) An annual advertising and promotion fee of $110, which includes the $10 application fee required by Section 571.06, F.S., is due upon application for license to use the Florida Seal of Quality for Poultry Program emblem. Such license shall be valid for one year from date of issue. An additional advertising and promotion fee of $210, which includes the $10 application fee required by Section 571.06, F.S., will be charged if a company applies to have its privilege reinstated after a suspension of 1 year or more.

(f) A processor with multiple processing facilities may apply for use of the Florida Seal of Quality for Poultry on behalf of each such Florida facility.

History

• Rulemaking Authority 570.07(23), 571.05, 583.04, 583.17 FS. Law Implemented 571, 583.02, 583.13(1), (2), (3), 583.17 FS. History–New 12-31-74, Amended 7-22-75, 12-23-84, 12-2-85, Formerly 5E-7.11, 5E-7.011.

Fla. Admin. Code R. 5K-5.012 Game Birds

Undomesticated, commonly termed game birds, are not considered as coming under the interpretation of poultry as defined in the law.

History

• Rulemaking Authority 583.17 FS. Law Implemented 583.01 FS. History–New 3-30-78, Amended 12-23-84, Formerly 5E-7.12, 5E-7.012.

Fla. Admin. Code R. 5K-5.013 Dressed Poultry Unfit for Human Consumption

History

• Rulemaking Authority 583.04, 583.17 FS. Law Implemented 583.18(a)(a)-(b), (2), (3) FS. History–New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-7.13, 5E-7.013, Repealed 7-5-95.

Fla. Admin. Code R. 5K-5.014 Grading Services for Poultry

(1) Definitions. As used in this rule, the following definitions shall apply:

(a) Non-scheduled days means days not scheduled in the application for service.

(b) Department means the Florida Department of Agriculture and Consumer Services.

(c) Non-resident location means a production site to which no full-time grader has been assigned, but the site has been previously approved for grading in accordance with an application for service.

(d) Full-time resident location means a production site to which a full-time grader has been assigned in accordance with an application for service requesting 40 or more hours of grading services per week.

(e) Part-time resident location means a production site where a part-time grader has been assigned to the site in accordance with an application for service requesting less than 40 hours of grading services per week.

(f) Regular shift differential means additional compensation of $2.00 per hour added to a grader’s regular hourly wage on a shift beginning after 3:00 p.m.

(g) Overtime shift differential means additional compensation of $9.00 per hour added to a grader’s overtime hourly wage on a shift beginning after 3:00 p.m.

(2) Pursuant to its authority under Section 583.052, F.S., to cooperate with and enter into agreements with various state and federal agencies, the department has entered a Cooperative Agreement with the United States Department of Agriculture for the providing of a voluntary cooperative poultry grading service.

(3) Under that agreement and to offset the cost of providing the services to the producer who orders them, the department establishes the following schedule:

(a) Grader’s time per hour for:

1. Regular Hours

$48.50

2. Overtime Hours

$80.00

3. Holiday Hours

$97.00

4. Regular Shift Differential

$50.50

5. Overtime Shift Differential

$89.00

6. In addition to the charge for the grader’s time per hour, an additional charge of $2.00 per hour shall be charged to regular hours worked at a resident location on a shift beginning after 3:00 p.m. and an additional charge of $9.00 per hour shall be charged to overtime hours worked at a resident location on a shift beginning after 3:00 p.m.

(b) Travel time and costs:

1. Time for travel to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled days at a resident location shall be charged at the same rate as grading services provided.

2. Mileage and per diem to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled days at a resident location shall be reimbursed at the prevailing rates provided in Section 112.061, F.S.

(4) Moneys due to the department for grading services provided to a producer who orders said services must be received within 30 days of the date of invoice.

(5) For purposes of this rule, holiday hours means those hours of work performed during days identified by the State of Florida as official holiday days for state personnel.

History

• Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. History–New 8-13-92, Formerly 5E-7.014, Amended 9-30-96, 9-5-01, 7-1-06, 7-1-10, 6-1-11, 1-1-20.

Fla. Admin. Code R. 5K-5.436 USDA Poultry Product Grading

The Department adopts by reference 7 C.F.R. Part 70, Subpart A, revised as of January 1, 2019 http://www.flrules.org/Gateway/reference.asp?No=Ref-11868, and as amended in the 84 Federal Register dated September 23, 2019 (49637-49644) http://www.flrules.org/Gateway/reference.asp?No=Ref-11949.

History

• Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. History–New 4-23-20.

Chapter 5K-6 EGGS

Fla. Admin. Code R. 5K-6.001 Certification of Dealers

History

• Rulemaking Authority 583.04 FS. Law Implemented 583.09 FS. History–New 12-31-74, Amended 12-23-84, Formerly 5E-8.01, 5E-8.001, Repealed 7-5-95.

Fla. Admin. Code R. 5K-6.002 Jurisdiction of Egg Law

(1) When offered for sale. It shall be considered that eggs are being offered for sale when housed within any wholesale, retail or other type place of business, in proximity of any loading or unloading platform or when a truck or other carrier of eggs comes to rest within the State of Florida.

(2) Transfer of eggs.

(a) Shell Eggs.

1. Labeled. No sale or transfer of shell eggs from one dealer to another shall be permitted unless such eggs are accompanied by invoice or other written document showing the names and addresses of the seller and the purchaser, quantity, grade and size of eggs so transferred.

2. Unlabeled. Unlabeled shell eggs have no official size and grade under the law.

(b) Frozen Eggs. All types of frozen eggs and frozen egg products when transferred or sold from one dealer to another must always be accompanied by invoice, or other written document, showing the names and addresses of the seller and the purchaser, quantity and the types of frozen eggs or frozen egg products, and the number and net weight of the containers so sold or transferred. Such containers must be properly labeled according to subsection 5K-6.004(2), F.A.C.

History

• Rulemaking Authority 583.04 FS. Law Implemented 503, 583.01(18), 583.02(1), (2), (3), (4) FS. History–New 6-25-66, Amended 8-22-66, 2-1-74, Repromulgated 12-31-74, Amended 12-23-84, Formerly 5E-8.02, 5E-8.002.

Fla. Admin. Code R. 5K-6.004 Labeling Requirements

History

• Rulemaking Authority 583.04 FS. Law Implemented 583.01(4)(b), 583.02, 583.03 FS. History–New 6-20-64, Amended 6-26-66, 2-1-74, 12-31-74, 12-23-84, Formerly 5E-8.04, 5E-8.004, Repealed 7-5-95.

Fla. Admin. Code R. 5K-6.005 Advertising

(1) Newspaper, periodical, window, showcase, handbill, radio, television or other forms of advertising. All forms of advertisements shall clearly and definitely convey the grade and size of the eggs advertised. No statement, picture or advertising of any kind which exaggerates, exceeds or distorts the facts concerning the eggs shall be permitted.

(2) Locally produced legend. The legend “Locally Produced,” when combined with the name of the county in which such local production has taken place, may be used as an extraneous advertising legend on cartons or in any other form of egg advertising.

(3) Placard for loose eggs.

(a) Eggs sold at retail, in any way except in the original cases or cartons, shall have on each case, box, basket or other receptacle, a placard not smaller than seven (7  7) inches in size, on which shall be plainly printed in letters not less than one (1'') inch in height, the correct grade and size of the eggs being offered for sale.

(b) “Unclassified Eggs.” Placards used to sell “Unclassified” eggs shall bear the following legend: “These eggs have not been graded as to quality and weight.”

History

• Rulemaking Authority 583.03, 583.04 FS. Law Implemented 583.02(2), (3) FS. History–New 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-8.05, 5E-8.005.

Fla. Admin. Code R. 5K-6.006 Candling to Determine Grade

Grades of internal quality of shell eggs shall be determined by candling and only after candling may a quality grade be declared by any dealer or packer of shell eggs. It is recommended that eggs be candled by using a candler with sufficient light intensity at the aperture to permit accurate viewing of the internal grading factors. Such candling should be done in a dark room to insure the necessary accuracy. Candlers which include a roll-over light or other candling device are permitted when used accurately.

History

• Rulemaking Authority 583.03 FS. Law Implemented 583.03 FS. History–New 12-31-74, Amended 12-23-84, Formerly 5E-8.06, 5E-8.006.

Fla. Admin. Code R. 5K-6.007 Seizure of Eggs Unfit for Human Consumption

History

• Rulemaking Authority 583.04 FS. Law Implemented 583.05 FS. History–New 12-31-74, Amended 12-23-84, Formerly 5E-8.07, 5E-8.007, Repealed 7-5-95.

Fla. Admin. Code R. 5K-6.008 Florida Standards, Grades and Weight Classes for Shell Eggs

(1) Florida standards for quality of individual shell eggs.

(a) Application.

1. The Florida standards for quality of individual shell eggs contained in this subpart are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell.

2. Interior egg quality specifications for these standards are based on the apparent condition of the interior contents of the egg as it is twirled before the candling light. Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determination of the interior quality of shell eggs. It is desirable to break out an occasional egg and by determining the Haugh unit value of the broken-out egg, compare the broken-out and candled appearance, thereby aiding in correlating candling and broken-out appearance.

(b) AA Quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 1/8'' inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and firm so that the yolk is only slightly defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(c) A Quality. The shell must be clean, unbroken, and practically normal. The air cell must not exceed 3/16'' inch in depth, may show unlimited movement, and may be free or bubbly. The white must be clear and at least reasonably firm so that the yolk outline is only fairly well defined when the egg is twirled before the candling light. The yolk must be practically free from apparent defects.

(d) B Quality. The shell must be unbroken, may be abnormal, and may have slightly stained areas. Moderately stained areas are permitted if they do not cover more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered. Eggs having shells with prominent stains or adhering dirt are not permitted. The air cell may be over 3/16 inch in depth, may show unlimited movement, and may be free or bubbly. The white may be weak and watery so that the yolk outline is plainly visible when the egg is twirled before the candling light. The yolk may appear dark, enlarged, and flattened, and may show clearly visible germ development but no blood due to such development. It may show other serious defects that do not render the egg inedible. Small blood spots or meat spots (aggregating not more than 1/8'' inch in diameter) may be present.

(e) Dirty. An individual egg that has an unbroken shell with adhering dirt or foreign material, prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.

(f) Check. An individual egg that has a broken shell or crack in the shell but with its shell membrane intact and its contents do not leak. A “check” is considered to be lower in quality than a “dirty.”

(g) Leaker. An individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell. An egg which has a portion of the shell missing (in excess of an area 1/4'' inch square) is considered a leaker even though the shell membrane is intact.

(h) Terms Descriptive of the Shell.

1. Clean. A shell that is free from foreign material and from stains or discolorations that are readily visible. An egg may be considered clean if it has only very small specks, stains, or cage marks, if such specks, stains, or cage marks are not of sufficient number or intensity or detract from the generally clean appearance of the egg. Eggs that show traces of processing oil on the shell are considered clean unless otherwise soiled.

2. Dirty. A shell that is unbroken and that has dirt or foreign material adhering to its surface, which has prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.

3. Practically normal (AA or A quality). A shell that approximates the usual shape and that is sound and is free from thin spots. Ridges and rough areas that do not materially affect the shape and strength of the shell are permitted.

4. Abnormal (B quality). A shell that may be somewhat unusual or decidedly misshapen or faulty in soundness or strength or that may show pronounced ridges or thin spots.

(i) Terms Descriptive of the Air Cell.

1. Depth of air cell (air space between shell membranes, normally in the large end of the egg). The depth of the air cell is the distance from its top to its bottom when the egg is held air cell upward.

2. Free air cell. An air cell that moves freely toward the uppermost point in the egg as the egg is rotated slowly.

3. Bubbly air cell. A ruptured air cell resulting in one or more small separate air bubbles usually floating beneath the main air cell.

(j) Terms Descriptive of the White.

1. Clear. A white that is free from discolorations or from any foreign bodies floating in it. (Prominent chalazas should not be confused with foreign bodies such as spots or blood clots.)

2. Firm (AA quality). A white that is sufficiently thick or viscous to prevent the yolk outline from being more than slightly defined or indistinctly indicated when the egg is twirled. With respect to a broken-out egg, a firm white has a Haugh unit value of 72 or higher when measured at a temperature between 45º and 60º F.

3. Reasonably firm (A quality). A white that is somewhat less thick or viscous than a firm white. A reasonably firm white permits the yolk to approach the shell more closely which results in a fairly well defined yolk outline when the egg is twirled. With respect to a broken-out egg, a reasonably firm white has a Haugh unit value of 60 to 72 when measured at a temperature between 45º and 60º F.

4. Weak and watery (B quality). A white that is weak, thin, and generally lacking in viscosity. A weak and watery white permits the yolk to approach the shell closely, thus causing the yolk outline to appear plainly visible and dark when the egg is twirled. With respect to a broken-out egg, a weak and watery white has a Haugh unit value lower than 60 when measured at a temperature between 45º and 60º F.

5. Blood spots or meat spots. Small blood spots or meat spots (aggregating not more than 1/8'' inch in diameter) may be classified as B quality. If larger, or showing diffusion of blood into the white surrounding a blood spot, the egg shall be classified as Loss. Blood spots shall not be due to germ development. They may be on the yolk or in the white. Meat spots may be blood spots which have lost their characteristic red color or tissue from the reproductive organs.

6. Bloody white. An egg which has blood diffused through the white. Eggs with bloody whites are classed as Loss. Eggs with blood spots which show a slight diffusion into the white around the localized spot are not to be classed as bloody whites.

(k) Terms Descriptive of the Yolk.

1. Outline slightly defined (AA quality). A yolk outline that is indistinctly indicated and appears to blend into the surrounding white as the egg is twirled.

2. Outline fairly well defined (A quality). A yolk outline that is discernible but not clearly outlined as the egg is twirled.

3. Outline plainly visible (B quality). A yolk outline that is clearly visible as a dark shadow when the egg is twirled.

4. Enlarged and flattened (B quality). A yolk in which the yolk membranes and tissues have weakened and/or moisture has been absorbed from the white to such an extent that the yolk appears definitely enlarged and flat.

5. Practically free from defects (AA or A quality). A yolk that shows no germ development but may show other very slight defects on its surface.

6. Serious defects (B quality). A yolk that shows well developed spots or areas and other serious defects, such as olive yolks, which do not render the egg inedible.

7. Clearly visible germ development (B quality). A development of the germ spot on the yolk of a fertile egg that has progressed to a point where it is plainly visible as a definite circular area or spot with no blood in evidence.

8. Blood due to germ development. Blood caused by development of the germ in a fertile egg to the point where it is visible as definite lines or as a blood ring. Such an egg is classified as inedible.

(l) General Terms.

1. Loss. An egg that is inedible, cooked, frozen, contaminated, or containing bloody whites, large blood spots, large unsightly meat spots, or other foreign material. Also an egg that is smashed or broken so that the contents are leaking.

2. Inedible eggs. Eggs of the following descriptions are classed as inedible: black rots, yellow rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, eggs containing embryo chicks (at or beyond the blood ring state), and any eggs that are adulterated as such term is defined in the Florida Food Act.

3. Leaker. An individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

(2) Florida consumer grades and weight classes for shell eggs.

(a) General.

1. These grades are applicable to edible shell eggs in “lot” quantities rather than on an “individual” egg basis. A lot may contain any quantity of 2 or more eggs. Reference in these standards to the term “case’ means 30 dozen egg cases as used in commercial practices in the United States.

2. Terms used in this part that are defined in the Florida standards for quality of individual shell eggs (refer to paragraph (1)(a) et seq. of this rule) have the same meaning in this part as in those standards.

3. A tolerance is permitted within each consumer grade only as an allowance for variable efficiency and interpretation of graders, normal changes under favorable conditions during reasonable periods between grading and reasonable variation of grader’s interpretation.

4. Substitution of higher qualities for the lower qualities specified is permitted.

(b) Grades.

1. Grade AA (at origin) shall consist of eggs which are at least 87% percent AA quality. The maximum tolerance of 13% percent which may be below AA quality may consist of A or B quality in any combination, except that within the tolerance for B quality not more than 1% percent may be B quality due to air cells over 3/8'' inch, blood spots (aggregating not more than 1/8'' inch in diameter), or serious yolk defects. Not more than 5% percent (7% percent for Jumbo size) Checks are permitted and not more than 0.50% percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30% percent. Other types of Loss are not permitted.

2. Grade AA (destination) shall consist of eggs which are at least 72% percent AA quality. The remaining tolerance of 28% percent shall consist of at least 10% percent A quality and the remainder shall be B quality, except that within the tolerance for B quality not more than 1% percent may be B quality due to air cells over 3/8'' inch, blood spots (aggregating not more than 1/8'' inch in diameter), or serious yolk defects. Not more than 7% percent (9% percent for Jumbo size) Checks are permitted and not more than 1% percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30% percent. Other types of Loss are not permitted.

3. Grade A (at origin) shall consist of eggs which are at least 87% percent A quality or better. Within the maximum tolerance of 13% percent which may be below A quality, not more than 1% percent may be B quality due to air cells over 3/8'' inch, blood spots (aggregating not more than 1/8'' inch in diameter), or serious yolk defects. Not more than 5% percent (7% percent for Jumbo size) Checks are permitted and not more than 0.50% percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30% percent. Other types of Loss are not permitted.

4. Grade A (destination) shall consist of eggs which are at least 82% percent A quality better. Within the maximum tolerance of 18% percent which may be below A quality, not more than 1% percent may be B quality due to air cells over 3/8'' inch, blood spots (aggregating not more than 1/8'' inch in diameter), or serious yolk defects. Not more than 7% percent (9% percent for Jumbo size) Checks are permitted and not more than 1% percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30% percent. Other types of Loss are not permitted.

5. Grade B (at origin) shall consist of eggs which are at least 90% percent B quality or better, not more than 10% percent may be Checks and not more than 0.50% percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30% percent. Other types of Loss are not permitted.

6. Grade B (destination) shall consist of eggs which are at least 90% percent B quality or better, not more than 10% percent may be Checks and not more than 1% percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30% percent. Other types of Loss are not permitted.

7. Unclassified Eggs shall consist of washed shell eggs which have not been graded for quality and size. However, Unclassified eggs shall have no more Checks, Dirties, Leakers, or Loss than that allowed in Florida Grade B.

8. Additional tolerances:

a. In lots of two or more cases:

(I) For Grade AA – No individual case may exceed 10% percent less AA quality eggs than the minimum permitted for the lot average.

(II) For Grade A – No individual case may exceed 10% percent less A quality eggs than the minimum permitted for the lot average.

(III) For Grade B – No individual case may exceed 10% percent less B quality eggs than the minimum permitted for the lot average.

b. For Grades AA, A, and B – no lot shall be rejected or downgraded due to the quality of a single egg except for Loss other than blood or meat spots.

9. Summary of Grades. The summary of Florida Grades for Shell Eggs follows as Table I and Table II of this rule:

Table I – Summary of Florida Grades for Shell Eggs

Florida

Quality

Tolerance

Permitted2

Grade (origin)

Required1

Percent

Quality

Grade AA

87% percent

Up to 13

A or B5

AA

Not over 5

Checks6

Grade A

87% percent A

Up to 13

B5

or better

Not over 5

Checks6

Grade B

90% percent B

Not over 10

Checks

or better

Florida Grade

Quality

Tolerance

Permitted3

(destination)

Required 1

Percent

Quality

Grade AA

72% percent AA

Up to 284

A or B5

Not over 7

Checks6

Grade A

82% percent A

Up to 18

B5

or better

Not over 7

Checks6

Grade B

90% percent B

Not over 10

Checks

or better

1In lots of two or more cases, see Table II of this rule for tolerances for an individual case within a lot.

2For the Florida Grades (at origin), a tolerance of 0.50% percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination is permitted, except that such Loss may not exceed 0.30% percent. Other types of Loss are not permitted.

3For the Florida Grades (destination), a tolerance of 1% percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination is permitted, except that such Loss may not exceed 0.30% percent. Other types of Loss are not permitted.

4For Florida Grade AA at destination, at least 10% percent must be A quality or better.

5For Florida Grade AA and A at origin and destination within the tolerances permitted for B quality, not more than 1% percent may be B quality due to air cells over 3/8'' inch, blood spots (aggregating not more than 1/8'' inch in diameter), or serious yolk defects.

6For Florida Grades AA and A Jumbo size eggs, the tolerance for Checks at origin and destination is 7% percent and 9% percent, respectively.

Table II – Tolerance for Individual Case Within a Lot

Florida

Origin

Destination

Grade

Case quality

(percent)

(percent)

Grade AA

AA (min.)

77%

62%

A or B

13%

28%

Check (max.)

10%

10%

Grade A

A (min.)

77%

72%

B

13%

18%

Check (max.)

10%

10%

Grade B

B (min.)

80%

80%

Check (max.)

20%

20%

10. Weight Classes.

a. The weight classes for Florida Grades for Shell Eggs shall be as indicated in Table I of this rule and shall apply to all consumer grades.

Table I – Florida Weight Classes for Consumer Grades for Shell Eggs

Minimum

net weight

Size or

Minimum

Minimum

for individual

Weight

net weight

net weight

eggs at rate

Class

per dozen

per 30 dozen

per dozen

Ounces

Pounds

Ounces

Jumbo

30

56

29

Extra Large

27

501/2

26

Large

24

45

23

Medium

21

391/2

20

Small

18

34

17

Peewee

15

28

–

b. A lot average tolerance of 3.3% percent for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds 5% percent.

c. Minimum weights listed for individual eggs at the rate per dozen are permitted in the various size classes only to the extent that they will not reduce the net weight per dozen below the required minimum, consideration being given to variable weight of individual eggs and variable efficiency of graders and scales which should be maintained on a uniform and accurate basis.

(3) Florida Seal of quality program for eggs.

(a) The department adopts a Florida Seal of Quality Program for Eggs which may be used to advertise and promote the sale of eggs packed in Florida. A reproduction of the emblem of the Florida Seal of Quality Program for Eggs is shown below:

(b) Use of the emblem of the Florida Seal of Quality Program for Eggs on cartons, cases or containers, or in advertising or promotional materials, is restricted to Florida dealers licensed by the department. Eligible dealers may obtain a license upon application to the department and completion of an agreement with the department delineating terms, penalties, fees and related conditions. Licenses will be valid for one year from date of issue.

(c) Fees. Licenses will be issued upon receipt of a $100 advertising and promotional fee, and a $10 registration fee. Dealers with more than one egg packing location may apply for a single license covering all locations, or individual licenses for each packing location. If the latter, each packing location will be deemed a separate license holder under the Florida Seal of Quality Program for Eggs.

(d) Requirements.

1. No person or dealer may participate in the Florida Seal of Quality Program for Eggs without first obtaining a license in accordance with paragraphs (b) and (c) above.

2. All eggs packed under the Florida Seal of Quality Program for Eggs must meet or exceed USDA quality standards for Grade A eggs, and other applicable provisions of this rule and of Chapter 583, F.S.

3. All cartons, cases or containers bearing the emblem of the Florida Seal of Quality Program for Eggs will display directly adjacent to the grade mark the license holder’s identification code as assigned by the department.

4. Each license holder will submit production volume reports to the department indicating the number of dozens of eggs packed under the Florida Seal of Quality Program for Eggs during each reporting period. Reporting periods will be of three (3) months duration as designated in the license holder’s agreement with the department. Production volume reports are to be received by the department not later than 20 days after the close of each reporting period.

(e) Penalties. The department may suspend or revoke a Florida Seal of Quality Program for Eggs license or impose a fine not to exceed $5,000 per violation as provided by Section 571.11, F.S., when it is satisfied that a license holder has violated the conditions under which licenses are issued. Penalties may also be imposed by the department whenever:

1. Department representatives issue seven (7) Stop Sale Orders at a license holder’s packing and/or distribution facilities during a reporting period; or

2. The cumulative number of eggs placed under Stop Sale Order by representatives of the department at packing, distribution and/or retail locations during a reporting period exceeds seven (7%) per cent of the license holder’s Florida Seal of Quality Program for Eggs production volume for that period.

(f) License holders requiring certificates for export, military sales, institutional shipment, or other industry need for eggs packed under the Florida Seal of Quality Program for Eggs will be charged $12.75 per hour plus per diem and mileage expenses as provided in Chapter 112, F.S.

History

• Rulemaking Authority 570.07(23), 571.05, 583.04 FS. Law Implemented 571, 583.02, 583.03 FS. History–New 12-31-74, Amended 12-22-75, 12-23-84, 12-2-85, Formerly 5E-8.08, Amended 6-2-88, Formerly 5E-8.008.

Fla. Admin. Code R. 5K-6.009 The United States Department of Agriculture Regulations Governing the Inspection of Eggs and Egg Products Adopted

History

• Rulemaking Authority 583.03, 583.04, 500.20, 500.09 FS. Law Implemented 583.01(3), (5), (6), (7), (8), (9), (10), (11), (18), 583.02, 583.03, 583.05, 500.09 FS. History–New 11-15-63, Amended 2-1-74, Amended 12-31-74, 12-23-84, Formerly 5E-8.09, 5E-8.009, Repealed 7-5-95.

Fla. Admin. Code R. 5K-6.010 Grading Services for Shell Eggs

(1) Definitions. As used in this rule, the following definitions shall apply:

(a) Non-scheduled days means days not scheduled in the application for service.

(b) Department means the Florida Department of Agriculture and Consumer Services.

(c) Non-resident location means a production site to which no full-time grader has been assigned, but the site has been previously approved for grading in accordance with the application for service.

(d) Full-time resident location means a production site to which a full-time grader has been assigned in accordance with an application for service requesting 40 or more hours of grading services per week.

(e) Part-time resident location means a production site where a part-time grader has been assigned to the site in accordance with an application for service requesting less than 40 hours of grading services per week.

(f) Regular shift differential means additional compensation of $2.00 per hour added to a grader’s regular hourly wage on a shift beginning after 3:00 p.m.

(g) Overtime shift differential means additional compensation of $9.00 per hour added to a grader’s overtime hourly wage on a shift beginning after 3:00 p.m.

(2) Pursuant to its authority under Section 583.052, F.S., to cooperate with and enter into agreements with various state and federal agencies, the department has entered a Cooperative Agreement with the United States Department of Agriculture for the providing of a voluntary cooperative shell egg grading service.

(3) Under that agreement and to offset the cost of providing services to the producer who orders them, the department establishes the following schedule:

(a) Grader’s time per hour for:

1. Regular Hours $48.50

2. Overtime Hours $80.00

3. Holiday Hours $97.00

4. Regular Shift Differential $50.50

5. Overtime Shift Differential $89.00

6. In addition to the charge for the grader’s time per hour, an additional charge of $2.00 per hour shall be charged to regular hours worked at a resident location on a shift beginning after 3:00 p.m. and an additional charge of $9.00 per hour shall be charged to overtime hours worked at a resident location on a shift beginning after 3:00 p.m.

(b) Travel time and costs:

1. Time for travel to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled days at a resident location shall be charged at the same rate as grading services provided.

2. Mileage and per diem to and from the grader’s headquarters for grading services at a non-resident or part-time resident location, or on non-scheduled days at a resident location shall be reimbursed at the prevailing rates provided in Section 112.061, F.S.

(4) Moneys due to the department for grading services provided to a producer who orders said services must be received within 30 days of the date of invoice.

(5) For purposes of this rule, holiday hours means those hours of work performed during days identified by the State of Florida as official holiday days for state personnel.

History

• Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. History–New 8-13-92, Formerly 5E-8.010, Amended 9-30-96, 9-5-01, 10-1-06, 7-1-10, 6-1-11, 1-1-20.

Fla. Admin. Code R. 5K-6.344 USDA Egg Grading

The Department adopts by reference 7 C.F.R. Part 56, Subpart A, revised as of January 1, 2019 http://www.flrules.org/Gateway/reference.asp?No=Ref-11869, and as amended in the 84 Federal Register dated September 23, 2019 (49637-49644) http://www.flrules.org/Gateway/reference.asp?No=Ref-11951.

History

• Rulemaking Authority 570.07(23), 583.04 FS. Law Implemented 583.051, 583.052 FS. History‒New 4-23-20.

Chapter 5K-9 WATER VENDING MACHINES

Fla. Admin. Code R. 5K-9.001 Content, Department Responsibilities and Definitions

History

• Rulemaking Authority 500.459(6), 570.07(23) FS. Law Implemented 500.459 FS. History–New 8-20-86, Formerly 10D-22.001, 5E-16.001, Amended 8-22-95, 9-3-96, 3-18-98, Repealed 11-8-22.

Fla. Admin. Code R. 5K-9.002 Definitions

History

• Rulemaking Authority 381.295 FS. Law Implemented 381.295(3) FS., Section 5, Chapter 92-180 Laws of Florida. History–New 8-20-86, Formerly 10D-22.002, 5E-16.002, Repealed 8-22-95.

Fla. Admin. Code R. 5K-9.003 Permitting Requirements

History

• Rulemaking Authority 500.459(4), 500.459(6)(a), 570.07(23) FS. Law Implemented 500.459 FS. History–New 8-20-86, Formerly 10D-22.003, 5E-16.003, Amended 8-22-95, 3-18-98, Repealed 11-8-22.

Fla. Admin. Code R. 5K-9.004 Location and Operation

History

• Rulemaking Authority 381.295 FS. Law Implemented 381.295(6) FS., Section 5, Chapter 92-180 Laws of Florida. History–New 8-20-86, Formerly 10D-22.004, 5E-16.004, Repealed 8-22-95.

Fla. Admin. Code R. 5K-9.005 Source, Construction and Operating Requirements

History

• Rulemaking Authority 500.459(5)(g), (6), 570.07(23) FS. Law Implemented 500.459 FS. History–New 8-20-86, Formerly 10D-22.005, 5E-16.005, Amended 8-22-95, 3-18-98, Repealed 11-8-22.

Fla. Admin. Code R. 5K-9.006 Operation Requirements

History

• Rulemaking Authority 381.295 FS. Law Implemented 381.295(3) FS., Section 5, Chapter 92-180 Laws of Florida. History–New 8-20-86, Formerly 10D-22.006, 5E-16.006, Repealed 8-22-95.

Fla. Admin. Code R. 5K-9.007 Duties and Responsibilities of the Department

History

• Rulemaking Authority 381.295 FS. Law Implemented 381.295(7) FS., Section 5, Chapter 92-180 Laws of Florida. History–New 8-20-86, Formerly 10D-22.007, 5E-16.007, Repealed 8-22-95.

Fla. Admin. Code R. 5K-9.008 Enforcement and Penalties

History

• Rulemaking Authority 381.295 FS. Law Implemented 381.295(8) FS., Section 5, Chapter 92-180 Laws of Florida. History–New 8-20-86, Formerly 10D-22.008, 5E-16.008, Repealed 8-22-95.

Chapter 5K-10 MILK, MILK PRODUCTS AND FROZEN DESSERTS

Fla. Admin. Code R. 5K-10.001 Documents Incorporated by Reference and Definitions

(1) The following materials are hereby incorporated by reference and shall apply in the interpretation and enforcement of Chapter 502, F.S. Copies of all referenced materials are available at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, Bureau of Dairy Industry, 3125 Conner Boulevard, Suite C, Tallahassee, Florida 32399-1650 and online as indicated.

(a) Grade A Pasteurized Milk Ordinance (“PMO”), 2023 Revision, Public Health Service/Food and Drug Administration, its Appendices and notes available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17316.

(b) The Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments, 2023 Revision, available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17317.

(c) Methods of Making Sanitation Rating of Milk Shippers and the Certifications/Listings of Single-Service Containers and/or Closures for Milk and/or Milk Products Manufacturers (MMSR), 2023 Revision, available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17318.

(d) Evaluation of Milk Laboratories, 2023 Revision, available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17319.

(e) 21 Code of Federal Regulations, Parts 7, 11,101, 108, 110, 113, 114, 117, 130.10, 130.17, 131, 133, 135, 173.10, 174-178, 182.6285, 184.1666, 184.1979, 1240.61, Revised April 1, 2017, available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12018 and http://www.flrules.org/Gateway/reference.asp?No=Ref-12019.

(f) 40 Code of Federal Regulations, Parts 141, 152.500, 156.10, 158, 180.940, Revised July 1, 2017 and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12023 and http://www.flrules.org/Gateway/reference.asp?No=Ref-12020.

(g) 7 Code of Federal Regulations, Part 58, Subpart B, 58.101(e), (g), (n), (t), (u), (v), (w); 58.125-58.131; 58.142, 58.147; 58-148 (B)-(F); 58.150-58.154; 58.205-58.247; 58.305-58.344; 58.405-58.445; 58.605-58.645; 58.647-58.654; 58.705-58.732; and 58.805-58.811, Revised January 1, 2017, available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12016.

(h) Frozen Desserts Processing Guidelines, 1st edition, October 1989 published by the Milk Safety Branch, Division of Cooperative Programs, U.S. Food and Drug Administration. Copies are available for inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of the aftermentioned materials on the internet for purposes of public examination would violate federal copyright law.

(i) United States Standards for Grades of Nonfat Dry Milk (Spray Process), February 2, 2001. Available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12007.

(j) United States Standards for Grades of Dry Whole Milk, April 13, 2001. Available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12008.

(k) United States Standards for Dry Whey, December 14, 2000. Available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12009.

(l) Milk for Manufacturing Purposes and its Production and Processing (“MMPPP”), July 21, 2011. Available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12010.

(m) Standard Methods for the Examination of Dairy Products, 17th Edition, June 1, 2004 published by the American Public Health Association. Copies may be obtained from APHA Headquarters, 800 I Street N.W., Washington D.C. 20001or https://secure.apha.org/imis/APHA/Store/Search_Bookstore and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of the aftermentioned materials on the internet for purposes of public examination would violate federal copyright law.

(n) Standard Methods for the Examination of Water and Wastewater, 23rd Edition, (2017), published by the American Public Health Association, American Water Works Association, Water Environment Federation. Copies may be obtained from AWWA, 6666 W. Quincy Ave., Denver, CO 80235 or https://www.awwa.org/Store/Product-Details/productId/65266295, and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Food Safety, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of the aftermentioned materials on the internet for purposes of public examination would violate federal copyright law.

(2) Definitions. In addition to the definitions in Chapter 502, F.S., and the definitions in the materials incorporated by reference, the following definitions shall apply:

(a) “Adulterated” means any milk, milk product or frozen dessert if:

1. It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health.

2. It consists, in whole or in part, of any substance unfit for human consumption.

3. It has been produced, processed, prepared, packed, or held under unsanitary conditions.

4. Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health, or;

5. Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.

(b) “Bulky Flavored” means Frozen desserts, Mix or other defined products flavored with a bulky flavor ingredient such as chocolate, fruit, nut, malted milk, confectionery, or cereal.

(c) “Bulk Milk Hauler/Sampler” means any person who collects official samples and may transport raw milk from a farm and/or raw milk products to or from a milk plant, receiving station or transfer station and has in their possession a permit from any Regulatory Agency to sample such products. This term also includes “milk haulers.”

(d) “Bulk Milk Hauling Service” means any person who hauls or causes to be hauled bulk milk or milk products from a dairy farm, transfer station, receiving station or milk and milk products plant to another location and/or a person or entity responsible for a bulk milk pickup tanker.

(e) “Butter” means a food product usually known as butter, and which is made exclusively from milk or cream, or both, with or without common salt, with or without additional coloring matter, and containing not less than 80 percent by weight of milkfat, of which all tolerances having been allowed.

(f) “Certified Direct Load Operator” means any person permitted by the Department and employed by a milk producer to operate a direct load system on a permitted dairy farm. This includes the cleaning and sanitizing of in-line samplers and the preparation of bulk milk tankers to receive raw milk from the dairy farm.

(g) “Cheese” means a fresh or matured product obtained by draining after coagulation of milk, cream, skimmed, or partly skimmed milk or a combination of some or all of these products and including any cheese that conforms to the requirements of the Food and Drug Administration for cheeses and related cheese products in 21 CFR part 133 incorporated by reference in paragraph (1)(e).

(h) “Degraded milk” means milk that fails to meet the minimum requirements of subsection 5K-10.003(3), F.A.C.

(i) “Department” means the Department of Agriculture and Consumer Services.

(j) “Depot” means any place, premise or establishment in which Mix, Frozen desserts, defined products, ingredients, containers, or supplies are stored for further distribution.

(k) “Frozen Yogurt” means food which is prepared by freezing, while stirring, a Mix composed of one or more of the optional dairy ingredients provided for in ice cream and frozen custard and which may contain other safe and suitable ingredients. Its dairy ingredients, with or without other ingredients, is (are) pasteurized and subsequently cultured with bacteria, Lactobacillus bulgaricus and Streptococcus thermophilus. The titratable acidity of the cultured frozen yogurt may not be less than 0.5 percent, calculated as lactic acid, except if the frozen yogurt is flavored by the addition of a non-fruit characterizing ingredient(s). Its milkfat content may not be less than 3.25 percent by weight, except that when bulky characterizing ingredients are used the percentage milkfat may not be less than 2.5 percent. The finished frozen yogurt shall weigh not less than 5 pounds per gallon.

(l) “Interstate Milk Shippers (IMS) List” means a list of facilities certified by Milk Sanitation Rating Officers as having attained a score of 90% or greater for sanitation and enforcement compliance rating based on the USPHS/FDA Grade “A” Pasteurized Milk Ordinance, 2023 Revision incorporated by reference in paragraph (1)(a) and produce products in accordance with the procedures set forth in the Methods of Making Sanitation Rating of Milk Shippers and the Certifications/Listing of Single Service Containers and/or Closures for Milk and/or Milk Products Manufacturers (MMSR), 2023 Revision incorporated by reference in paragraph (1)(c).

(m) “Manufacturing Milk Plant” means any place, premises, or establishment where milk is received, collected and used for the production of non-Grade “A” dairy products, such as cheese and butter.

(n) “Manufactured Milk Products” include cheese, butter, non-Grade “A” milk powder, evaporated and condensed milk and such other products, for human consumption, as may be otherwise designated.

(o) “Mix” means a blend of milk, cream, sugar, and stabilizers that could have flavoring packaged for commercial use to be made into ice cream.

(p) “Sealed” means to secure or fasten an opening, connection, or device to prevent intentional and/or unintentional adulteration or tampering of the device or product within.

(q) “Single-Service Container Manufacturer” means any place, premises, or establishment that produces containers and closures used for packaging milk and/or milk products intended for only one (1) use.

(r) “Sold” means a transfer of milk or milk products that involves any direct or indirect form of compensation in exchange for the right to acquire such milk or milk products.

(s) “Temporary Seal Applicator” means any person permitted by the Department and employed by a manufacturing milk plant, wholesale manufacturer of Frozen dessert and/or Mix or milk plant, to test and replace public health seals on pasteurization equipment.

(t) “Wholesale Manufacturer of Frozen Dessert and/or Mix” means any place, premises or establishment that produces for wholesale distribution, Frozen dessert as defined in Section 502.012, F.S., 21 CFR 135, and/or Mix as defined in paragraph (2)(o) of this rule. This term includes facilities within the State of Florida and facilities selling Frozen Dessert and/or Mix in Florida.

History

• Rulemaking Authority 502.014, 570.07(23) FS. Law Implemented 502.012, 502.014, 502.053, 502.091 FS. History–New 7-24-70, Amended 1-26-81, 8-31-82, 10-9-86, Formerly 5D-1.01, Amended 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 11-29-95, 10-15-03, 4-14-08, Formerly 5D-1.001, Formerly 5K-4.041, Amended 9-9-20, 2-3-25.

Fla. Admin. Code R. 5K-10.002 Permits, Licenses and Inspections

(1) General Permits.

(a) All Milk Plants, Washing Stations, Out-of-State Processors of Milk and Milk Products, Receiving Stations, Transfer Stations, Single Service Container Manufacturers and Operators of Milk Plants shall submit an application on Form DACS-05019 Application for Permit as a Manufacturer of Milk, Milk Products, Cheese, or Containers (Rev. 10/07), hereby incorporated by reference. Milk and Milk Product Distributors shall submit an application on Form DACS-05071 Application for Permit as a Distributor of Milk and Milk Products (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter 502, F.S.

(b) All Bulk Milk Hauling Services shall submit an application on Form DACS-05012 Application for a Milk Hauling Service Permit (Rev. 10/07), hereby incorporated by reference. All Bulk Milk Hauler/Samplers shall submit an application on Form DACS-05060 Application for a Bulk Milk Hauler/Sampler Permit (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter 502, F.S.

(2) Milkfat Tester Permit. To secure and maintain a Milkfat Tester’s Permit, a person must:

(a) Submit, with the $125.00 application fee, a properly completed Form DACS-05029 Application for Milkfat Tester’s License (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650.

(b) Successfully complete on-site evaluation based on the criteria set forth in Chapter 502, F.S., and Section 6 of the PMO, conducted by the department.

(c) Successfully complete a set of split samples provided by the department, by analyzing with each method for which permitting is sought.

(d) Continue to demonstrate the knowledge, ability and equipment to conduct the analysis by the methods permitted and otherwise comply with Chapter 502, F.S., during the permit’s duration.

(e) Permitted milkfat testers, when changing from one approved method to another or when implementing an additional approved method, must give written notice to the department prior to installation of equipment so that an on-site inspection and evaluation can be conducted and permits amended.

(3) Licenses for Frozen Dessert Plants, both in state and out-of-state, selling product in Florida.

(a) Frozen dessert plants utilizing pasteurization shall be subject to the requirements outlined in Chapter 502, F.S., and Rule Chapter 5K-10, F.A.C. A Frozen Dessert Manufacturer is a person who manufactures, processes, converts, partially freezes, or freezes any mix or frozen dessert for distribution without utilizing pasteurization as outlined in Chapter 502, F.S., including ice cream manufacturers that do not utilize pasteurization, and shall be subject to the requirements outlined in Chapter 500, F.S., and Rule Chapter 5K-4, F.A.C.

(b) Frozen dessert plants shall meet the following requirements in order to secure and maintain said license:

1. Submit an Application for License as a Wholesale Manufacturer of Frozen Desserts and/or Mix FDACS 05016 (Rev. 10/07), hereby incorporated by reference with the required fee. The initial $200.00 application fee shall be paid in full with the initial permit application. The renewal $100.00 application fee shall be paid in full with the annual renewal permit application. A Wholesale Manufacturer of Frozen Dessert and/or Mix license for in-state and out-of-state plants shall expire on June 30 of each year.

2. In-State Frozen Dessert Plant must also:

a. Submit facility plans for approval.

b. Submit a label for each product produced for review.

c. Pass a sanitation inspection.

d. Make available all products being produced for sampling. Samples collected shall be analyzed for compliance with Rule 5K-10.003, F.A.C.

3. Out-of-State Frozen Dessert Plant must also submit.

a. A valid permit to produce “frozen desserts” from the responsible food or health regulatory agency.

b. A list of distribution points in Florida during initial permitting and during annual renewal.

c. Documentation evincing that samples taken within the previous six (6) months meet local, state, or federal food safety or health standards from the jurisdiction of origin. The sample results shall meet the requirements of Rule 5K-10.003, F.A.C.

(4) Milk Producer’s Permit. All Milk Producers shall submit an application on Form DACS-05026, Application for Permit as a Florida Milk Producer (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the PMO and Chapter 502, F.S.

(5) In-state Manufacturing Milk Plants.

(a) All in-state Manufacturing Milk Plants shall submit an application on Form DACS-05019, Application for Permit as a Manufacturer of Milk, Milk Products, Cheese, or Containers (Rev. 10/07), hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant must conform to and comply with the provisions of the MMPPP and Chapter 502, F.S.

(b) Firms within the state holding a milk plant permit do not require an additional permit to process manufactured milk products but must comply with the provisions of the MMPPP.

(6) Penalties for Enforcement and Reinstatement of Permits and Licenses.

(a) General Permits listed in subsection (1). Enforcement shall be pursuant to the PMO.

(b) Milkfat Tester’s Permit. Each permitted tester who fails to successfully complete one set of split samples shall have the permit placed in conditional status until the next set of split samples issued by the department has been successfully completed. A permit shall remain conditional for a period not to exceed six months. A milkfat tester shall not:

1. Fail to successfully complete two consecutive sets of split samples, or

2. Falsify records.

(c) Frozen Dessert Plant License. When any requirement of Chapter 502, F.S., or rule under this chapter is violated, the license holder is subject to the suspension of his license. The department shall forego suspension of the license if the product or products in violation are not sold or offered for sale.

(d) Manufacturing Milk Plant Permit. Any manufacturing milk plant whose permit has been suspended may make written application for the reinstatement of its permit. The standards for reinstatement are those set forth in the MMPPP.

(7) Routine Inspections and Tests.

(a) Each business and individual regulated pursuant to this chapter shall permit access of officially designated persons to all parts of its establishment or facilities to determine compliance with the provisions of this chapter. A distributor, plant operator or hauler shall furnish the department, for official use only, a true statement of the actual quantities of products manufactured, and a list of all sources of milk and milk products, records of inspections, tests, and pasteurization time and temperature records as requested. Whenever a milk tank truck has been cleaned and sanitized as required by the department, the outlet valve and manhole dust cover shall be sealed.

(b) General permittees, described in subsection (1) of this rule within the State of Florida shall be subject to ongoing inspections to assure compliance with the PMO’s requirements.

(c) Milkfat Testers shall be subject to periodic split sample tests to assure proficiency.

(d) Frozen Dessert Plants and Manufacturing Milk Plants within the state shall be subject to inspections based upon the criteria and frequency established for milk plant inspections in the PMO. Sampling and testing shall be quarterly, unless test results indicate a more frequent sampling and testing is necessary. Raw milk cheeses shall be tested for pathogens semi-annually.

(e) Pasteurization systems in Manufacturing Milk Plants shall be subject to testing based upon the criteria and frequency established for milk plants in the PMO.

(f) Milk Producers shall be subject to inspections based upon the criteria and frequency described in the PMO.

History

• Rulemaking Authority 502.014 FS. Law Implemented 502.014, 502.053, 502.091, 502.165, 502.231 FS. History–New 9-21-67, Amended 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.03, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.003, Formerly 5K-4.042, Amended 6-20-22, 11-5-23.

Fla. Admin. Code R. 5K-10.003 Dating, Standards for Milk, Milk Products, Manufactured Milk Products and Frozen Desserts

(1) Shelf-Life Dating and Expiration Dating.

(a) All milk and milk products shall be legibly labeled with their shelf-life date. The date or date code for frozen desserts and other manufactured milk products shall indicate the date of manufacture of the product or the last day the product is to be offered for sale. The standards for labeling for all products shall be in accordance with 21 CFR, Part 101, adopted by reference in paragraph 5K-10.001(1)(e), F.A.C.

(b) The microbial counts for the determination of the shelf-life of milk and milk products shall not exceed 30 million colony forming units (CFU)/mL.

(c) The shelf-life expiration date shall appear in conspicuous and easily legible bold-face print or type in distinct contrast to the background, by typography, layout, color, embossing, debossing, or molding of other matter on the package, and shall be placed on that part of the container most likely to be displayed, presented, or shown, or examined under customary conditions of display for retail sale, and shall not interfere with legibility or other mandatory labeling requirements of the product. However, cup containers that are labeled with the date on the bottom shall have displayed on the cap information concerning the location of the date.

(d) The shelf-life expiration date shall be expressed by the three letters of the month followed by the numeral or numerals constituting the appropriate calendar date or numerically. For example: “June 1” shall be expressed “JUN 1” or “0601.”

(e) No milk or milk products shall be offered for sale as a Grade “A” product after the shelf-life expiration date shown on the container. All milk and milk products offered for sale after the shelf-life expiration date will be deemed to be misbranded and subject to be impounded and made unsalable or otherwise disposed of by the department, under the provisions of Section 502.231, F.S.

(f) This rule does not apply to containers of milk or milk products which are not to be sold in the State of Florida.

(g) Each processor shall establish the maximum shelf-life of each product in the hands of the consumer under normal storage conditions.

(2) Department Shelf – Life Testing and Testing Procedures.

When the Department tests shelf-life, the following testing procedures apply:

(a) Milk product samples shall not exceed the microbial count limits specified in this subsection when tested to determine that shelf-life expiration dates stated on the containers assure the consumer of acceptable quality milk and milk products when kept under normal storage conditions. The temperature at the time of collection shall be officially recorded by the collector. Nothing herein contained shall be construed to prohibit the department from taking special samples for analysis and making special tests in order to assure all milk and milk products comply with the minimum standards of freshness, quality and palatability. In the event the department determines a processor’s or a manufacturer’s shelf-life for a given product is improper, the department shall serve written notice on the processor or manufacturer and the processor or manufacturer immediately upon receipt of such notice shall alter the shelf-life expiration date of the product to comply with the department tests. Compliance shall be with the next processing of the product after receipt of such department notice. Failure of the processor or manufacturer to timely correct the shelf-life expiration date of the product will result in a stop-sale order pursuant to section 502.231(4), F.S.

(b) Milk product samples tested by the department shall be tested in accordance with the method adopted in Rule 5K-10.001(1)(m), Florida Administrative Code. The microbial counts for milk products shall not exceed 30 million colony forming units (CFU)/ml.

(3) Chemical, bacteriological and temperature standards for manufacture of Grade “A” products:

Grade “A” raw milk for pasteurization, ultra pasteurization or aseptic processing.

Temperature, Bacterial Limits, Drugs, and Somatic

Standards shall be the same as those listed in Section 7 of the PMO.

Cell Count

Added Water

Freezing point not to exceed -0.526º H.

Grade “A” pasteurized or ultra pasteurized milk and milk products and bulk shipment heat treated milk products.

Temperature, Bacterial Limits, Coliform, Phosphatase, and Drugs

Standards shall be the same as those listed in Section 7 of the PMO.

Added Water

Freezing point not to exceed -0.526º H.

Grade “A” aseptically processed milk and milk products.

Temperature, Bacterial Limits and Limits and Drugs

Standards shall be the same as those listed in Section 7 of the PMO.

Added Water

Freezing point not to exceed -0.526º H.

(4) Chemical, bacteriological and temperature standards for Frozen Desserts:

Raw Milk and Cream.

Temperature

Not to exceed 45º F (7º C).

Bacterial Limits

Milk – not to exceed 500,000 CFU/ml. In no case shall raw milk have a standard plate or direct microscopic clump count in excess of 1,000,000 CFU/ml.

Drugs

Milk and cream – No positive result with drug residue methods referenced in Section 6 of the PMO.

Somatic Cell Count

Not to exceed 750,000/ml; Goat’s milk – Not to exceed 1,500,000.

Frozen Desserts and Other Products Defined in this chapter.

Temperature

Pasteurized Mix (plain) 45º F (7º C). Pasteurized Mix (flavored) 45º F (7º C). Frozen Desserts 0º F (-17.8º C). Other – 0º F (-17.8º C).

Bacterial Limits*

Pasteurized Mix (plain) 50,000 CFU/gram. Pasteurized Mix (flavored) 50,000 CFU/gram. Frozen Desserts – 50,000 CFU/gram. Other – 50,000 CFU/gram.

Drugs

No positive result with drug residue methods referenced in Section 6 of the PMO.

Coliform

Pasteurized Mix (plain) 10 CFU/gram. Pasteurized Mix (flavored) 20 CFU/gram. Frozen Desserts (plain) 10 CFU/gram. Frozen Desserts (bulky flavored) 20 CFU/gram. Other (plain) 10 CFU/gram. Other (bulky flavored) 20 CFU/gram.

Phosphatase

Less than 1 microgram per ml. (less than 500 milliunits/L by the Fluorometric Procedure) or equivalent.

*Not applicable to cultured products

Dry Dairy Products

Dry dairy products used as ingredients in frozen desserts shall meet the requirements for “Extra Grade” or better as defined by the U.S. Standards for Grades for the particular product.

(5) Chemical, Bacteriological, and Temperature Standards for Manufactured Milk Products.

Raw milk for manufactured milk products.

Temperature

Cooled to 50º F (10º C) or less within four (4) hours or less, of the commencement of the first milking, and to 45º F (7º C) or less within two hours after the completion of milking. Provided, the blend temperature after the first and subsequent milkings does not exceed 50º F (10º C).

Bacterial limits

Individual producer milk not to exceed 500,000 CFU/ml. prior to commingling with other producer milk. Not to exceed 1,000,000 CFU/ml. as commingled milk prior to processing.

Drugs

No positive result with drug residue methods referenced in Section 6 of the PMO.

Somatic Cell Count

Individual producer milk: Not to exceed 750,000 per ml. Goat milk: Not to exceed 1,000,000 per ml.

Cheeses made with pasteurized milk or pasteurized reconstituted milk.

Temperature

Cheeses shall comply with 7 CFR Part 58.154.

Coliforms

Not to exceed 10/gram.

Phosphatase

Negative

Cheeses made from non-pasteurized (raw) milk shall comply with 7 CFR Part 58.439.

Temperature

Cheeses shall comply with 7 CFR Part 58.154.

Coliforms

Not to exceed 10/gram.

Phosphatase

Negative

E. coli

<1/gram

Pathogens

None

Butter

Temperature

Not to exceed 40°F.

Coliforms

Not to exceed 10/gram.

Mold

Not to exceed 20/gram.

History

• Rulemaking Authority 502.014, 502.042 FS. Law Implemented 502.014, 502.042, 502.091 FS. History–New 9-21-67, Amended 9-26-69, 12-24-71, 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.07, Amended 10-9-86, 5-19-87, 12-29-88, 6-27-90, 8-29-93, 12-4-94, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.007, Formerly 5K-4.043, Amended 6-20-22, 11-5-23.

Fla. Admin. Code R. 5K-10.004 Future Dairy Farms, Milk Plants, Manufacturing Milk Plants and Frozen Dessert Plants

(1) Milk barn, stable or parlor and milkhouse or room construction.

(a) Walls, ventilation and light. Walls shall be of smooth finish impervious to water. Ten percent of wall area shall be windowed of the ventilating type, unless adequate mechanical ventilation is furnished. Pipes penetrating walls shall be sufficiently tight as to prevent any open space between the pipe and the wall penetration.

(b) Ceiling. Ceilings shall have a height of 9 feet for milkhouse or room and stanchion type barn and 10 feet 6 inches for parlor type barn. A stanchion or parlor type barn used for the milking of goats shall have a minimum ceiling height of 8 feet. If there is a feed storage area above, the ceiling should be tongue and groove double floor with a layer of felt between the floors. There should be no open beams beneath the ceiling.

(c) Floors. Floors shall be constructed of concrete or tile that is slip-proof to animals and sloped for drainage one-quarter inch per foot; provided, that when a floor flush system is installed a minimum slope of one-eighth (1/8'') inch per foot is required.

(d) Door and window frames. Door and window frames shall be constructed of material and finish to resist decay or corrosion.

(e) Placement of equipment. Pumps, motors, sinks and other permanent type equipment should be fastened to the wall with no contact to the floor if possible. Where practical, machinery and equipment shall be located in a room separate from the milk collecting room.

(f) Milkers pit. The milkers pit shall be a minimum of 5 feet wide.

(g) Space between milk storage tanks and walls and ceilings. There shall be a distance of 18 inches between milk storage tank and walls; and 4 feet between the top of the milk storage tank and ceiling; and a distance of 3 feet between milk storage tanks within the same room to secure adequate ventilation and sufficient space for cleaning. Milk storage tanks may be bulkheaded through the wall into the milkroom. If the tanks protrude through the wall to accommodate a top opening manhole and/or agitator the distance between tanks, sidewalls and ceiling still apply.

(h) Milk Storage Tank Design. A sampling cock shall be provided on all milk storage silo and horizontally mounted tanks designed with the manhole lid in the vertical end or wall of the tank. The sampling cock shall be installed on the lid to allow for easy removal for cleaning and sanitizing and shall be considered part of the milk tank. The sampling cock shall be used for the purpose of regulatory and hauler sampling only.

(i) Properly prepared plans for all milk barns, stable or parlor and milkhouse or room regulated under this chapter which are hereafter constructed, reconstructed or extensively altered shall be submitted to the department for approval before work is begun.

(2) Milk plant, frozen dessert plant, receiving station or transfer station construction.

(a) Walls. Walls shall be of smooth finish impervious to water.

(b) Ceiling. Ceilings shall be of a smooth finish impervious to water.

(c) Floors and drains. Floors shall be constructed of concrete or tile; slip proof and sloped to drain.

(d) Door and window frames. Door frames shall be of steel or steel alloy and window frames shall be constructed of a corrosive resistant metal.

(e) Placement of equipment. Equipment should be located at least 18 inches from walls and a minimum distance of 3 feet is suggested between pieces of equipment in order to give the operators of such equipment sufficient room to pass between pieces of equipment comfortably.

(f) Stainless steel pipelines are properly identified. Identification shall be made with colored tape or plastic bands which will remain in place and retain its coloring under normal conditions of use. The following colors shall be used:

Red – Raw Milk Lines

Blue – Pasteurized Products Lines

Green – Cleaning Solution Lines (Supply and Return)

Yellow – Water Lines (Applicable to Stainless Stell Lines Only)

The direction of flow in each line shall also be indicated by an arrow on the pipe, tape, or plastic band. The proper placement of colored bands and directional arrows on pipelines shall be determined by the department to ensure easy identification of the product in the pipe and direction of flow.

(g) Properly prepared plans for all plants regulated under this chapter which are hereafter constructed, reconstructed or extensively altered shall be submitted to the department for approval before work is begun.

(3) Manufacturing milk plants.

(a) Properly prepared plans for all plants regulated under this chapter which are hereafter constructed, reconstructed or extensively altered shall be submitted to the department for approval before work is begun.

(b) Pasteurization equipment shall comply with all applicable requirements set forth in the PMO.

(c) All raw (non-pasteurized) milk cheese shall be aged in accordance with CFR 7 Part 58.439 and shall be aged at the manufacturing plant.

(d) Reconstituted milk used for making cheese shall be pasteurized or the cheese shall be aged in accordance with CFR 7 Part 58.439.

(e) Maunfacturers of aged cheese shall maintain a log sheet showing the date and time each batch or lot of cheese was placed into and removed from the curing or aging room.

(f) Milk tank trucks used for hauling milk or milk products for manufacturing purposes shall comply with the PMO.

(g) Manufacturing milk plants in existence prior to the adoption of this rule shall have one (1) year from the date of adoption to comply with the requirements set forth in this rule.

History

• Rulemaking Authority 502.014, 503.031 FS. Law Implemented 502.014, 502.053, 502.091, 502.121, 503.031 FS. History–New 9-21-67, Amended 10-27-67, 3-19-69, 1-26-81, 8-16-84, Formerly 5D-1.12, Amended 6-27-90, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.012, Formerly 5K-4.044.

Fla. Admin. Code R. 5K-10.005 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth guidelines the Department will follow in imposing the penalties authorized under Chapter 502, F.S., for violations of Chapter 502, section 581.217, F.S., and this rule chapter. The purpose of these guidelines is to give notice of the range of penalties that will be imposed for a single violation within a three-year period. The three-year period shall be based on the date of the last administrative enforcement action imposed against the violator. These guidelines list aggravating and mitigating factors that, if present, will increase or reduce penalties to be imposed. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum as follows:

(a) In the case of a frozen dessert plant licensee, the fine imposed for each violation shall not exceed $5,000 as provided in Section 570.971, F.S., for Class II category;

(b) In the case of any other violation, the fine imposed shall not exceed $1000 for each occurrence as provided in Section 570.971, F.S., for a Class I category.

(2) The guidelines in this rule are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(3) The Department will enforce compliance with Chapter 502, section 581.217(7), F.S., and this rule chapter by issuing an administrative complaint, a stop-sale order, or stop-use order, notice of non-compliance, permit suspension or revocation for violations of Chapter 502, section 581.217(7), F.S., and this rule chapter.

(4) Nothing in this rule shall limit the ability of the Department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(5) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to, encompass all possible violations of statute or Department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and

(b) The aggravating or mitigating factors listed in this rule.

(6) Aggravating and Mitigating Factors. The Department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 502, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. The violation caused, or has the potential to cause, harm to the public and the degree or extent of such harm.

2. The violation endangered the public safety or welfare.

3. Previous violations for the same or a similar offense that resulted in enforcement action, defined as follows:

a. First Offense. A violation of any law subject to penalty under Chapter 502, or section 581.217(7), F.S., when no disciplinary administrative complaints involving the same permitholder have been filed with the Agency Clerk within the three years preceding the date the current administrative complaint is issued.

b. Second Offense. A violation of any law subject to penalty under Chapter 502, or section 581.217(7), F.S., after one disciplinary administrative complaint involving the same permitholder has been filed with the Agency Clerk within the three years preceding the date the current administrative complaint is issued, even if the current violation is not the same as the previous violation.

c. Third and Any Subsequent Offense. A violation of any law subject to penalty under Chapter 502, section 581.217(7), F.S., after two disciplinary administrative complaints involving the same permitholder has been filed with the Agency Clerk within the three years preceding the date the current administrative complaint is issued, even if the current violation is not the same as the previous violation.

4. The violation history over the past three years.

5. The violation was repeated within one year.

6. The violator impeded, or otherwise failed to cooperate with, the Department’s inspection and/or investigation.

7. Whether the violation resulted from negligence or an intentional act.

8. The cost of enforcement action.

9. The number of other violations proven in the same proceeding.

10. The benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation.

2. Whether intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Acts of God or nature that impaired the ability of the violator to comply with Chapter 502, section 581.217, F.S., or this rule chapter.

4. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

5. The disciplinary history of the violator.

6. The violator expeditiously took affirmative or corrective action after it received written notification of the violation to rectify any financial damage or harm to the public.

7. If a repeat violation, whether three years has passed since the prior violation.

(7) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(8) In addition to the penalties established in this rule, the Department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law.

(9) Penalties.

(a) Minor Violation. Any Department investigation or inspection which reveals violations of this rule chapter in which the Department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Non-Compliance as the Department’s first response to the violation. For the purposes of this rule, the following violations shall be considered minor and shall result in the issuance of a notice of noncompliance:

1. Violations to subsections 5K-10.003(1) and (2), F.A.C., pertaining to dating standards for milk, milk products, manufactured milk products and frozen desserts, where the violation has a low potential for causing economic or physical harm to a person, adversely affecting the public health, safety, or welfare, or creating a significant threat of such harm if left uncorrected.

2. Misbranded or mislabeled Grade “A”, manufactured milk, or frozen dessert product where the violation has a low potential for causing economic or physical harm to a person, adversely affecting the public health, safety, or welfare, or creating a significant threat of such harm if left uncorrected.

3. Violations of Rule 5K-10.004, F.A.C., pertaining to submitting and approval of dairy farm plans prior to beginning work, where the violation has a low potential for causing economic or physical harm to a person, adversely affecting the public health, safety, or welfare, or creating a significant threat of such harm if left uncorrected.

4. Violations of Rule 5K-10.004, F.A.C., pertaining to submitting and approval of milk plant, frozen dessert plant, receiving station or transfer station plans prior to beginning work, where the violation has a low potential for causing economic or physical harm to a person, adversely affecting the public health, safety, or welfare, or creating a significant threat of such harm if left uncorrected.

5. Grade “A” milk plant or frozen dessert plant, whether located in the state or outside the state, offering products for sale in the state without a valid Florida permit.

6. Violations of the labeling requirements found in 21 CFR 101, as adopted by reference in paragraph 5K-10.006(6)(a), F.A.C.

7. Out-of-State firm operating without proper FL permit(s) as applicable.

(b) Major Violations. Any violation of Chapter 502, section 581.217, F.S., or this rule chapter that may result in economic or physical harm to a person or may adversely affect the public health, safety, or welfare or creates a significant threat of such harm shall be considered a major violation. Major violations shall result in the issuance of a stop-sale order, or stop-use order, permit suspension. and an administrative fine of $500 up to the statutory maximum, or any combination thereof. Aggravating factors, as defined in paragraph (6)(a) of this rule, shall warrant the adjustment of the fine upward per violation per aggravating factor and mitigating factors, as defined in paragraph (6)(b) of this rule, shall warrant the adjustment of the fine downward per violation per mitigating factor, but no fine shall exceed the statutory maximum as outlined in section 570.971, F.S., as applicable. If, three years after the day of the last violation under Chapter 502, F.S., or this rule chapter, no new violation has occurred, all previous fines shall be disregarded when administering a fine for the next violation. For the purposes of this rule, the following violations shall be considered major violations:

1. Producing or offering for sale reconstituted or recombined milk or milk product.

2. Grade “A” milk products found offered for sale in the State of Florida produced in a facility outside the State of Florida that is not included on the Interstate Milk Shippers list, available online at https://www.fda.gov/Food/GuidanceRegulation/FederalStateFoodPrograms/ucm2007965.htm.

3. Failure to make corrective action listed in a notice of non-compliance within allotted time as indicated by the Department.

4. Samples deemed violative for residual phosphatase as outlined in Rule 5K-10.003, F.A.C.

5. Manufactured milk or frozen dessert products deemed violative for Pathogens, Listeria monocytogenes, salmonella, E. Coli (STEC) and/or Staphylococcal enterotoxin as outlined in Rule 5K-10.003, F.A.C.

6. Violations of subsection 5K-10.006(5), F.A.C.

7. Violations of subsection 5K-10.006(6), F.A.C.

8. Violations of labeling requirements found in 21 CFR 101, as adopted by reference in paragraph 5K-10.006(6)(a), F.A.C., that could result in economic or physical harm to a person or may adversely affect public health, safety, or welfare or create a significant threat as determined by the Department.

9. Any milk and or milk product found to have an aflatoxin limit over 0.5 ppb.

10. Equipment found to be out of compliance or unclean in consecutive inspections.

11. Bottling or processing of animal feed into retail containers for sale in a dairy permitted facility.

12. Repackaging of Grade “A” product in a facility where final pasteurization does not occur.

13. Violation of subsections 5K-10.004(1) and/or 5K-10.004(2), F.A.C.

14. Violations that result in a second and any subsequent notice of non-compliance or minor violation for the same or similar offense within a three-year period.

15. Refusal to permit entry or inspection as required by Section 502.014, F.S.

16. Operating as a dairy establishment or frozen dessert plant without a valid dairy permit, as provided in Section 502.053, F.S.

17. The misbranding of species identification in milk products.

18. The introduction of adulterated or misbranded products into commerce.

19. Violations of subsection 5K-10.006(7), F.A.C.

(c) Willfull Violations. Willful violations shall result in the imposition of an administrative fine of $5,000 for each violation in the case of a frozen dessert licensee, $1,000 for each occurrence of a willful violation by any other permit holder, permit suspension, permit revocation or any combination thereof. The following shall constitute a willful violation:

1. The unauthorized breaking, cutting, or removal of any seal or tag applied by the Department.

2. The sale or distribution, or offering for sale or distribution, of any commodity under Stop-sale order unless done so within the parameters of a conditional release.

3. The use of any equipment under Stop-use order unless done so within the parameters of a conditional release.

4. Failure to comply with conditions stipulated in a release of a Stop-sale, and/or Stop-use order.

5. The intentional misbranding of species identification in milk products.

6. The intentional introduction of adulterated or misbranded products into commerce.

7. The failure to comply with either a Final Order or a Default Final Order of the Department.

8. The unathorized tampering with, removal, or circumvention of public health controls applied by the Department.

9. The falsification of any records required under Chapter 502, F.S., or this rule chapter.

10. Violations of Section 502.091(1), F.S.

11. Operating a dairy or frozen dessert establishment that has been deemed an imminent threat to the public health, safety, and welfare by the Department for failure to comply with Chapter 502, F.S. or this rule chapter.

12. Marketing and/or sale of products labeled as animal feed for human consumption.

(10) Resolution Of Violations, Settlement, And Additional Enforcement Remedies.

(a) The Department and person(s) charged with a violation may agree to resolve violations prior to an administrative hearing or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule chapter shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or 502, F.S.

(b) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The Department shall impose administrative fines in a Default Final Order equal to the maximum amount authorized by Section 502.231, F.S.

(c) A violator’s failure to comply with either a Final Order or a Default Final Order of the Department shall result in additional enforcement actions as authorized by law.

(d) Fines resulting from multiple violations or Final Orders shall be assessed cumulatively.

History

• Rulemaking Authority 500.09, 502.014, 570.07(23), 570.971(5), 581.217(12) FS. Law Implemented 500.172, 502.014, 502.053, 502.091, 502.121, 502.231, 518.217(7) FS. History–New 6-29-22, Amended 11-5-23.

Fla. Admin. Code R. 5K-10.006 Hemp Extract

(1) Products. Milk, Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption are subject to the requirements of Chapter 502, F.S., Section 581.217, F.S., and Chapter 5K-10, F.A.C., in addition to the requirements of this rule. Grade “A” milk and milk products to which Hemp or Hemp Extract for Human Consumption has been added shall be considered “Substitute Milk” or “Substitute Milk Products” as defined in Chapter 502, F.S. In addition to the requirements in Section 502.165, F.S., Substitute Milk and Substitute Milk Products containing Hemp or Hemp Extract for Human Consumption are subject to the requirements of Chapter 5K-10, F.A.C.

(2) Definitions. The definitions provided in Sections 502.012 and 581.217, F.S., and the following shall apply to this rule:

(a) “Approved Source” for the purposes of this rule means Hemp Frozen Dessert Plant, Hemp Substitute Milk Manufacturer, or Hemp Substitute Milk Product Manufacturer manufacturing, processing, packing, holding, or preparing or selling Substitute Milk, Substitute Milk Products, or Frozen Desserts at wholesale or retail that meet the requirements of Section 581.217(7)(a)1.d., F.S.

(b) “Attractive to Children” is defined in Section 581.217(3)(a), F.S.

(c) “Batch” or “Lot” means the Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption produced during a period of time under similar conditions and identified by a specific code that allows traceability.

(d) “Color Additive” is as defined in s. 500.03(1)(g), F.S. Food additives which contribute their own natural color when mixed with foods or other food ingredients are not regarded as color additives, except when used for the purpose of adding color to a food product.

(e) “Expiration Date” means the month and year as determined by the processor, plant, manufacturer, packer, or distributor based on tests or other information showing that the product, until that date, under the conditions of handling, storage, preparation, and use per label directions, will when consumed, contain not less than the quantity of each ingredient as set forth on its label.

(f) “Hemp” is defined in Section 581.217(3)(e), F.S.

(g) “Hemp Extract” is defined in Section 581.217(3)(f), F.S.

(h) “Hemp Frozen Dessert Plant” means a Frozen Dessert Plant who manufactures, processes, converts, partially freezes, or freezes any mix or frozen dessert containing Hemp or Hemp Extract for Human Consumption for distribution or sale.

(i) “Hemp Substitute Milk Manufacturer” means any place, premises, or establishment where Substitute Milk containing H Hemp or Hemp Extract for Human Consumption is collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaging, condensed, dried, packaged, bottled, or prepared for distribution at wholesale.

(j) “Hemp Substitute Milk Product Manufacturer” means any place, premises, or establishment where Substitute Milk Products containing Hemp or Hemp Extract for Human Consumption is collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaging, condensed, dried, packaged, bottled, or prepared for distribution at wholesale.

(k) “Human Consumption” includes products intended for human Ingestion and/or human Inhalation but does not include topical applications.

(l) “Ingestion” means the process of consuming Hemp or Hemp Extract through the mouth whether by swallowing into the gastrointestinal or through tissue absorption.

(m) “Total delta-9 tetrahydrocannabinol concentration” means [delta-9 tetrahydrocannabinol] + (0.877 x [delta-9 tetrahydrocannabinolic acid]).

(3) Permits and Fees. Hemp Substitute Milk, Hemp Substitute Milk Products, and Hemp Frozen Dessert Manufacturers shall obtain a permit and pay the applicable fee required in Rule 5K-10.002, F.A.C.

(4) Requirements.

(a) Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption must originate from an Approved Source. The Hemp Frozen Dessert Plant, Hemp Substitute Milk Manufacturer, or Hemp Substitute Milk Product Manufacturer shall provide to the department, upon request, a valid dairy or food safety license/permit and the most recent dairy or food safety inspection report from the Approved Source.

(b) Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption must be stored and transported in accordance with Chapter 5K-10, F.A.C. Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption must be packaged in containers minimizing the exposure to light to prevent degradation of the Cannabinoids.

(c) Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption shall not contain a Total delta-9 tetrahydrocannabinol concentration of more than 0.3%.

(5) Contaminants. In addition to the requirements listed in Chapter 502, F.S., and Rule 5K-10.004, Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption shall be considered adulterated pursuant to Section 502.181(2), F.S., if contaminants are detected at levels greater than those listed in this rule.

(a) Pesticide Limits. The following list of contaminants does not constitute authorization to use or apply any of the following during Hemp cultivation or processing.

1. Abamectin, 300 parts per billion.

2. Acephate, 3,000 parts per billion.

3. Acequinocyl, 2,000 parts per billion.

4. Acetamiprid, 3,000 parts per billion.

5. Aldicarb, 100 parts per billion.

6. Azoxystrobin, 3,000 parts per billion.

7. Bifenazate, 3,000 parts per billion.

8. Bifenthrin, 500 parts per billion.

9. Boscalid, 3,000 parts per billion.

10. Captan, 3,000 parts per billion.

11. Carbaryl, 500 parts per billion.

12. Carbofuran, 100 parts per billion.

13. Chlorantraniliprole, 3,000 parts per billion.

14. Chlordane, 100 parts per billion.

15. Chlorfenapyr, 100 parts per billion.

16. Chlormequat chloride, 3,000 parts per billion

17. Chlorpyrifos, 100 parts per billion.

18. Clofentezine, 500 parts per billion.

19. Coumaphos, 100 parts per billion.

20. Cyfluthrin, 1,000 parts per billion.

21. Cypermethrin, 1,000 parts per billion.

22. Daminozide, 100 parts per billion.

23. DDVP (Dichlorvos), 100 parts per billion.

24. Diazinon, 200 parts per billion.

25. Dimethoate, 100 parts per billion.

26. Dimethomorph, 3,000 parts per billion.

27. Ethoprop(hos), 100 parts per billion.

28. Etofenprox, 100 parts per billion.

29. Etoxazole, 1,500 parts per billion.

30. Fenhexamid, 3,000 parts per billion.

31. Fenoxycarb, 100 parts per billion.

32. Fenpyroximate, 2,000 parts per billion.

33. Fipronil, 100 parts per billion.

34. Flonicamid, 2,000 parts per billion.

35. Fludioxonil, 3,000 parts per billion.

36. Hexythiazox, 2,000 parts per billion.

37. Imazalil, 100 parts per billion.

38. Imidacloprid, 3,000 parts per billion.

39. Kresoxim-methyl, 1,000 parts per billion.

40. Malathion, 2,000 parts per billion.

41. Metalaxyl, 3,000 parts per billion.

42. Methiocarb, 100 parts per billion.

43. Methomyl, 100 parts per billion.

44. Methyl parathion, 100 parts per billion.

45. Mevinphos, 100 parts per billion.

46. Myclobutanil, 3,000 parts per billion.

47. Naled, 500 parts per billion.

48. Oxamyl, 500 parts per billion.

49. Paclobutrazol, 100 parts per billion.

50. Pentachloronitrobenzene, 200 parts per billion.

51. Permethrin, 1,000 parts per billion.

52. Phosmet, 200 parts per billion.

53. Piperonyl butoxide, 3,000 parts per billion.

54. Prallethrin, 400 parts per billion.

55. Propiconazole, 1,000 parts per billion.

56. Propoxur, 100 parts per billion.

57. Pyrethrins, 1,000 parts per billion.

58. Pyridaben, 3,000 parts per billion.

59. Spinetoram, 3,000 parts per billion.

60. Spinosad A & D, 3,000 parts per billion.

61. Spiromesifen, 3,000 parts per billion.

62. Spirotetramat, 3,000 parts per billion.

63. Spiroxamine, 100 parts per billion.

64. Tebuconazole, 1,000 parts per billion.

65. Thiacloprid, 100 parts per billion.

66. Thiamethoxam, 1,000 parts per billion.

67. Trifloxystrobin, 3,000 parts per billion.

(b) Residual Solvent Limits.

1. 1,2-Dichloroethene, 5 parts per million

2. 1,1-Dichloroethene, 8 parts per million

3. Acetone, 5,000 parts per million

4. Acetonitrile, 410 parts per million

5. Benzene, 2 parts per million

6. Butane, 2,000 parts per million

7. Chloroform, 60 parts per million

8. Ethanol, 5,000 parts per million

9. Ethyl Acetate, 5,000 parts per million

10. Ethyl Ether, 5,000 parts per million

11. Ethylene Oxide, 5 parts per million

12. Heptane, 5,000 parts per million

13. Hexane, 290 parts per million

14. Isopropyl Alcohol, 500 parts per million

15. Methanol, 3,000 parts per million

16. Methylene Chloride, 600 parts per million

17. Pentane, 5,000 parts per million

18. Propane, 2,100 parts per million

19. Toluene, 890 parts per million

20. Trichloroethylene (1,1,2-Trichloroethene), 80 parts per million

21. Xylenes, Total (ortho-, meta-, para-), 2170 parts per million

(c) Metals Limits.

1. Cadmium, 0.5 micrograms/gram.

2. Lead, 0.5 micrograms/gram.

3. Arsenic, 1.5 micrograms/gram.

4. Mercury, 3.0 micrograms/gram.

(d) Biological Limits.

1. Shiga toxin-producing Escherichia coli (STEC E. coli) and other pathogenic E. coli, none present.

2. Listeria monocytogenes, none present.

3. Salmonella, none present.

(e) Mycotoxin Limits.

1. Total Aflatoxin (B1, B2, G1, G2), 20 parts per billion.

2. Ochratoxin, 20 parts per billion.

(f) Cannabinoid Limits. Total delta-9 tetrahydrocannabinol concentration shall not exceed 0.3%.

(g) Color additives prohibited for Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Human Consumption:

1. FD&C Blue No. 1

2. FD&C Blue No. 2

3. FD&C Green No. 3

4. Orange B

5. Citrus Red No. 2

6. FD&C Red No. 3

7. FD&C Red No. 40 (Allura Red)

8. FD&C Yellow No. 5

9. FD&C Yellow No. 6

10. FD&C Red No. 3

11. Cochineal extract

12. Carmine

13. Mica-based pearlescent pigments

14. Quinoline Yellow (FD&C Yellow No. 10)

15. Yellow 2G

16. FD&C Green No. 1

17. FD&C Green No. 2

18. FD&C Red No. 1

19. FD&C Red No. 2, Amaranth

20. FD&C Red No. 4, Ponceau SX

21. FD&C Violet No. 1

22. Azorubine Carmoisine

23. Ponceau 4R, Ponceau Red, Cochineal Red A

24. Patent Blue V

25. Green S

26. Brilliant Black BN, Black PN

27. Brown FK

28. Brown HT, Chocolate Brown

29. Cuttlefish Black

30. Cuttle Black

31. Alkanet (Alkane)

32. Carbon Black, Vegetable Carbon

33. Charcoal-NF XI

34. Cudbear

35. Ferric Chloride

36. Ferrous Sulfate

37. Logwood, Chip & Extract

(h) The following substances are prohibited for use in Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption when used as a color additive:

1. Annatto extract

2. Dehydrated beets (beet powder)

3. Butterfly pea flower extract

4. Calcium carbonate

5. Canthaxanthin

6. Caramel

7. β-Apo-8'-carotenal

8. β-Carotene

9. Sodium copper chlorophyllin

10. Toasted partially defatted cooked cottonseed flour

11. Ferrous gluconate

12. Ferrous lactate

13. Grape color extract

14. Grape skin extract (enocianina)

15. Synthetic iron oxide

16. Fruit juice

17. Vegetable juice

18. Carrot oil

19. Paprika

20. Paprika oleoresin

21. Riboflavin

22. Saffron

23. Soy Leghemoglobin

24. Spirulina extract

25. Titanium dioxide

26. Tomato lycopene extract

27. Tomato lycopene concentrate

28. Tumeric

29. Tumeric oleoresin

(i) If a testing sample is found to contain levels of any pathogen, toxicant, residual solvent, metal, color additive, controlled substance, drug, or pesticide not enumerated in this rule or by Florida law the Substitute Milk, Substitute Milk Product, or Frozen Dessert containing Hemp or Hemp Extract for Human Consumption shall be considered adulterated.

(6) Product, Packaging, Labeling, and Advertisement. Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption must comply with and be packaged and labeled in accordance with Chapter 502, F.S., Section 581.217(7), F.S., Rule 5K-4.034, F.A.C., and 21 CFR 101. The label must also contain the name and address of the manufacturer or plant. 21 CFR 101 (Revised April 1, 2019) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11459 and by email request to the department at FoodSafety@FDACS.gov. Advertisements for Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption shall comply with Section 581.217, F.S., and Rule 5K-4.034, F.A.C.

(7) Disposal.

(a) Laboratory samples found to contain more than a Total delta-9 tetrahydrocannabinol concentration of 0.3% shall be disposed of in accordance with 21 CFR 1317. 21 CFR 1317 (Revised April 1, 2019) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11460 and by email request to the department at FoodSafety@FDACS.gov.

(b) Substitute Milk, Substitute Milk Products, or Frozen Desserts containing a Total delta-9 tetrahydrocannabinol concentration that exceeds 0.3% shall be detained pursuant to Section 502.014, F.S. Substitute Milk, Substitute Milk Products, or Frozen Desserts containing a Total delta-9 tetrahydrocannabinol concentration that exceeds 0.3% which have been detained pursuant to Section 502.014, F.S., shall not be further subdivided or renumbered such that the integrity of the lot for identification is not maintained. The establishment shall not dispose of the Substitute Milk, Substitute Milk Products, or Frozen Desserts in any manner until written permission for removal, use, or disposal is given by the department or a court of competent jurisdiction.

(8) Penalties.

(a) Violations of this rule will be evaluated, and penalties imposed in accordance with Rule 5K-10.005, F.A.C.

(b) Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption sold in violation of this rule shall be considered adulterated pursuant to subsection 502.181(2), F.S.

(c) The sale of Substitute Milk, Substitute Milk Products, and Frozen Desserts containing Hemp or Hemp Extract for Human Consumption to persons under the age of 21 is punishable as provided in paragraph 581.217(7)(d), F.S., and shall result in an administrative fine of $5,000 per occurrence.

History

• Rulemaking Authority 502.014, 502.053, 570.07(23), 581.217(12) FS. Law Implemented 502.012, 502.014, 502.032, 502.042, 502.053, 502.091, 502.121, 502.165, 502.231, 581.217(7) FS. History–New 1-1-20, Amended 5-22-22, 1-12-25.

Chapter 5K-11 MEDICAL MARIJUANA TREATMENT CENTERS AND EDIBLES

Fla. Admin. Code R. 5K-11.001 Definitions

For the purposes of this rule chapter, the definitions in Section 500.03, F.S., and the following shall apply:

(1) Change in Ownership means:

(a) An event in which the permittee sells or otherwise transfers its ownership to a different person as evidenced by a change in federal employer identification number or taxpayer identification number; or

(b) An event in which 51 percent or more of the ownership, shares, membership, or controlling interest of a permittee is in any manner transferred or otherwise assigned. This paragraph does not apply to a permit held by a person that is publicly traded on a recognized stock exchange. A change solely in the management or board of directors is not a change of ownership.

(2) Department means the Florida Department of Agriculture and Consumer Services.

(3) Edibles is defined as in Section 381.986(1)(d), F.S., to mean commercially produced food items made with Marijuana Oil, but no other form of marijuana, that are produced and dispensed by a Medical Marijuana Treatment Center.

(4) Marijuana Oil means oil derived from Low-THC Cannabis as defined in Section 381.986(1)(e), F.S., or Marijuana as defined in Section 381.986(1)(f), F.S.

(5) Medical Marijuana Treatment Centers (MMTC) are licensed by the Florida Department of Health as provided in Section 381.986(8), F.S., and are defined as in Art. X, §29(b)(5), Fla. Const., to mean an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers.

History

• Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 381.986, 500.03, 500.12 FS. History–New 3-16-20.

Fla. Admin. Code R. 5K-11.002 Permits and Fees

(1) Pursuant to Section 381.986(8)(e)8., F.S., MMTCs producing or manufacturing Edibles are required to be permitted as food establishments and are subject to the requirements of Chapter 500, F.S., and this rule chapter.

(2) MMTCs are strongly encouraged to undergo a plan review with the Department prior to applying for a food permit pursuant to this rule chapter, for the purpose of evaluating whether proposed construction or remodeling plans conform to current requirements established in Chapter 500, F.S., and this rule chapter including existing regulations adopted by reference. MMTCs may request a plan review by submitting a completed Plan Review Application, FDACS-14222 (Rev. 12/19) incorporated by reference in paragraph 5K-4.004(8)(a), F.A.C., and any applicable fees as outlined in paragraph 5K-4.004(8)(b), F.A.C.

(3) Initial Permits. Prior to producing or manufacturing Edibles, an MMTC must obtain a food permit pursuant to Chapter 500, F.S., and in accordance with this rule. To apply for a food permit an MMTC shall:

(a) Submit to the Department a completed Medical Marijuana Treatment Center Food Permit Application, FDACS-14031, (Rev. 12/19), which is adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11690;

(b) Remit in full the required permit fee as described in subsection (6);

(c) Provide to the Department a list of all Edibles the MMTC intends to produce or manufacture. This list shall be attached to the Medical Marijuana Treatment Center Food Permit Application, FDACS-14031, (Rev. 12/19); and

(d) Demonstrate through an initial inspection conducted by the Department that the facility where Edibles will be produced or manufactured meets inspection requirements established in Chapter 500, F.S., and paragraphs 5K-4.002(1)(c)-(e), subsection 5K-4.002(2), and Rule 5K-4.004, F.A.C.

(4) Permit renewal. Food permits must be renewed by the MMTC annually as prescribed in subsection (3), with the exception of the initial inspection in paragraph (3)(d).

(5) Prior to implementation, MMTCs shall notify the Department in writing at foodinsp@FDACS.gov, of any changes or additions to food products to be produced or manufactured.

(6) Food Permit Fees.

(a) Applications for an initial food permit received by the Department between January 1 through June 30 shall be assessed a permit fee of $650.00, plus an epidemiology fee as prescribed in Section 381.006(10), F.S.

(b) Applications for an initial food permit received by the Department between July 1 through December 31 shall be assessed a permit fee of $325.00, plus an epidemiology fee as prescribed in Section 381.006(10), F.S.

(c) The renewal permit fee shall be $650.00, plus an epidemiology fee as prescribed in Section 381.006(10), F.S.

(d) Late Fees. A late fee of $100.00 will be applied to all permit renewal applications not received by the Department as prescribed in Section 500.12, F.S. The Department shall not issue a food permit until all applicable fees, including late fees, are received by the Department.

(7) An MMTC may produce or manufacture Edibles in more than one physical location. An MMTC must complete the application requirements and receive an individual food permit for each physical location, by address, in which Edibles are produced or manufactured.

(8) Change in Ownership or Physical Location of an MMTC. An MMTC must complete the application requirements and receive a new food permit prior to manufacturing or producing edibles in a new location or after a Change in Ownership. Food permits are not transferable from one person or physical location to another.

(9) The permit or permit number shall not be used on any label or in any advertisement of Edibles. Permits shall be conspicuously displayed at the locations for which they were issued.

History

• Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 381.006(10), 500.12, 500.147 FS. History–New 3-16-20.

Fla. Admin. Code R. 5K-11.003 Inspections and Reinspections

(1) Inspections. The Department shall inspect the areas where Edibles are produced or manufactured at an MMTC to ensure compliance with the requirements of Chapter 500, F.S., and this rule chapter.

(2) Reinspections. Any reinspection required for an MMTC shall be charged a fee of $135.00 for recovery of the cost incurred to provide each reinspection. For the purposes of this section, a reinspection refers to any inspection conducted for the purpose of verifying compliance with Chapter 500, F.S., or the rules promulgated thereunder, following a previous inspection that requires a reinspection. Such inspection shall be indicated by issuance of an inspection report listing conditions that are not in compliance and which, when viewed as a whole, are more likely to contribute to food contamination, illnesses, or environmental health hazards.

History

• Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 500.12, 500.147 FS. History–New 3-16-20.

Fla. Admin. Code R. 5K-11.004 Permitting Requirements

(1) Edibles may not be manufactured, distributed, or sold under the Cottage Food Operations Law in Section 500.80, F.S.

(2) Food used to create Edibles shall be as defined in Section 500.03(1)(n), F.S.

(3) Marijuana Oil shall not be considered an unapproved food additive as defined in Section 500.03(1)(o), F.S., if used in the production and manufacture of Edibles by a licensed MMTC pursuant to Section 381.986, F.S., and in accordance with this rule chapter.

History

• Rulemaking Authority 500.09, 570.07(23) FS. Law Implemented 500.04, 500.09, 500.10, 500.12 FS. History–New 3-16-20.

Fla. Admin. Code R. 5K-11.005 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth the guidelines the Department will follow in imposing the penalties authorized under Chapter 500, F.S. relative to the production and manufacture of Edibles. The purpose of the guidelines is to give notice of the range of penalties that will be imposed for a single violation within a three-year period. The three-year period shall be based on the date of the last administrative enforcement action imposed against the violator. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum for a Class II category of $5,000 for each violation as provided in Section 570.971, F.S., except for violations of Section 500.165, F.S., which have a statutory maximum for a Class III category of $10,000 as provided in Section 570.971, F.S. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) Any person violating this rule chapter shall be subject to the injunction procedures of Section 500.171, F.S., and to the penalties provided in Sections 500.121, 500.172, 500.173, 500.174, and 500.177, F.S.

(3) The Department will enforce compliance with Chapter 500, F.S., and this rule chapter by issuing an administrative complaint, a stop-sale order, stop-use order, release order, notice of non-compliance, permit suspension or revocation, or an immediate final order for violations of Chapter 500, F.S., and this rule chapter.

(4) Stop-Sale, or Stop-Use Orders. The Department shall issue a Stop-Sale, or Stop-Use Order FDACS-14215, (Rev. 04/19), as provided in Section 500.172, F.S., whenever necessary to effectuate the statutory duties of the Department in the interest of public health, safety, and welfare and as necessary to promote the safety of any food product, food-processing equipment, or areas within an entity operating as a food establishment in Florida. A Stop-Sale, or Stop-Use Order 14215, (Rev. 04/19), will be used to give notice that such a product, processing equipment or area is, or is suspected of, failing to comply with the requirements of Chapter 500, F.S., or this rule chapter, and shall prohibit the removal, use, or disposal of such item. The Stop-Sale, or Stop-Use Order is incorporated by reference in Rule 5K-4.035, F.A.C.

(5) Nothing in this rule shall limit the ability of the Department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(6) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to, encompass all possible violations of statute or Department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and

(b) The mitigating or aggravating factors listed in this rule.

(7) Aggravating and Mitigating Factors. The Department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 500, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. The violation caused, or has the potential to cause, harm to the public and the degree or extent of such harm.

2. The violation endangered the public safety or welfare.

3. Previous violations for the same or a similar offense that resulted in enforcement action, defined as follows:

a. First Offense. A violation of any law subject to penalty under Chapter 500, F.S., when no disciplinary administrative complaints involving the same permitholder have been filed with the Agency Clerk within the three years preceding the date the current administrative complaint is issued.

b. Second Offense. A violation of any law subject to penalty under Chapter 500, F.S., after one disciplinary administrative complaint involving the same permitholder has been filed with the Agency Clerk within the three years preceeding the date the current administrative complaint is issued, even if the current violation is not the same as the previous violation.

c. Third and Any Subsequent Offense. A violation of any law subject to penalty under Chapter 500, F.S., after two disciplinary administrative complaint involving the same permitholder has been filed with the Agency Clerk within the three years preceeding the date the current administrative complaint is issued, even if the current violation is not the same as the previous violation.

4. The violation history over the past three years.

5. The violation was repeated within one year.

6. The violator impeded, or otherwise failed to cooperate with, the Department’s inspection and/or investigation.

7. Whether the violation resulted from negligence or an intentional act.

8. The cost of enforcement action.

9. The number of other violations proven in the same proceeding.

10. The benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation.

2. Whether intentional actions of another party prevented the violator from complying with the applicable laws or rules.

3. Acts of God or nature that impaired the ability of the violator to comply with Chapter 500, F.S., or this rule chapter.

4. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.

5. The disciplinary history of the violator.

6. The violator expeditiously took affirmative or corrective action after it received written notification of the violation to rectify any financial damage or harm to the public.

7. If a repeat violation, whether three years has passed since the prior violation.

(8) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(9) In addition to the penalties established in this rule, the Department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the Department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the Department.

(10) Penalties.

(a) Minor Violation. Any Department investigation or inspection which reveals violations of this rule chapter in which the Department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a Notice of Non-Compliance as the Department’s first response to the violation. For the purposes of this rule, the following violations shall be considered minor and shall result in the issuance of a notice of noncompliance:

1. Violations to paragraphs 5K-4.002(1)(c)-(e), F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

2. Violations to subsection 5K-4.002(2), F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

3. Violations to Rule 5K-4.004, F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.

4. Failure to notify the Department in writing of any changes or additions to food products to be produced or manufactured in accordance to subsection 5K-11.002(5), F.A.C.

(b) Major Violations. Any violation of Chapter 500, F.S., or this rule chapter that may result in economic or physical harm to a person or may adversely affect the public health, safety, or welfare or creates a significant threat of such harm shall be considered a major violation.

1. Tier I. Tier I major violations shall result in the issuance of a stop-sale order, and/or stop-use order. For the purposes of this rule, the following violations shall be considered Tier I violations:

a. Operating a food establishment with no hot water available.

b. Operating a food establishment while hot water is available, but the source is turned off.

c. Failure to provide copies of required microbiological and/or chemical analysis for review.

d. Operating a food establishment without the required service sink or curbed cleaning facility.

e. Failure to have an adequate or accurately maintained process control system including Hazards Analysis and Critical Control Points (HACCP), scheduled process, food safety plan, or any such other required by Rule 5K-4.002, F.A.C.

f. Failure to follow process control system such as Hazards Analysis and Critical Control Points (HACCP), scheduled process, food safety plan, or any such other required by Rule 5K-4.002, F.A.C.

g. The manufacture, sale or delivery, holding or offering for sale any Edible that is deemed adulterated as outlined in Section 500.10, F.S.

h. The manufacture, sale or delivery, holding or offering for sale any Edible that is misbranded as provided in Section 500.11, F.S, or in 21 CFR Part 101 as incorporated in Rule 5K-4.002, F.A.C.

i. Transporting food under conditions which may render the Edible to be deemed adulterated, as provided in Section 500.10, F.S.

j. The presence of a pathogenic Escherichia Coli, Salmonella Enterica, or Listeria Monocytogenes found in the environment of a Food Establishment in a location where contamination of food is likely to occur from the presence of the organism(s). In case of such violation, a stop-use order(s) shall be issued and shall not be released by the Department until the Food Establishment has cleaned and/or repaired the affected areas and all test results following environmental sampling are observed by the Department and reported as “negative” from an ISO (International Organizaiton of Standardization) 17025 based accredited laboratory certified to conduct testing for the microorganism of concern. Any and all cleaning, repairs, environmental sampling and testing shall be at the expense of the facility.

k. Violation of 21 CFR Part 117.20, as incorporated in Rule 5K-4.002, F.A.C., where sewage is not conveyed to the point of disposal through an approved sanitary sewage system or another system constructed, maintained, and operated according to law, which may result in a way that a public health hazard or nuisance is created.

l. Violation of 21 CFR Part 117.20, as incorporated in Rule 5K-4.002, F.A.C., premises are not maintained free of roaches and rodents.

2. Tier II. Tier II violations shall result in the issuance of a stop-sale, stop-use order, and an administrative fine of $500 up to the statutory maximum. Aggravating factors, as defined in paragraph (6)(a) of this rule, shall warrant the adjustment of the fine upward per violation per aggravating factor and mitigating factors, as defined in paragraph (6)(b) of this rule, shall warrant the adjustment of the fine downward per violation per mitigating factor, but no fine shall exceed the statutory maximum as outlined in Section 570.971, F.S., as applicable. If, three years after the day of the last violation under Chapter 500, F.S., or this rule chapter, no new violation has occurred, all previous fines shall be disregarded when administering a fine for the next violation. For the purposes of this rule, the following violations shall be considered Tier II violations:

a. Violations that result in a second and any subsequent notice of non-compliance or Tier 1 major violation for the same or similar offense, within a three-year period.

b. The receipt of two or more consecutive inspection reports not meeting requirements.

c. The receipt of an inspection report not meeting inspection requirements, followed by an inspection report meeting inspection requirements, followed by an inspection report not meeting inspection requirements, within a three-year period.

d. Refusal to permit entry or inspection during operating hours as required by Section 500.147, F.S.

e. Operating as a food establishment without a valid food permit, as provided in Section 500.12, F.S.

f. Any violation requiring an Immediate Final Order, as authorized by Chapter 500, F.S.

(11) Willful violations shall result in the imposition of an administrative fine of $5,000 per violation, permit suspension, or permit revocation or any combination thereof. The following shall constitute a willful violation:

(a) The unauthorized breaking, cutting, or removal of any seal or tag applied by the Department.

(b) The sale or distribution, or offering for sale or distribution, of any commodity under stop sale order unless done so within the parameters of a conditional release.

(c) The use of any equipment under stop use order unless done so within the parameters of a conditional release.

(d) Failure to comply with conditions stipulated in a release of a stop sale, and/or stop use order.

(e) The intentional introduction of adulterated or misbranded products into commerce.

(f) The failure to comply with either a Final Order, Immediate Final Order, or a Default Final Order of the Department.

(g) Operating a food establishment that has been deemed an imminent threat to the public health, safety, and welfare by the Department for failure to comply with Chapter 500, F.S., and this rule chapter.

(h) The falsification of any records required under Chapter 500, F.S., and this rule chapter.

(12) Resolution Of Violations, Settlement, And Additional Enforcement Remedies.

(a) The Department and person(s) charged with a violation may agree to resolve violations prior to an administrative hearing or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule chapter shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or 500, F.S.

(b) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The Department shall impose administrative fines in a Default Final Order equal to the maximum amount possible, not to exceed $5,000 per violation.

(c) A violator’s failure to comply with either a Final Order or a Default Final Order of the Department shall result in additional enforcement actions as authorized by law.

(d) Fines resulting from multiple violations or Final Orders shall be assessed cumulatively.

History

• Rulemaking Authority 500.09, 500.12, 570.07(23) FS. Law Implemented 500.04, 500.09, 500.121, 500.171, 500.172, 500.173, 500.174, 500.177 FS. History–New 3-16-20.

Division 5P Division of Food, Nutrition and Wellness

Chapter 5P-1 NUTRITION ASSISTANCE PROGRAMS, GENERALLY

Fla. Admin. Code R. 5P-1.001 Definitions

For the purposes of this chapter and Chapters 5P-2 and 5P-3, F.A.C., the definitions in Section 595.402, F.S., and Sections 7 CFR 210.2, 7 CFR 215.2, 7 CFR 220.2, 7 CFR 225.2, 7 CFR 245.2, 7 CFR 247.1, 7 CFR 248.2, 7 CFR 250.2, 7 CFR 251.3, 7 CFR 252.2, all revised as of January 1, 2025, and hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-19048, and by email request to the department at InfoFNW@fdacs.gov, and the following shall apply:

(1) “School Nutrition Programs” mean the National School Lunch Program, School Breakfast Program, Afterschool Snack Program, and Fresh Fruit and Vegetable Program.

(2) “Summer Nutrition Programs” mean the Summer Food Service Program and the Seamless Summer Option.

(3) “Child Nutrition Programs” mean all programs included in School Nutrition Programs and Summer Nutrition Programs.

(4) “Supplemental Food Programs” means the Commodity Supplement Food Program, Child Nutrition USDA Foods Program, USDA Foods Processing Program, The Emergency Food Assistance Program, and the Department of Defense Fresh Fruit and Vegetable Program.

(5) “Administrative Review” means the off-site and onsite evaluation of each Sponsor participating in Child Nutrition Programs.

(6) “Alternative Point of Service” means meal counts taken anywhere other than the Point of Service, such as the beginning of the service line.

(7) “April Data” means information submitted annually by the Sponsor to the department including the total number of children enrolled and the percentage of Directly Certified children as of the first day of April.

(8) “Child Nutrition USDA Foods Program” means a program that coordinates the distribution of USDA Foods to Sponsors participating in the School Nutrition Programs and Summer Nutrition Programs.

(9) “Claim for Reimbursement” means the claim submitted to the department monthly by a Sponsor for reimbursement for meals served under Child Nutrition Programs.

(10) “Commodity Supplemental Food Program” means a program that coordinates the distribution of USDA Foods to income-eligible elderly persons at least 60 years of age.

(11) “Contractor” means a for-profit commercial entity, public or nonprofit private organization or individual that enters into a contract with a Sponsor to provide goods or services for Child Nutrition Programs.

(12) “Corrective Action Plan” means a written plan developed by a Sponsor or Recipient Agency, with the assistance and concurrence of the department, to define actions to be taken to correct program deficiencies identified as part of a Sponsor’s Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.

(13) “Department” means the Department of Agriculture and Consumer Services.

(14) “Department of Defense Fresh Fruit and Vegetable Program” means a program that allows Sponsors to redirect financial allowances from USDA Foods to fresh produce procured by the Department of Defense.

(15) “Direct Certification” or “Directly Certified” means the process by which a child establishes eligibility for free school meals based on information obtained directly from other state agencies, local agencies, or authorized representatives that certifies the child is a member of a household receiving assistance under the SNAP; is a member of a household receiving assistance under the TANF program; or a Foster child, a Homeless child, a Migrant child, a Head Start child or a Runaway child.

(16) “Farmers’ Market” means a fixed location where two or more farmers sell their own agricultural products directly to the general public, which includes fruits and vegetables, meat, fish, poultry, dairy products, and grains.

(17) “Farmers’ Market Nutrition Program” (FMNP) means a program in association with the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), that provides fresh fruits and vegetables to WIC participants and works to expand the awareness, use of, and sales at farmers’ markets. The FMNP benefit is provided to participants electronically and is referred to as “e-FMNP.”

(18) “Food and Nutrition Service (FNS)” means the federal agency within the United States Department of Agriculture (USDA) responsible for administering Child Nutrition Programs at the national level.

(19) “Foster Child” means a child who is formally placed by a court or the Florida Department of Children and Families into foster care as defined in Section 39.01(29), F.S. It does not include a child in an informal arrangement or permanent guardianship placements that may exist outside of state or court based systems.

(20) “Head Start Child” means a child enrolled as a participant in the Federal Head Start program or any state-funded pre-kindergarten program that uses eligibility criteria that are identical or more stringent than Federal Head Start.

(21) “Homeless Child” means a child who is identified by the local educational agency’s homeless liaison or by an official of a homeless shelter as lacking a fixed, regular and adequate nighttime residence.

(22) “Inventory Reconciliation” means the annual physical review by the department of USDA Foods inventories at all storage facilities used by a Recipient Agency reconciled with book inventories of USDA Foods.

(23) “Materially Failed” means either the Sponsor disregarded Child Nutrition Program requirements on more than one occasion or failed to correct violations of Child Nutrition Program requirements.

(24) “Migrant Child” means a child enrolled in the Migrant Education Program as determined by the state or local Migrant Education Program coordinator.

(25) “Net Cash Resources” means all monies which are available to or have accrued to the Nonprofit School Food Service Account at any given time, less cash payable. Such monies may include cash on hand, cash receivable, earnings on investments, cash on deposit and the value of stocks, bonds or other negotiable securities.

(26) “Nonprofit Food Service Account” means the account in which all revenue from all food service operations conducted by the Sponsor is held and all revenue is used solely for the operation or improvement of such food services.

(27) Notice of Action means the written document that advises of the grounds upon which the department based the action.

(28) “October Data” means data submitted annually by the Sponsor to the department including the total number of children enrolled and the number of children eligible for free and reduced price meals at each Sponsor as of the last day of operation in October.

(29) “Organizational Conflicts of Interest” means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

(30) “Point of Service” means that point in the food service operation where a determination can accurately be made that a reimbursable free, reduced price or paid meal has been served to an eligible child.

(31) “Production” and “Menu Records” means records of meals produced to show how the meals offered contribute to the required food components and food quantities for each age/grade group every day.

(32) “Prospective Sponsor” means an organization applying to be a Sponsor of one or more Child Nutrition Programs.

(33) “Recipient Agency” means an agency or organization that receives USDA Foods for distribution to eligible persons or for use in meals provided to eligible persons, in accordance with agreements with a distributing or subdistributing agency, as defined in 7 CFR 250.2, or with another Recipient Agency.

(34) “Recipient Agency Review” means an on-site review of the Recipient Agency when the department identifies actual or probable deficiencies in the use of USDA Foods by such institutions, through audits, investigations, complaints, or any other information; storage facilities at the distributing agency level (including commercial storage facilities under contract with the distributing or sub-distributing agency), on an annual basis; or Recipient Agencies and sub-distributing agencies in Commodity Supplemental Food Program and The Emergency Food Assistance Program.

(35) “Runaway Child” means a child identified by the local educational agency’s homeless liaison as a runaway receiving assistance under a program under the Runaway and Homeless Youth Act.

(36) “Seamless Summer Option” means the non-profit food service program that provides school-aged children access to free meals when school is not in session and is operated by a Sponsor that also implements the National School Lunch Program.

(37) “Service Period” means the time designated by the Sponsor for the service of breakfast, lunch or snacks.

(38) “Site” means a physical location at which a Sponsor provides a food service for children and at which children consume meals in a supervised setting within the Summer Food Service Program or Seamless Summer Option.

(39) “Site Review” means a review of the food service site, conducted by the department, to ensure compliance with relative Federal Regulations, Florida Statutes, and Florida Administrative Code related to the operation of Child Nutrition Programs.

(40) “Site Visit” means a review of the food service site, conducted by the Sponsor, to ensure compliance with relative Federal Regulations, Florida Statutes, and Florida Administrative Code related to the operation of Child Nutrition Programs.

(41) “SNAP” means the Supplemental Nutrition Assistance Program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

(42) “Sponsor” means any entity that is conducting a program under a current Child Nutrition Program agreement with the department.

(43) “Summer Food Service Program” means the non-profit food service program operated by an eligible Sponsor to provide school-aged children access to free meals when school is not in session.

(44) “TANF” means the Temporary Assistance for Needy Families program under part A of title IV of the Social Security Act (42 U.S.C. 621 et seq.).

(45) “The Emergency Food Assistance Program” means a program that supplements the diets of income-eligible persons by providing USDA Foods via Recipient Agencies.

(46) “USDA” means the United States Department of Agriculture.

(47) “USDA Foods” means foods donated or available for donation by the USDA under the Supplemental Food Programs.

(48) “USDA Foods Processing Program” means a program that allows for the conversion of raw bulk USDA Foods into a ready-to-use end product.

(49) “Verification” means confirmation of eligibility for free or reduced price benefits under the School Nutrition Programs.

(50) “The Web-Based Supply Chain Management (WBSCM)” means an integrated food purchasing, tracking, and ordering system used by USDA and its customers, vendors, suppliers, and transportation personnel.

History

• Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS. Law Implemented 595.402, 595.404 FS. History–New 4-19-73, Repromulgated 12-5-74, Formerly 6A-7.40, Amended 5-3-88, Formerly 6A-7.040, Amended 6-21-18, 12-16-18, 9-5-23, 6-16-26.

Fla. Admin. Code R. 5P-1.002 Appeals

(1) Section 595.404, F.S., exempts the department from Sections 120.569, 120.57-120.595, and 120.68, F.S. Therefore, parties seeking administrative review of proposed agency action by the department shall follow the rules outlined herein.

(2) The department shall take agency action against Sponsors, Recipient Agencies, or Food Service Management Companies in connection to eligibility and the operation of Child Nutrition Programs, Supplemental Food Programs, and Farmers’ Market Nutrition Programs by issuance of a Notice of Action. The Notice of Action shall state the grounds upon which the department’s agency action is based and state that the Sponsors, Recipient Agencies, or Food Service Management Companies have the right to appeal the agency action. The Notice of Action shall be sent by certified mail (or its equivalent), by email or facsimile to the mailing address, facsimile number, or email address provided by the Sponsor in the department’s Florida Automated Nutrition System (FANS), except as provided in paragraph 5P-1.004(2)(c), F.A.C. If the notice is undeliverable, it is considered to be received by the Sponsor five (5) calendar days after being sent to the Sponsor.

(3) The following agency actions are appealable:

(a) A denial of an application for participation;

(b) A denial of a Sponsor’s request for an advance payment;

(c) A denial of a Sponsor’s claim for reimbursement (except for late submission under 7 CFR 225.9(d)(6));

(d) The department’s refusal to forward to FNS an exception request by the Sponsor for payment of a late claim or a request for an upward adjustment to a claim;

(e) A claim against a Sponsor or Recipient Agency for remittance of a payment;

(f) The termination of the Sponsor, Recipient Agency, or a Site;

(g) A denial of a Sponsor’s application for a Site; or

(h) The imposition of an administrative fine.

(4) Requests for appeal must be postmarked by the U.S. Postal Service (or an equivalent private delivery service) or emailed to the department no more than fourteen (14) calendar days from the date the Notice of Action was deemed received by the Sponsors, Recipient Agencies or Food Service Management Companies. Failure to timely request an appeal shall result in the entry of a default final determination.

(5) A request for appeal shall:

(a) Be in writing;

(b) Include the date the Sponsor’s Recipient Agencies, or Food Service Management Companies (“Appellant”) received the Notice of Action;

(c) Include the name, address, any email address, any facsimile number, and telephone number of the Appellant;

(d) Clearly identify the charges or action being appealed and state an appealable action; as provided under subsection (3) in this part;

(e) Include a clear and concise statement of the specific facts the Appellant contends warrant reversal or modification of the department’s proposed action;

(f) A statement of the specific rules, statutes, or regulations, if any, the Appellant contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules, statutes, or regulations;

(g) Include a statement of the relief sought by the Appellant;

(h) Include a copy of the Notice of Action issued; and,

(i) State whether an in-person hearing, telephonic or video hearing, or a review of written documentation is desired to refute the charges contained in the Notice of Action and shall be signed by the authorized representative or legal counsel, if retained. If a hearing is not specifically requested, the appeal shall be by review of written documentation.

(6) From the date the department receives the appeal, the department shall make available to the Appellant upon request, any information on which the action was based.

(7) To refute the Notice of Action the Appellant may submit written documentation for review by the hearing official either with the request for appeal or the Appellant must indicate in its request for appeal that such documentation will be submitted to the hearing official within seven (7) calendar days of the date Appellant submitted the request for appeal.

(a) The written documentation submitted by the Appellant must be postmarked by the U.S. Postal Service (or an equivalent private delivery service) or emailed to the department no more than seven (7) calendar days from the date the Appellant’s request for appeal was postmarked by the U.S. Postal Service (or an equivalent private delivery service) or emailed to the department.

(b) The department will have seven (7) calendar days from the date the department received the Appellant’s request for appeal to submit the written documentation upon which the agency action was based to the designated hearing official.

(c) Any written documentation received after the seven-day deadline shall not be considered for review.

(8) The request for appeal and all written documentation shall be submitted by email to the department at fnwappeals@fdacs.gov, or by mail to the department at 600 S. Calhoun Street (H2), Tallahassee, FL,32399, Attention: Hearing Official. Regardless of whether it is emailed or mailed, the request for appeal must be postmarked by the U.S. Postal Service (or an equivalent private delivery service) or emailed to the department no more than fourteen (14) calendar days from the date the Notice of Action was deemed received by the Appellant, and all written documentation must be postmarked by the U.S. Postal Service (or an equivalent private delivery service) or emailed to the department no more than seven (7) calendar days from the date the request for appeal was postmarked by the U.S. Postal Service (or an equivalent private delivery service) or emailed to the department.

(9) If a hearing is requested, it shall be held within fourteen (14) calendar days of the date the department received the request for appeal, unless otherwise agreed to by both parties. The hearing shall not be held prior to the time expiration for the submission of written documentation by both parties in accordance with subsection (7) of this rule. The Appellant shall be provided with at least five (5) calendar days’ written notice, sent via certified mail, return receipt requested, of the time and place of the hearing. The hearing official shall conduct the hearing in accordance with this rule.

(a) If a hearing is requested, the Appellant shall appear before the hearing official and provide oral testimony in refute of the grounds for which the department’s Notice of Action is based. Any documentation the Appellant relies upon during the hearing shall be related to or in connection with the department’s Notice of Action and submitted in accordance with subsection (7) of this rule. The hearing official may conduct an examination of the testimony provided by the Appellant or its representative at the hearing. The Appellant may represent itself, retain legal counsel, or may be represented by another person at the hearing. Failure of the Appellant’s representative to appear at a scheduled hearing shall constitute the waiver of the right to a personal appearance before the hearing official unless the review official agrees to reschedule the hearing.

(b) A department representative shall be allowed to attend the hearing to respond to the Appellant’s testimony and written documentation and to answer questions from the hearing official. The department representative shall be allowed to answer direct questions from the Appellant to clarify the representative’s response to testimony.

(c) Post-hearing. Briefs, legal memoranda and proposed final determinations will not be permitted. Written documentation shall be submitted in accordance with subsections 5P-1.002(7) through (8), F.A.C.

(10) The hearing official shall be a department employee who is independent of the original decision-making process that led to the proposed agency action.

(11) The department shall record the hearing through a sound or video recording device.

(12) The hearing official shall issue a Final Determination based on a full review of the information provided by both parties and on applicable program regulations within five (5) business days after the hearing or receipt of written documentation if no hearing is held for claims arising under the Summer Food Service Program, and within fifteen (15) calendar days after the hearing or receipt of written documentation if no hearing is held for claims arising under all other programs. The Final Determination shall be sent to the Appellant via certified mail, return receipt requested.

(13) When computing time under this rule, if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. Any request for appeal or written documentation received by the department by email, U.S. mail, or an equivalent private delivery service before 5:00 p.m. shall be filed as of that day but any document received after 5:00 p.m. shall be filed as of 8:00 a.m. on the next business day.

(14) The actions of the department remain in effect during the appeal process. The Appellant may continue to operate the program during an appeal of termination, and if the appeal results in overturning the action of the department, reimbursement shall be paid for meals served during the appeal process. Such continued program operation shall not be allowed if the action of the department is based on imminent dangers to the health or welfare of children. If the Appellant has been terminated for this reason, the department shall so specify in its Notice of Action.

(15) The determination made by the department’s hearing official is the final administrative determination to be afforded to the Appellant.

History

• Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS. Law Implemented 595.404 FS. History–New 3-22-66, 4-11-70, 4-19-73, Repromulgated 12-5-74, Amended 6-28-83, Formerly 6A-7.41, 6A-7.040, Amended 6-21-18, 12-16-18, 9-5-23, 6-16-26.

Fla. Admin. Code R. 5P-1.003 Responsibilities for the School Food Service Program

History

• Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS. Law Implemented 595.404 FS. History–New 3-26-66, Amended 4-17-72, 4-19-73, 10-20-73, 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81, 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7.42, Amended 5-3-88, 5-16-90, 6-30-92, Formerly 6A-7.042, Amended 10-11-99, 1-25-00, Formerly 6-7.042, 6A-7.0411, Amended 9-24-14, 6-21-18, Transferred to 5P-2.002.

Fla. Admin. Code R. 5P-1.004 Penalties and Sanctions

(1) Child Nutrition Programs and Supplemental Food Programs.

(a) Seriously Deficient.

1. A Sponsor or Recipient Agency, and its principals, including their board members, corporate officials, and the officials identified on the Sponsor or Recipient Agency’s application in the Florida Automated Nutrition System or other documentation available to the department, shall be declared by the department as Seriously Deficient if:

a. The Sponsor or Recipient Agency fails to comply with provisions outlined in the Child Nutrition Programs Agreement FDACS-01716, Rev. 09/25, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-19049, and by email request to the department at InfoFNW@fdacs.gov;

b. The Sponsor or Recipient Agency has failed to submit or implement a Corrective Action included in a previously issued Administrative Review, Claim Review, Sponsor Review, Site Review, Site Visit, Technical Assistance, Recipient Agency Review, Inventory Reconciliation, or any other review or visit by the department;

c. The Sponsor or Recipient Agency is noncompliant with applicable procurement procedures and/or contract requirements of 2 CFR 200, incorporated by reference in Rule 5P-2.001, F.A.C., except where there is a conflict of interest, the Sponsor or Recipient Agency will be terminated as provided in subparagraph (1)(b)5. of this rule;

d. If the Sponsor failed to return to the department any start-up, advance, or improper payments which exceeded the amount earned for serving meals in accordance with Section 7 CFR 225.16, incorporated by reference in Rule 5P-3.001, F.A.C.;

e. Failure to submit two or more Claims for Reimbursement in any program year, provided these claims for reimbursement are not under dispute;

f. Noncompliance with the meal service time restrictions set forth in Sections 7 CFR 210.10(l)(1)-(2), incorporated by reference in Rule 5P-2.001, F.A.C., or 7 CFR 225.16(c), incorporated by reference in Rule 5P-3.001, F.A.C.;

g. Failure to maintain and/or provide to the department program records in accordance with Section 2 CFR 200, or Sections 7 CFR 210.15, 7 CFR 220.7(e)(13), 7 CFR 220.8(a)(3), 7 CFR 220.9(a), incorporated by reference in Rule 5P-2.001, F.A.C., or 7 CFR 225.15(c), incorporated by reference in Rule 5P-3.001, F.A.C., by the due date provided by the department;

h. Failure to adjust meal orders to conform to variations in the number of participants at fifty percent (50%) or more sites reviewed;

i. For congregate meal service operations, the simultaneous service of more than one meal to any participant;

j. The claiming of Program payments for meals not served to participants;

k. Service of fifty percent (50%) of meals or greater which did not include required quantities of all meal components;

l. For congregate meal service operations, off-site meal consumption occurs for fifty percent (50%) or greater of participants;

m. For non-congregate meal service operations, distributing more than the daily meal limit when multi-day service is used;

n. The Sponsor or Recipient Agency has notice of a Stop-Sale Order issued by the department, the Florida Department of Health, or the Department of Business and Professional Regulations to a Food Service Management Company that has yet to be lifted and the Sponsor or Recipient Agency continues to obtain foods from the Food Service Management Company;

o. The Recipient Agency distributes USDA Foods or related funds to a Sub-Distributing Agency without an executed agreement;

p. The Sponsor or Recipient Agency has failed to safely store and control ten percent (10%) or $10,000, whichever is greater, of USDA Foods including, but not limited to, improper distribution or foods lost, spoiled, stolen, sold or damaged as a result of improper storage, care, or handling;

q. The Recipient Agency failed to publicly notice dates of distribution at ten percent (10%) of sites or ten (10) sites, whichever is greater; or

r. The Sponsor’s or Recipient Agency’s tax exempt status is revoked by the Internal Revenue Service pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 also resulting in immediate termination per subparagraph 5P-1.004(1)(b)4., F.A.C.

2. The department will notify the Sponsor or Recipient Agency in a Notice of Action via email that the Sponsor or Recipient Agency has been declared Seriously Deficient, the causes for Seriously Deficient status, and the required Corrective Actions to bring the Sponsor back into compliance with chapter 595, F.S., and the rules adopted thereunder. The Sponsor or Recipient Agency will have thirty (30) days from the date it receives the Notice of Action to submit a corrective action plan with supporting documentation to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399.

a. The corrective action plan must include:

I. Each identified program deficiency;

II. The corrective action required;

III. The timeframe by which the corrective action will be, or was completed; and

IV. Documentation to demonstrate corrective action was completed as prescribed in the Administrative Review Report.

b. Upon receipt of the Sponsor or Recipient Agency’s corrective action plan, the department shall determine if the corrective action plan permanently corrects all causes for being declared Seriously Deficient and implements the required Corrective Actions. If the corrective action plan permanently corrects all causes for being declared Seriously Deficient and implements the required Corrective Actions, the department will temporarily rescind the Sponsor’s or Recipient Agency’s Seriously Deficient status and the Sponsor or Recipient Agency may continue to operate the program.

c. If after thirty (30) days from the date of receipt for the Notice of Action, the Sponsor or Recipient Agency fails to submit the corrective action plan that permanently corrects all causes for being declared Seriously Deficient and implement the required Corrective Actions, the department shall move to terminate the Sponsor or Recipient Agency under paragraph (b) of this rule.

(b) Termination.

1. If the Sponsor or Recipient Agency has failed to submit a corrective action plan with supporting documentation that permanently corrects all causes for being declared Seriously Deficient and implement the required Corrective Actions, or meet all requirements of its repayment schedule agreement, the Sponsor or Recipient Agency will be terminated from the program for seven (7) years.

2. If any Sponsor or Recipient Agency commits a Child Nutrition Programs or Supplemental Food Programs violation involving fraud, the Sponsor or Recipient Agency will be immediately terminated for seven (7) years. For purposes of this rule, fraud includes:

a. Intentionally making false or misleading statements, orally or in writing or the intentional submission of false or misleading information to the department;

b. Withholding information pertaining to eligibility;

c. Selling commodities obtained in Supplemental Food Programs, or exchanging them for non-food items; or

d. Distributing or permitting the distribution of unrelated program materials or conducting unrelated activities at a food distribution site in a manner inconsistent with the provisions of 7 CFR 251.12, revised as of January 1, 2025, and which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-19050, and by email request to the department at InfoFNW@fdacs.gov.

3. After seven (7) years, the Sponsor or Recipient Agency may reapply for any Child Nutrition or Supplemental Food Programs. When reapplying, the Sponsor or Recipient Agency must meet all federal and state requirements.

4. A Sponsor whose tax-exempt status is revoked by the Internal Revenue Service (IRS) pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 shall be terminated from a Child Nutrition Program until such time as the Sponsor’s tax-exempt status is reinstated by the IRS and documentation is provided by the Sponsor showing the effective date of exemption.

5. A Sponsor or Recipient Agency that has an organizational conflict of interest or is unable, or appears to be unable, to be impartial in conducting a procurement action involving a related organization, or a Sponsor or Recipient Agency or an employee, officer, or agent of the Sponsor or Recipient Agency that has a real or apparent conflict of interest in the selection, award, or administration of a purchase or contract shall be terminated.

6. Any Sponsor, including employees, officers, or agents of the Sponsor, terminated from any other State or federal program shall also be terminated from Child Nutrition Programs.

7. While terminated, Sponsors or Recipient Agencies, and its principals, including their board members, corporate officials, and the officials identified on the Sponsor or Recipient Agency’s application in the Florida Automated Nutrition System at the time of the conduct resulting in the termination shall not participate in any Child Nutrition or Supplemental Food Programs, to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(2) Farmers’ Market Nutrition Programs.

(a) This rule sets forth the guidelines the department will follow in imposing the penalties for violations of the Farmer’s Market Nutrition Programs (FMNP) as authorized under, and in accordance with, 7 CFR 248.10, revised as of January 1, 2025, which is adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-19051, and by email request to the department at InfoFNW@fdacs.gov, and section 595.501, F.S.

(b) Penalties. Farmers identified by the department as having violated FMNP requirements will be sanctioned in accordance with the following guidelines:

1. Class I violations shall result in technical assistance from the department. Class I violations include failure to display the “We gladly accept e-FMNP here” sign; failure to clearly mark or post current prices, including sale prices, either on the authorized food items or on a sign immediately next to or in front of the items; failure to use the appropriate market for each transaction; failure to clearly identify produce which is eligible to be paid for with e-FMNP benefits.

2. Class II violations shall result in a notice of non-compliance. Class II violations include accepting e-FMNP benefits after the valid redemption period indicated on the e-FMNP benefits; charging for food items not received, such as the issuance of a rain check; accepting e-FMNP benefits at an unauthorized location; failure to provide only local grown, authorized produce in exchange for e-FMNP benefits; failure to accept valid e-FMNP benefits for the purchase of eligible produce; and two or more Class I violations.

3. Class III violations shall result in a one-year suspension from FMNP. Class III violations include accepting e-FMNP benefits on which the recipient’s name or valid redemption period has been changed; failure to provide e-FMNP authorized produce to recipients at the same price posted or charged to other recipients; returning cash or currency to a recipient in an e-FMNP benefits transaction; collecting sales tax for authorized produce purchased with e-FMNP benefits; exchanging e-FMNP benefits for cash or anything of value other than e-FMNP authorized produce, including e-FMNP benefits that were accepted by an unauthorized, suspended, or disqualified farmer; failure to adhere to monitoring and compliance requirements; knowingly providing false information or claiming a false status to the department to obtain a program agreement; verified findings of civil rights discrimination; and two or more Class II violations.

4. Class IV violations shall result in a three-year suspension from the FMNP. Class IV violations include seeking restitution from a recipient, co-caretaker or proxy for e-FMNP benefits not paid for by the department; harassment of, or hostile conduct towards, a WIC recipient, FMNP authorized farmers, or FMNP or department employees; and two or more Class III violations.

(c) Farmers shall be notified by the department of any adverse action for a FMNP violation in a Notice of Action issued to the farmer’s last known email address. Farmers shall utilize the appeal procedures provided in Rule 5P-1.002, F.A.C., of this rule chapter, if an appeal is desired. In addition to administrative action, the department is authorized to utilize all other available remedies permitted by law.

(d) All complaints of discrimination received by the department will be immediately forwarded to the USDA for investigation.

History

• Rulemaking Authority 570.07(23), 595.404(4), (10), (11) FS. Law Implemented 595.404, 595.501, 570.971, 1001.42(16) FS. History–New 9-5-77, Amended 9-6-78, 10-17-78, 10-23-79, 1-7-81, 8-12-81, 4-27-82, 6-28-83, Formerly 6A-7.421, 6A-7.0421, Amended 6-21-18, 12-16-18, 9-5-23, 6-16-26.

Fla. Admin. Code R. 5P-1.005 Supervision and Administration

History

• Rulemaking Authority 1006.06(2) FS. Law Implemented 1006.06, 1006.0605, 1006.0606 FS. History–New 3-26-66, Amended 4-11-70, 4-19-73, Repromulgated 12-5-74, Amended 7-28-81, 6-28-83, Formerly 6A-7.45, 6A-7.045, Repealed 6-21-18.

Chapter 5P-2 SCHOOL NUTRITION PROGRAMS

Fla. Admin. Code R. 5P-2.001 Program Participation

Each School Food Authority, as defined in 7 CFR 210.2, participating in or applying to participate in a School Nutrition Program, as defined in subsection 5P-1.001(1), F.A.C., and each participating Sponsor, must meet the applicable standards established by the United States Department of Agriculture as provided in 2 CFR 200, 7 CFR 15, 15a, 15b, 16, 7 CFR 210, 7 CFR 220, 7 CFR 245 and 7 CFR 250, all revised as of January 1, 2022, and which are hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15737, and by email request to the Department at InfoFNW@fdacs.gov, chapter 595, Florida Statutes, and this rule chapter. A School Food Authority participating in the Summer Food Service Program, as defined in Rule 5P-1.001, F.A.C., must also comply with the standards provided in 7 CFR 225 as incorporated in Rule 5P-3.001, F.A.C.

(1) School Nutrition Program Application. An official of a School Food Authority must submit to the Department a complete application online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “School Nutrition Programs Application”, FDACS-01951 Rev. 05/23, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15738, and by email request to the Department at InfoFNW@fdacs.gov.

(a) For the purposes of the School Nutrition Programs, a complete application must provide all the information requested on the application form, and the Sponsor must ensure any changes to that information is provided to the Department, including:

1. School Food Authority Information;

2. A listing of Sponsor Officials;

3. Policy Information;

4. Residential Child Care Institution Information as applicable;

5. Procurement Procedures;

6. Civil Rights Information;

7. School Information for at least one school and school information for any additional schools to be submitted to the Department for approval any time prior to program operation; and

8. A certification statement signed by an official of the School Food Authority.

(b) Applications to participate in the School Nutrition Programs cover the period of July 1 through June 30, annually. The Department recommends School Food Authorities who submit applications between March 1 and June 30 consider applying for the following school year.

(c) If a School Food Authority did not participate in the School Nutrition Programs in the year prior to the current year, the School Food Authority must complete the School Nutrition Program training offered by the Department with eighty (80) percent accuracy or higher prior to being considered for approval for participation. The Department will provide technical assistance to a School Food Authority that fails to meet the eighty (80) percent accuracy threshold. Opportunities to complete the School Nutrition Program training will be offered year-round.

(2) Eligibility. Eligibility to participate in the School Nutrition Programs will be determined annually through the application process as provided by law for each program.

(a) Any school in which a School Food Authority desires to operate a School Nutrition Program must meet the definition of “school” as defined in 7 CFR 210.2, and as further defined in FNS Instruction 776-7, Rev. 1, Form FNS-620 (10/81), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15739, and by email request to the Department at InfoFNW@fdacs.gov.

(b) A School Food Authority may not operate a School Nutrition Program in a school that is governed by a different local educational agency unless a contractual agreement exists between the School Food Authority and the local educational agency and has been approved in writing by the United States Department of Agriculture, Food and Nutrition Services.

(c) For the purposes of this rule, a public or private nonprofit authority has been legally constituted to perform a service function for schools if it is an educational service agency as defined in 20 U.S.C. § 7801(18), as amended on December 10, 2015, and which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15740, and by email request to the Department at InfoFNW@fdacs.gov, or a consortium of those agencies or it is a regional consortium service organization as defined in section 1001.451, F.S.

(d) For the purposes of the School Nutrition Programs, nonprofit private schools participating in or applying to participate in the School Nutrition Programs must be exempt from income tax under section 501(c)(3) of the Internal Revenue Code of 1986 as required by 7 CFR 210.2.

1. A nonprofit private school claiming exempt status through affiliation with a church or religious organization that is not required to make application to the Internal Revenue Service for recognition of its status to be tax-exempt must:

a. Provide to the Department a group exemption letter from the Internal Revenue Service that demonstrates its relationship to the church or religious organization pursuant to Revenue Procedure 80-27, 1980-1 C.B. 677, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15741, and by email request to the Department at InfoFNW@fdacs.gov; or

b. Establish that it is affiliated by providing documentation to the Department that demonstrates the school is operated, supervised, or controlled by or in connection with the church, a convention or association of churches, or religious organization as defined in 26 CFR 1.509(a)-4, revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15742, and by email request to the Department at InfoFNW@fdacs.gov; or

c. Provide information to the Department demonstrating that it is otherwise affiliated with the church or religious organization based upon relevant facts and circumstances as specified in 26 CFR 1.6033-2(h)(3), revised as of April 1, 2020, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15743, and by email request to the Department at InfoFNW@fdacs.gov.

2. A nonprofit private school claiming exempt status as a unit affiliated with and under the general supervision or control of another tax-exempt organization must also provide to the Department a group exemption letter from the Internal Revenue Service that demonstrates its relationship to the tax-exempt organization pursuant to Revenue Procedure 80-27, 1980-1 C.B. 677.

(3) Afterschool Snack Program. School Food Authorities are eligible to participate in the Afterschool Snack Program if they are a current Sponsor in a School Nutrition Program.

(4) Agreement. Each School Food Authority approved to participate in the School Nutrition Program must enter into a written agreement with the Department, using the form entitled “Child Nutrition Programs Agreement”, FDACS-01716 Rev. 06/23, incorporated in Rule 5P-1.004, F.A.C.

(5) Non-Profit School Food Service Account. School Food Authorities must establish and maintain a financial management system that accounts for all revenues and expenditures of their nonprofit school food service in accordance with 7 CFR 210.19(a)(1), to include:

(a) A separate financial institution account for School Nutrition Program funds where all income and expenses must be for the benefit of the School Nutrition Programs; or

(b) The use of balance sheet account numbers and fund and expenditure account numbers for organizations subject to the Financial and Program Cost Accounting and Reporting for Florida Schools (2021) Manual, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-15744, and by email request to the Department at InfoFNW@fdacs.gov, to indicate what income and expenses are for the benefit of the School Nutrition Program if the account is used for other Child Nutrition Programs as defined in Rule 5P-1.001(3), F.A.C.

(6) Delinquent Sponsors. Sponsors that have outstanding debt owed to the Department for a previous fiscal action and have not agreed upon a satisfactory repayment schedule with the Department are not eligible to participate in the School Nutrition Programs and will be declared Seriously Deficient and terminated from the School Nutrition Program in accordance with Rules 5P-2.006(3)(d), F.A.C., and 5P-1.004(1)(a), F.A.C., as applicable. While terminated, Sponsors and its principals, including their board members, corporate officials and the officials identified on the Sponsor’s application in the Florida Automated Nutrition System at the time of the conduct leading to the termination, shall not participate in any Child Nutrition or Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(7) Seriously Deficient Sponsors. Sponsors that were declared Seriously Deficient pursuant to paragraph 5P-1.004(1)(a), F.A.C. in the year prior to the current year must meet all eligibility requirements in this rule chapter, and must submit an application pursuant to paragraph 5P-2.001(1)(b), F.A.C.

(8) Terminated Sponsors. Sponsors that have been terminated from a School Nutrition Program must meet all eligibility requirements in this rule chapter and submit an application pursuant to paragraph 5P-2.001(1)(b), F.A.C. to participate in School Nutrition Programs after the termination expires. While terminated, Sponsors and its principals, including their board members and corporate officials, and the officials identified on the Sponsor application in the Florida Automated Nutrition System at the time of the conduct leading to the termination shall not participate in any Child Nutrition or Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), 595.404(11) FS. Law Implemented 595.404 FS. History-New 9-5-23.

Fla. Admin. Code R. 5P-2.002 Program Responsibilities

(1) Meal Service Times. School Nutrition Program lunches must be served in accordance with the timing requirements specified in 7 CFR 210.10(l)(1), incorporated in Rule 5P-2.001, F.A.C. Schools must offer breakfasts meeting the requirements of 7 CFR 220.8(l)(1), incorporated in Rule 5P-2.001, F.A.C., at or near the beginning of the school day. Schools must provide sufficient meal periods that are long enough to give all students time to be served and to eat their meals.

(2) Break Out Meal Service. Sponsors must obtain prior approval from the Department to serve lunch to children ages 1 through 4 over two service periods. To obtain approval from the Department, a Sponsor must submit a request in writing online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Request to Break Out Meal Service”, FDACS-01950 12/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15745, and by email request to the Department at InfoFNW@fdacs.gov. Requests must be received by the Department at least fourteen (14) calendar days prior to the requested date the two service periods are to take effect. The Department will approve a Sponsor to serve lunch to children ages 1 through 4 over two service periods upon receipt of a completed form providing the information requested therein.

(3) Point of Service. Meal counts must be taken by the Sponsor daily at the point of service in accordance with 7 CFR 210.7(c)(1) through (2), incorporated in Rule 5P-2.001, F.A.C.

(a) Sponsors must obtain prior approval from the Department to implement an alternative point of service. To obtain approval for an alternative point of service, a Sponsor shall submit a request for approval to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Alternative Point of Service Request”, FDACS-01912 Rev. 12/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15746, and by email request to the Department at InfoFNW@fdacs.gov.

(b) The Department will approve a Sponsor’s request for an alternative point of service if the information provided in the request for approval demonstrates the proposed alternative point of service will provide an accurate and reliable count of the number of lunches, by type, served each day, to eligible children as required by 7 CFR 210.7(c)(2).

(4) Competitive Foods. Each Sponsor must control the sale of food and beverage items in competition with the School Nutrition Program in accordance with 7 CFR 210.11, incorporated in Rule 5P-2.001, F.A.C. Competitive food and beverage items sold to students during the school day must meet the nutrition standards for competitive food as defined and required in 7 CFR 210.11.

(a) Each Sponsor is permitted to grant schools a special exemption from the standards for competitive foods as specified above for the purpose of conducting school-sponsored fundraisers, not to exceed the following maximum number of school days per school, each school year:

School Type

Maximum Number of School Days To Conduct Exempted Fundraisers

Elementary Schools

5 days

Middle School/Junior High Schools

10 days

Senior High Schools

15 days

Combination Schools

10 days

Elementary Schools: Schools providing regular or other instruction at one or more grade levels from PK through grade 5. This category includes schools serving grade 6 if also serving one or more grades PK through 5 (e.g., a K-6 school).

Middle/Junior High Schools: Schools providing regular or other instruction in middle school configurations (grades 6-8) and junior high school configurations (grades 7-9). This category also includes schools serving a single grade in the 6-8 range (e.g., a 6th grade center).

Senior High Schools: Schools providing regular or other instruction at one or more grade levels from 9 to 12. This classification includes 9th grade centers.

Combination Schools: Schools providing regular or other instruction in grade groupings that include more than one of the categories described above (e.g., PK-8, 6-12, K-12, etc.).

(b) Unless sold by the Sponsor, competitive food items sold to students during the school day shall not consist of ready-to-eat combination foods, as defined in 7 CFR 210.11, or meat or meat alternate, as defined in 7 CFR 210.10, incorporated in Rule 5P-2.001, F.A.C., or grain products as defined in 7 CFR 210.11.

(c) No school-sponsored fundraisers, which include the sale of food items, will be permitted to occur until thirty (30) minutes after the conclusion of the last designated meal service period. For the purposes of this section, “school-sponsored fundraiser” is defined as any event or activity occurring on school property during which currency, tokens, tickets, or the like are exchanged for the sale or purchase of items or services to benefit the school, a school organization or group, or a charitable organization, and which is authorized according to the Sponsor’s policy and has been approved by the school principal or designee.

(d) Each Sponsor must maintain records for a period of three years following the date of submission of the final claim for reimbursement for the school year documenting the occurrence of any exempted school-sponsored fundraisers to demonstrate compliance with this rule.

(5) Food Service Management Companies. Sponsors may contract with a food service management company to provide food service for one (1) or more schools. The Sponsor must retain responsibility for the program’s operation, administration, supervision and control.

(6) Economically-needy Students. Sponsors must adopt a policy for providing economically-needy students with free and reduced price meals that comply with 7 CFR 210, 7 CFR 220, and 7 CFR 245, incorporated in Rule 5P-2.001, F.A.C.

(7) Direct Certification. All Sponsors, except residential child-care institutions serving only their residents, must utilize Direct Certification to establish children’s eligibility for free school meals as specified in 7 CFR 245.6(b).

(a) All Sponsors must conduct Direct Certification with Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and Medicaid at least three times each school year as scheduled below:

1. Within 30 days of the first day of school for students;

2. Three months after the initial effort; and

3. Six months after the initial effort.

(b) Direct Certification for Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and Medicaid must be conducted using the Florida Direct Certification system online at https://fdc.FDACS.gov, or by requesting the Direct Certification List for specific counties. Requests for access to the Florida Direct Certification system or the Direct Certification List must be submitted online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Direct Certification Report Sponsor Agreement”, FDACS-01804 Rev. 05/23, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15747, and by email request to the Department at InfoFNW@fdacs.gov. Access to the Florida Direct Certification system and the Direct Certification List will be provided to Sponsors upon the Department’s receipt of a completed Direct Certification Agreement.

(8) October Data. All Sponsors must submit October Data, as defined in Rule 5P-1.001, F.A.C., to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “October Data Collection Form”, FDACS-01943 Rev. 12/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15748, and by email request to the Department at InfoFNW@fdacs.gov, no later than November 30 of each year.

(9) Verification. Verification must be conducted in accordance with 7 CFR 245.6a(c). All Sponsors must submit data retrieved during Verification efforts to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “School Food Authority (SFA) Verification Collection Report,” FNS-742 (10/12), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15749, and by email request to the Department at InfoFNW@fdacs.gov, no later than November 30 of each year.

(10) April Data. All Sponsors must submit April Data, as defined in Rule 5P-1.001, F.A.C., to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “April Data Collection Form”, FDACS-01940 Rev. 12/18, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15750, and by email request to the Department at InfoFNW@fdacs.gov, no later than April 10 of each year.

(11) Food Safety Inspections. Each Sponsor must obtain a minimum of two (2) food safety inspections for every school during each school year as required by 7 CFR 210.13(b) and 7 CFR 220.7(a)(2).

(a) The scope of the food safety inspections will vary according to the type of food service operations and shall be determined by the agency responsible for inspections.

(b) Sponsors must report to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, no later than May 15 of each year, the number of food safety inspections completed for all schools operating School Nutrition Programs. If less than two (2) food safety inspections are completed during a school year (July 1 through June 30), the Sponsor must also provide to the Department an explanation of the reasons for failing to meet the requirement.

(12) Indirect Costs. Sponsors must limit the amount of nonprofit school food service account funds allocated annually for food service indirect costs, as defined in 2 CFR 200.1, incorporated by reference in Rule 5P-2.001, F.A.C., to the restricted federal indirect cost rate approved annually by the Florida Department of Education, multiplied by the total nonprofit school food service account expenditures, less expenditures for capital outlay, replacement of equipment, USDA Foods, and cash-in-lieu of donated foods.

(13) Net Cash Resources. The Department will determine the net cash resources for Sponsors that are also school districts from the Annual Financial Report (AFR) filed with the Florida Department of Education annually. All other Sponsors must report net cash resources for the prior fiscal year to the Department by January 1 of each year online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399 using the form entitled “Net Cash Resources Report,” FDACS-01713 Rev. 06/19, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15751, and by email request to the Department at InfoFNW@fdacs.gov.

(a) Sponsors reporting net cash resources in excess of three months’ average expenditures must submit a spending plan, online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Net Cash Resources Spending Plan”, FDACS-02044 Rev. 07/21, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15752, and by email request to the Department at InfoFNW@fdacs.gov. The spending plan must reduce the Sponsor’s nonprofit school food service account to no more than three months’ average expenditures within 60 days of submitting the Net Cash Resources Report or receiving notification from the Department of excess net cash resources.

(b) Should the Sponsor fail to submit a spending plan to the Department as required by paragraph (a), the Sponsor must take one or more of the following actions designed to improve the school food service:

1. Reduce the price children are charged for meals;

2. Improve food quality;

3. Upgrade food service equipment;

4. Develop nutrition education materials and curricula; or

5. Provide additional training of food service personnel.

(c) The actions taken by the Sponsor in accordance with this paragraph must reduce the funds in their nonprofit school food service account to no more than three months’ average expenditures. In the absence of any such action, the Department will make adjustments to the Sponsor’s rate of reimbursement.

(14) Equipment and Capital Expenditures. All equipment and capital expenditures, as defined by 2 CFR 200.1, incorporated by reference in rule 5P-2.001, F.A.C., with a per-unit acquisition cost of $5,000 or more and accruing to a Sponsor’s nonprofit school food service account must be pre-approved by the Department.

(a) Requests for approval of equipment and capital expenditures must be submitted to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399 using the form entitled “Capital Expenditure Pre-Approval Request”, FDACS-02011 Rev. 06/19, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15753, and by email request to the Department at InfoFNW@fdacs.gov.

(b) Any equipment and capital expenditures not meeting the general criteria for allowability as set out in Subpart E – Cost Principles of 2 CFR part 200, incorporated by reference in Rule 5P-2.001, F.A.C., will not be approved by the Department. Revenues received by the nonprofit school food service are to be used only for the operation or improvement of such food service, except that, such revenues shall not be used to purchase land or buildings, unless otherwise approved by the United States Department of Agriculture, Food and Nutrition Service, or to construct buildings.

(c) Any equipment and capital expenditures found on the Capital Equipment Approved Item List, effective March 2019, which is hereby incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15754, and by email request to the Department at InfoFNW@fdacs.gov, do not require submission of a request for approval.

(15) Audit Requirements. Sponsors that expend $750,000 or more during the fiscal year in federal awards must have a single audit conducted for that year in accordance with Subpart F – Audit Requirements of 2 CFR 200.

(a) In determining whether $750,000 in federal awards have been expended, the Sponsor must combine the value of USDA Foods received, as determined by the United States Department of Agriculture (USDA), all reimbursements received for meals served to eligible children as a part of the Summer Food Service Program, if applicable, School Nutrition Programs, and all other federal awards as defined in 2 CFR 200.1.

(b) A copy of the audit report must be submitted to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within nine (9) months after the end of the audit period.

(c) If findings in the audit report related to the School Nutrition Programs require corrective action, the Department will provide notice of required corrective action by email to the Sponsor. The Sponsor will have thirty (30) calendar days from the date of receipt of this notice to provide documentation to the Department of corrective action taken or planned to address each finding. The Notice shall be considered received by the Sponsor five (5) calendar days following the date the notice is emailed by the Department unless an earlier date of receipt is confirmed by the Sponsor.

History

• Rulemaking Authority 570.07(23), 595.404(4), (10) FS. Law Implemented 595.404 FS. History–New 3-26-66, Amended 4-17-72, 4-19-73, 10-20-73, 6-17-74, Repromulgated 12-5-74, Amended 5-4-76, 10-18-77, 12-11-79, 1-7-81, 7-28-81, 9-23-81, 6-28-83, 10-15-84, 7-10-85, Formerly 6A-7.42, Amended 5-3-88, 5-16-90, 6-30-92, Formerly 6A-7.042, Amended 10-11-99, 1-25-00, Formerly 6-7.042, 6A-7.0411, Amended 9-24-14, 6-21-18, Formerly 5P-1.003, 9-5-23.

Fla. Admin. Code R. 5P-2.003 Procurement Standards

(1) Contracts. All Sponsor contracts for goods or services for the School Nutrition Programs must be procured and executed in compliance with the procurement standards outlined in 7 CFR 210.21, 7 CFR 220.16 and 2 CFR 200, incorporated in Rule 5P-2.001, F.A.C.

(a) Pursuant to 7 CFR 210.21(c)(1) and 7 CFR 220.16(c)(1), the Department will conduct a pre-issuance review of each Sponsor’s proposed solicitations and proposed contracts for the procurement of goods and services for a School Nutrition Program, if:

1. The Sponsor is contracting with a food service management company; or

2. The Sponsor has a proposed solicitation or proposed contract that exceeds $50,000 for public and charter school Sponsors or the simplified acquisition threshold identified in 2 CFR 200.88 for all other Sponsors.

(b) In lieu of requesting a competitive solicitation, a Sponsor may make purchases at or below the specified prices from contracts awarded by other Sponsors when the Sponsor that awarded the contract and the Contractor mutually permit purchases by a Sponsor at the same terms, conditions, and prices (or below such prices) awarded in such contract.

1. The purchasing Sponsor must submit the awarded and proposed contracts and written authorization from the Contractor and the Sponsor holding the awarded contract to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, at least seven (7) calendar days prior to execution.

2. Sponsors must conduct a separate procurement to obtain goods and services if the proposed contract results in a material change to the awarding Sponsor’s contract. A change is material if it would cause the Contractor to bid differently, if the prospective change had existed during the original solicitation process, or if the total cost of the change exceeds the thresholds referenced in subparagraph 5P-2.003(1)(a)2., F.A.C.

(c) Noncompetitive Procurement. Noncompetitive procurement of goods and services can only be awarded by a Sponsor if the circumstances in 2 CFR 200.320(c) apply. Noncompetitive agreements shall not be permitted as the underlying agreement in the implementation of the procurement practice described in paragraph 5P-2.003(1)(b), F.A.C. Sponsors desiring to award noncompetitively procured contracts must obtain approval from the Department prior to entering into the agreement. The Department will approve noncompetitively procured contracts under the following circumstances:

1. Emergency Procurement. Noncompetitive procurement may be utilized when a public exigency or emergency will not permit delay resulting from a competitive procurement. The resulting contract may not exceed 12 months in duration and must be non-renewable. When the public exigency or emergency no longer exists, the Sponsor must utilize competitive procurement procedures to establish its contracts.

2. Inadequate Competition. If, after solicitation of a number of sources, competition is determined inadequate, the Sponsor may award a contract by noncompetitive procurement. In such instances, the Sponsor must maintain documentation of its efforts to solicit bids.

(2) Donations. Sponsors may obtain and use donated food items to meet the meal service requirements outlined in 7 CFR 210.10 and 7 CFR 220.8, incorporated in Rule 5P-2.001, F.A.C., for meal service. Documentation required for the use of donated food items must include:

(a) The Sponsor’s name and Sponsor number;

(b) The name of the person or organization donating food items;

(c) The donor’s physical address;

(d) The donor’s phone number;

(e) The donor’s email address;

(f) The food item(s) being donated, including the quantity and size;

(g) The estimated value of donation; and

(h) A statement certifying that:

1. All information provided in the documentation is true;

2. All donated items listed have been received, without compensation, and meet proper sanitation and health standards which conform with all applicable state and local public health requirements;

3. The Sponsor understands the Department may verify the information and request additional documentation such as invoices and receipts of the actual purchases from the donor and that the donor has been informed of such conditions; and

4. The Sponsor understands that if false information regarding donations is purposely provided, the Sponsor will be deemed Seriously Deficient and subject to termination, pursuant to paragraph 5P-1.004(1)(a), F.A.C.

(3) Training. All food service management companies must complete the online food service management company training found at http://FDACS.gov/trainFNW with eighty (80) percent accuracy or higher or attend an in-person food service management company training conducted by the Department prior to entering into an agreement for food services with a Sponsor. Opportunities to complete the online food service management company trainings are offered year-round.

(4) Conflicts of Interest. Sponsors must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts and other procurement actions. Sponsors must disclose in writing any potential conflicts of interest to the Department.

(a) No employee, officer, or agent of the Sponsor may participate in the selection, award, or administration of a contract or purchase supported by School Nutrition Program funds if he or she has a real or apparent conflict of interest.

(b) Such a conflict of interest would arise when the Sponsor’s employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs, or is about to employ, any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

(c) The officers, employees, and agents of the Sponsor may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

(d) The Sponsor’s standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Sponsor.

(e) If the Sponsor has a parent, affiliate, or subsidiary organization that is not a local government or Indian tribe, the Sponsor must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the Sponsor is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

(f) The Sponsor may not award any contract or make any purchase supported by School Nutrition Program funds where the Sponsor or an employee, officer, or agent of the Sponsor has a real, apparent, or organizational conflict of interest.

(g) All costs resulting from purchases or contracts selected or awarded in contradiction of this rule are unallowable nonprofit school food service account expenses.

(h) The Sponsor will be deemed Seriously Deficient and subject to termination, pursuant to paragraph 5P-1.004(1)(a), F.A.C., for failure to make required disclosures of any potential conflicts of interest. Identification of any real or apparent conflicts of interest or organizational conflicts of interest by the Department is cause for termination pursuant to subparagraph 5P-1.004(1)(b)5., F.A.C.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History‒New 8-9-23.

Fla. Admin. Code R. 5P-2.004 Reimbursement Process

(1) Advances. The Department will not advance funds to Sponsors for School Nutrition Programs.

(2) Claims. Claims for Reimbursement shall only be paid to Sponsors operating under a Child Nutrition Programs Agreement, incorporated in Rule 5P-1.004, F.A.C., with the Department except as provided in paragraph (d) of this subsection.

(a) All meals served by a Sponsor must meet meal pattern requirements pursuant to 7 CFR 210.10 and 7 CFR 220.8, incorporated in Rule 5P-2.001, F.A.C., to be eligible for reimbursement payments.

(b) The Sponsor must provide sufficient documentation to support the Claim for Reimbursement when submitted to the Department to be eligible for reimbursement payments. Such documentation must include the number of free, reduced price, and paid meals served to eligible children.

(c) All Claims for Reimbursement must be submitted to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “National School Lunch Program Claim Form”, FDACS-01717 Rev. 12/18, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-15522, and by email request to the Department at InfoFNW@fdacs.gov.

(d) If a School Food Authority has not executed the Child Nutrition Programs Agreement, required in subsection 5P-2.001(4), F.A.C., with the Department prior to beginning program operations, the Department will make reimbursement payments for meals served by the School Food Authority that meet meal pattern requirements specified in 7 CFR 210.10 and CFR 220.8, during the calendar month immediately preceding the calendar month in which the written agreement is executed, absent deficiencies that the Code of Federal Regulations would preclude the Department from making payments.

(3) Claim Reviews. The Department will review each Sponsor’s Claim for Reimbursement on a monthly basis, to ensure that monthly claims are limited to the number of free and reduced-price meals served, by type to eligible children. Sponsors shall correct any Claim for Reimbursement that does not accurately identify the number of meals eligible for reimbursement by making an upward or downward adjustment to the claim.

(4) Submission Dates. Claims for Reimbursement must be postmarked or submitted online to the Department no later than thirty (30) days following the last day of the full month covered by the claim. Adjustments to Claims for Reimbursement must be completed and postmarked or submitted online to the Department within sixty (60) days of the last day of the full month covered by the claim. Upward adjustments to Claims for Reimbursement are limited to two adjustments per claim per Sponsor unless the adjustment results from an Administrative Review or from other federally-required or state-imposed audits.

(5) One-Time Exception. Claims for Reimbursement and any adjustments made to Claims for Reimbursement not filed within the prescribed timeframes set forth in subsection 5P-2.004(4), F.A.C., will not be paid by the Department unless otherwise authorized by USDA’s Food and Nutrition Service (FNS) or the Sponsor requests a one-time exception in accordance with paragraphs (a) and (b) of this subsection.

(a) Sponsors may only request a one-time exception for late submission of Claims for Reimbursement every thirty-six (36) months for all School Nutrition Programs collectively; and

(b) Sponsors must submit a corrective action plan online at https://fans.FDACS.gov or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within thirty (30) calendar days of the request of the one-time exception and the corrective action plan must include:

1. The reason(s) contributing to the late submission of the claim or upward adjustment of the claim;

2. An outline of the corrective action(s) to be taken to avoid future late submissions;

3. A statement of understanding regarding the frequency of one-time exceptions in paragraph (a) of this subsection; and

4. The signature of an authorized Sponsor representative.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(5), 595.404(10) FS. Law Implemented 595.404 FS. History‒New 8-9-23.

Fla. Admin. Code R. 5P-2.005 Administrative Reviews

(1) Administrative Review. The Department will conduct Administrative Reviews of all Sponsors participating in the School Nutrition Programs in accordance with 7 CFR 210.18, incorporated in Rule 5P-2.001, F.A.C., and the 2018-2019 Administrative Review Manual, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15523, and by email request to the Department at InfoFNW@fdacs.gov.

(2) Audits. The Department will include applicable findings from federally-required audit activity or from any state-imposed audit requirements in its Administrative Review to prevent duplication of effort when the audit findings pertain to the reviewed school(s) or the Sponsor’s overall operation of the School Nutrition Program and are relevant to the review period.

(3) Disregard of Overpayment. When conducting Administrative Reviews for any fiscal year, the Department will disregard any overpayment to a Sponsor that does not exceed $600, in accordance with 7 CFR 210.19(d) and 7 CFR 220.15(c), incorporated in Rule 5P-2.001, F.A.C.

(4) School Reviews. The Department will review food service operations at each school included in the Administrative Review. If the Department disallows reimbursement for any meals on the basis outlined in 7 CFR 210.18 or the 2018-2019 Administrative Review Manual, then the Sponsor shall provide documentation showing the disallowed meals were deducted from the Claim for Reimbursement submitted to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, prior to receiving payment for the remainder of the Claim for Reimbursement.

(5) Program Records. The Sponsor must make available to the Department all program records required to demonstrate compliance with program requirements no later than 5:00 p.m. (EST) on the day of the Exit conference. Documentation will not be accepted after the scheduled Exit Conference, except that the Department may grant a one-time extension, per Administrative Review, to extend the timeframe to provide all required program records by seven (7) calendar days upon written request by the Sponsor when extraordinary circumstances arise, such as temporary school closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor’s control.

(6) Claim Validation. During the Administrative Review, Claims for Reimbursement will be validated by verifying the number of meals claimed to have been served. Meals will be verified using a two-part review process that includes reviewing meal counts taken at the point of service and analyzing program invoices and receipts to determine the accurate number of meals eligible for reimbursement based on the amount and types of food purchased by the Sponsor. If the number of meals cannot be validated using the two-part review process, then Sponsor shall provide the following records to the Department as required to demonstrate that such records validate the meal counts submitted with the Claim for Reimbursement:

(a) Beginning and ending inventory for each claim period (month);

(b) Production records for each meal service provided during the claim period;

(c) Receiving reports prepared at sites or wherever food is received from suppliers and signed by receiving personnel (i.e. delivery slips);

(d) Purchase invoices received from food suppliers;

(e) Records of returns, allowances, cash discounts taken, and other credits when they are not reflected on purchase invoices;

(f) Canceled checks or other forms of receipts showing receipt or proof of payment by the Sponsor; and

(g) Records of major inventory adjustments showing the same kinds of information as inventory records.

(h) Sponsors which contract with School Food Authorities or food service management companies to provide all meals, including supplements, must provide billings by site from the School Food Authority or food service management company, less returns, allowances, discounts, and rebates for the meals delivered and evidence that the Sponsor received or paid for the meals.

(7) Review Expansion. The Department will expand the scope of the Administrative Review beyond the one month review period when any of the program violations as specified in sub-subparagraph 5P-1.004(1)(a)1.f., F.A.C., noncompliance with the cost principles identified in 2 CFR 200, Subpart E, incorporated in Rule 5P-2.001, F.A.C., and conflicts of interest as prohibited by subsection 5P-2.003(4), F.A.C. are identified.

(8) Pre-Exit Debrief. Prior to the exit conference, the Department will hold a pre-exit debrief with the Sponsor to discuss the preliminary and tentative program deficiencies that have been identified prior to the completion of the Administrative Review. Program deficiencies preliminarily identified that result in needed corrective action will be addressed during the exit conference. A preliminary and tentative report will be sent via email, not later than the next business day following the Pre-Exit Debrief.

(9) Exit Conference. The Department will hold an exit conference with the Sponsor after the completion of the Administrative Review to discuss overall program operations, any program deficiencies observed, the extent of the program deficiencies, and the actions needed to correct the program deficiencies.

(10) Report. The Department will provide the Sponsor’s Food Service Director and Superintendent (or an equivalent official) with the Administrative Review Report.

(a) The Administrative Review Report will include the program deficiencies observed, the needed corrective actions, the deadlines for completion of the corrective action, and any potential fiscal action.

(b) The Administrative Review Report will be provided within thirty (30) calendar days of the exit conference at the close of the Administrative Review period. The Administrative Review Report will be sent via email to the Sponsor’s email address on record with the Department. If requested by the Sponsor at the exit conference, the Administrative Review Report will also be sent by regular United States mail. The Administrative Review Report will be deemed received by the Sponsor five (5) calendar days following the date the report was emailed by the Department.

(11) Corrective Action. For any program deficiencies identified by the Department through an Administrative Review, Sponsors must submit a corrective action plan with supporting documentation to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within thirty (30) calendar days of receipt of the Administrative Review Report. The corrective action plan must include:

(a) Each identified program deficiency;

(b) The corrective action required;

(c) The timeframe by which the corrective action will be, or was completed; and

(d) Documentation to demonstrate corrective action was completed as prescribed in the Administrative Review Report.

(12) Extension Requests. The Department will extend the timeframe(s) specified to complete the required corrective action(s) upon the written request of the Sponsor when:

(a) A request to extend the timeframe(s) to complete the required corrective action(s) is submitted by the Sponsor to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within thirty (30) calendar days of receipt of the Administrative Review Report; and

(b) The request includes a justification that demonstrates good cause beyond the Sponsor’s control for why the corrective action plan cannot be submitted by the original completion date and specify the Sponsor’ proposed completion date. Good cause includes unanticipated closures, temporary closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor’s control.

(13) Department Follow-up Reviews. Department Follow-up reviews of Sponsors and schools will be conducted:

(a) If the Sponsor is declared Seriously Deficient as a result of an Administrative or School Review;

(b) If a food safety deficiency is noted during an Administrative Review;

(c) If the number of meals claimed by a Sponsor for a school on any of the five preceding days of operation is 50% or more higher than the number of meals served as observed by the Department or its designated representative during a School Review; or

(d) To ensure that corrective action has been taken as prescribed by the Department in the Administrative Review Report.

(14) If during the follow-up review, the Department determines that significant, repeated operational issues still exist at the Sponsor or school level, the Sponsor will be declared seriously deficient by the Department. A significant operational issue exists if, during the follow-up review, one or more of the following repeat operational issues still exist at the Sponsor level or for at least 50% of the Sponsor schools being reviewed:

(a) Failure to count meals at the point of service as prescribed in paragraph 5P-2.002(3)(a) that results in fiscal action exceeding ten (10) percent of the Claim for Reimbursement reviewed with the meal counts submitted during the follow-up review;

(b) Failure to maintain program records as prescribed in 7 CFR 210.8(a)(5) and 220.8(a)(3), incorporated in Rule 5P-2.001, F.A.C., that results in fiscal action that exceeds the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c);

(c) Noncompliance with meal service times as prescribed in 7 CFR 210.10(l) and 220.8(l), incorporated in Rule 5P-2.001, F.A.C., that results in fiscal action that exceeds the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c);

(d) Claiming of reimbursement payments for meals not served as prescribed in 7 CFR 210.18(g)(1) that results in fiscal action that exceeds the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c);

(e) Serving of meals that do not meet the meal component or portion size requirements as prescribed in 7 CFR 210.10(c) and 220.8(c), incorporated in Rule 5P-2.001, F.A.C., that results in fiscal action that exceeds the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c);

(f) Noncompliance with applicable procurement procedures and contract requirements of 2 CFR 200, incorporated in Rule 5P-2.001, F.A.C.;

(g) Unallowable expenses charged to the non-profit school food service account or improperly coded to the School Nutrition Program that exceed the $600 overpayment disregard as prescribed in 7 CFR 210.19(d) and 220.15(c); or

(h) Failure to maintain proper sanitation and health standards in conformance with all applicable State and local laws and regulations.

(15) If a Sponsor is declared seriously deficient during an Administrative or School Review and is also declared seriously deficient during the follow-up review, or the follow-up review identifies a repeat violation of health, safety and sanitation standards, the Sponsor will immediately be terminated in accordance with paragraph 5P-1.004(1)(a), F.A.C.

(16) While terminated, Sponsors and its principals, including their board members, corporate officials, and the officials identified on the Sponsor application in the Florida Automated Nutrition System at the time of the conduct leading to the termination shall not participate in any Child Nutrition and Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(17) Ad Hoc Reviews. The Department will conduct ad hoc Administrative Reviews, Claim Reviews, Site Visits, or Technical Assistance Visits of Sponsor’s operation of the School Nutrition Programs at its discretion and when the following circumstances exist:

(a) The Department receives a complaint regarding the Sponsor’s operation of the School Nutrition Programs; or

(b) The Department identifies unusual data or trends within the Sponsor’s claims for reimbursement and any other information collected by the Department about the Sponsor’s operation of the School Nutrition Programs, such as “block claiming” or meal counts that are disproportionate to enrollment. For the purposes of the School Nutrition Programs, a block claim is a claim with no variation in meal counts, for any single meal type or combination of meal types, for any continuous 15-day period within the claim month.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History‒New 8-9-23.

Fla. Admin. Code R. 5P-2.006 Fiscal Action

(1) Fiscal Action. Fiscal Action is the recovery of overpayment by the Department to a Sponsor through direct assessment or offset of future Claims for Reimbursement, disallowance of any portion of a Claim for Reimbursement, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of program records to ensure that unfiled Claims for Reimbursement are corrected when filed. Fiscal action also includes disallowance of funds for failure to take corrective action to meet the meal requirements in 7 CFR 210.10 and 7 CFR 220.8, incorporated in Rule 5P-2.001, F.A.C., and restoration of funds to the Sponsor’s nonprofit school food service account from a nonfederal source for unallowable costs pursuant to 2 CFR 200, incorporated in Rule 5P-2.001, F.A.C.

(2) Assessment of Fiscal Action. The Department will assess fiscal action for program deficiencies identified in 7 CFR 210.18(l)(1) through (2) and 7 CFR 210.18(l)(4), incorporated in Rule 5P-2.001, F.A.C., identified unallowable costs to the program, embezzlement, willful misapplication of funds, theft, or fraudulent activity.

(3) Recovery of Payment. The Department’s response to a Sponsor failing to submit an accurate Claim for Reimbursement is governed by 7 CFR 210.8 and 7 CFR 220.14, incorporated in Rule 5P-2.001, F.A.C., except that the Department will recover current fiscal year overpayments from a Sponsor by offsetting future Claims for Reimbursement within the same fiscal year. The Department will collect overpayments identified from a prior fiscal year from a Sponsor, and any fiscal action assessed pursuant to subsection (2) of this rule, through direct assessment using the following collection procedures:

(a) The Department will make a written demand to the Sponsor stating the Fiscal Action assessed via certified mail, return receipt requested. Written demands are deemed received by the Sponsor when it is delivered by certified mail, return receipt (or equivalent private delivery service). If the written demand is undeliverable, it is considered to be received by the Sponsor five days after being sent to the addressee’s last known mailing address.

(b) If after thirty (30) calendar days following receipt of the written demand, the Sponsor has failed to remit full payment or agree to a satisfactory repayment schedule, a second written demand stating the Fiscal Action assessed will be sent to the Sponsor by the Department via certified mail, return receipt requested.

(c) If after sixty (60) calendar days following receipt of the original written demand, the Sponsor fails to remit full payment or agree to a satisfactory repayment schedule, a third written demand stating the Fiscal Action assessed will be sent to the Sponsor by the Department via certified mail, return receipt requested. This third demand will contain a due date of ninety (90) calendar days from the date of original demand for the Sponsor to remit full payment or agree to a satisfactory repayment schedule.

(d) If after ninety (90) calendar days following receipt of the original written demand, the Sponsor fails to remit full payment or agree to a satisfactory repayment schedule, the Department will begin the procedure for collection of delinquent accounts as set forth in Section 17.20, F.S.

(e) While terminated, Sponsors and its principles, including their board members, corporate officials, and the officials identified on the Sponsor application in the Florida Automated Nutrition System at the time of the conduct leading to the termination, shall not participate in any Child Nutrition and Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(4) Withholding Payments. Notwithstanding 7 CFR 210.18(k)(3), incorporated in Rule 5P-2.001, F.A.C., the Department will withhold program payments pursuant to 7 CFR 210.24 and 7 CFR 220.18, incorporated in Rule 5P-2.001, F.A.C., and for the causes specified in 7 CFR 210.18(k)(1), incorporated in Rule 5P-2.001, F.A.C.

(5) Penalties. Failure to comply with the requirements of this rule chapter will result in the penalties prescribed in Rule 5P-1.004, F.A.C.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History‒New 8-9-23.

Fla. Admin. Code R. 5P-2.007 Professional Standards

(1) Professional Standards. Sponsors must establish and implement professional standards for their School Nutrition Program directors, managers, and staff, as defined in 7 CFR 210.2 and 7 CFR 210.30, incorporated in Rule 5P-2.001, F.A.C.

(2) Hiring Standards.

(a) Sponsors must ensure all newly hired school nutrition program directors meet the minimum educational requirements in 7 CFR 210.30(b). A Sponsor may only use its nonprofit school food service account to pay the salary of a School Nutrition Program director who does not meet the hiring standards in 7 CFR 210.30 if the Sponsor complies with the Department’s approved plan to ensure the director will meet the requirements.

(b) The hiring standards plan must be completed within the first year of the School Nutrition Program director’s appointment to this position. If the Sponsor fails to comply with the hiring standards plan, the Sponsor will be deemed Seriously Deficient and subject to termination, pursuant to paragraph 5P-1.004(1)(a), F.A.C.

(c) For the purposes of the School Nutrition Programs, ‘relevant school nutrition experience’ as required in 7 CFR 210.30(b) refers to previous work experience in the National School Lunch Program and School Breakfast Program, and experience in other Child Nutrition Programs, such as the Child and Adult Care Food Program or the Summer Food Service Program. ‘Relevant food service experience’ refers to work in the food service industry, including, but not limited to, hospitals, healthcare facilities, nursing homes, restaurants, cafeterias, free meal centers, and university dining services. Documented unpaid or volunteer experience will be considered relevant.

(d) For the purposes of the School Nutrition Programs, the Department recognizes the following certificate as the ‘State recognized certificate for school nutrition directors’ as required in 7 CFR 210.30:

1. School Nutrition Association School Nutrition Specialist (SNS) Credential; or

2. Association of Nutrition & Foodservice Professionals Certified Dietary Manager or Certified Food Protection Professional (CDM®, CFPP®) Credential.

(3) Continuing Education and Training Standards. Continuing education and training for school nutrition program managers, directors, and staff is required as provided in 7 CFR 210.30(e). In addition, time spent in non-interactive activities, such as observing a product demo or visiting an industry exhibit room, where information, materials or equipment relative to the topics specified at 7 CFR 210.30(b)(3) for school nutrition program directors, 7 CFR 210.30(c) for school nutrition program managers, and 7 CFR 210.30(d)(1)-(5) for all staff with responsibility for school nutrition programs, may count toward no more than two hours of annual training.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History‒New 8-9-23.

Fla. Admin. Code R. 5P-2.008 Waiver Requests

(1) Waiver Request Protocol. Sponsors desiring a waiver of a federal statutory or regulatory requirement must submit a waiver request to the Department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the Child Nutrition Program State Waiver Request Template, revised as of 2018, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15524, and by email request to the Department at InfoFNW@fdacs.gov.

(a) Each section of the Child Nutrition Program State Waiver Request Template must be completed in order for the waiver request to be considered. A complete waiver request must provide the information required by Section 12(l) of the National School Lunch Act, 42 U.S.C. 1760(l), revised as of December 10, 2015, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15525, and by email request to the Department at InfoFNW@fdacs.gov, including:

1. The federal statutory or regulatory requirements that are requested to be waived;

2. A description of the goal of the waiver to improve services under the School Nutrition Programs and the expected outcomes if the waiver is granted; and

3. A description of the impediments to the efficient operation and administration of the program.

(b) The Department will submit completed Child Nutrition Program State Waiver Request Templates to the USDA Food and Nutrition Service (FNS) regional office.

(c) The Department will publish notice of waiver requests on behalf of the Sponsor prior to sending to FNS by publishing a notice in the Florida Administrative Register (FAR), which is the same manner in which the Department usually provides similar notices and information to the public.

(2) Waiver Decisions.

(a) Waivers will be granted or denied by FNS in accordance with 42 USC 1760(1). All responses to waiver requests, including approvals or denials, will be provided by FNS in writing through the Department.

(b) When possible, waiver requests should be submitted, at minimum, 60 days prior to Sponsor’s anticipated implementation of the waiver.

(c) Waivers will only be effective for the limited time period stated in the waiver. After the initial waiver period provided by FNS has expired, if the waiver is still needed, Sponsors must request renewal of the waiver through the Department. A renewal waiver request will be processed in the same manner as an initial waiver request.

(3) Monitoring and Reporting. The Department and FNS will review the performance of Sponsors’ School Nutrition Program operations under the waiver.

(a) Each request to waive School Nutrition Program requirements must include proposed data reporting that will enable FNS and the Department to assess the effect of the waiver on School Nutrition Program administration and monitor its impact. At a minimum, reports must include:

1. A summary of the use of waiver by the Sponsor(s);

2. A description of whether the waiver resulted in improved services to recipients/participants;

3. A description of the impact of the waiver on providing nutritional meals to participants;

4. A description of how the waiver reduced the quantity of paperwork necessary to administer the program; and

5. Any additional information requested in the waiver approval by the Department or FNS.

(b) The Department and FNS will consider the data reports during the implementation of the waiver by the Sponsor and with any request for renewal of the waiver. Sponsors must adhere to existing applicable monitoring and reporting requirements, as well as those outlined in the waiver approval issued by FNS, to ensure continued operation throughout the approved waiver period. FNS may revoke a Sponsor’s waiver or deny future waiver requests if the Sponsor fails to fulfill the monitoring and reporting requirements.

(4) Waiver Termination. If the Department or FNS determines that the waiver leads to deficits in School Nutrition Programs operations or to an increase in the overall cost of the program to the federal government and the increase has not been paid for with non-federal funds, FNS may terminate the waiver as provided in 42 USC 1760(1).

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History–New 8-9-23.

Fla. Admin. Code R. 5P-2.009 Emergency Meals

Emergency meal services shall be administered as provided in subsection 5P-3.001(10), F.A.C.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History–New 8-19-19, Amended 8-9-23.

Fla. Admin. Code R. 5P-2.010 Civil Rights Compliance and Enforcement

(1) Other Federal Requirements. All Sponsors must comply with the following requirements:

(a) Title VI of the Civil Rights Act of 1964, effective July 2, 1964, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15755;

(b) Americans with Disabilities Act of 1990, effective July 26, 1990, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15756;

(c) American with Disabilities Act Amendment Act of 2008, effective January 1, 2009, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15757;

(d) Title IX of the Education Amendments of 1972, effective June 23, 1972, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15758;

(e) Section 504 of the Rehabilitation Act of 1973, effective September 26, 1973, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15759;

(f) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), effective in 1998, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15760;

(g) The Age Discrimination Act of 1975, effective November 28, 1975, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15761;

(h) The Civil Rights Restoration Act of 1987, effective March 22, 1988, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15762;

(i) The Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964 at 28 CFR 50.3, revised as of July 1, 2021, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15763; and

(j) USDA’s regulations concerning nondiscrimination in 7 CFR parts 15, 15a,15b and 16, incorporated in Rule 5P-2.001, F.A.C.

(2) Materials in paragraphs (1)(a)-(i) above may also be obtained by email request to the Department at InfoFNW@fdacs.gov.

(3) Limited English Proficiency. Sponsors must take reasonable steps to assure meaningful access to the information and services they provide as required FNS Instruction 113-1 FNS-620 (1-99), incorporated in Rule 5P-3.002, F.A.C. Reasonable steps to assure meaningful access shall be assessed based on the following factors:

(a) The number or proportion of persons with Limited English Proficiency eligible to be served or likely to be encountered by the Sponsor’s School Nutrition Program;

(b) The frequency with which individuals with Limited English Proficiency come in contact with the Sponsor’s School Nutrition Program(s);

(c) The nature and importance of the Sponsor’s School Nutrition Program(s) to people’s lives; and

(d) The resources available to the Sponsor and costs.

(4) Effective Communication. Sponsors must provide aids and services when needed to communicate effectively with applicants, participants, and potentially eligible persons of their program who have communication disabilities to ensure that the persons with a vision, hearing, or speech disability can communicate with, receive information from, and convey information to, the Sponsor unless doing so would result in significant difficulty or expense with regard to the nature and cost of the aid or service relative to the Sponsor’s size, overall financial resources, and overall expenses. If a particular aid or service would result in significant difficulty or expense, the Sponsor must provide another effective aid or service, if possible, that would not result in significant difficulty or expense.

(a) Sponsors are not required to provide any particular aid or service in rare circumstances where it would fundamentally alter the nature of the services provided to the public; however, Sponsors are required to accept telephone calls placed through Telecommunications Relay Service (TRS) and Video Relay Service (VRS), and staff who answer the telephone must treat relay calls just like other calls.

(b) Sponsors must consider the nature, length, complexity, and context of the communication and the person’s normal method(s) of communication as well as with that person’s parent, spouse, or companion in appropriate circumstances. The term “companion” includes any family member, friend, or associate of a person seeking or receiving services who is an appropriate person with whom the Sponsor should communicate. The Sponsor shall provide effective communication, including the use of interpreters.

(c) Sponsors cannot require a person to bring someone to interpret for him or her. A Sponsor can rely on a companion to interpret in the following situations:

1. In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available; or

2. In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when the individual requests this, the accompanying adult agrees, and reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children. Sponsors may not rely on an accompanying adult to interpret when there is reason to doubt the person’s impartiality or effectiveness.

(d) Sponsors are encouraged to consult with the person with a disability to discuss what aid or service is appropriate. Sponsors may require reasonable advance notice from people requesting aids or services, based on the length of time needed to acquire the aid or service, but may not impose excessive advance notice requirements. “Walk-in” requests for aids and services must also be honored to the extent possible.

(e) Sponsors must provide comprehensive and ongoing training to staff interacting with participants regarding the Americans with Disabilities Act (ADA) requirements for communicating effectively with people who have communication disabilities.

(5) Public Notification. Each Sponsor must take specific action to inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation.

(a) Sponsors must advise applicants and participants at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures.

(b) All information materials and sources, including websites, used by the Sponsor to inform the public about the School Nutrition Programs must contain a nondiscrimination statement. At the minimum, the nondiscrimination statement, or a link to it, must be included on the home page of the program information.

(c) Each Sponsor must take the following actions to inform the general public, potentially eligible populations, community leaders, grassroots organizations, and referral sources about the School Nutrition Program(s) and the applicable Civil Rights requirements:

1. Prominently display the applicable USDA nondiscrimination poster "And Justice for All," or an FNS approved substitute;

2. Inform potentially eligible persons, applicants, participants, and grassroots organizations (particularly those in underserved populations), of the School Nutrition Program(s) or changes in School Nutrition Program(s). This includes information pertaining to eligibility, benefits, and services, the location of local facilities or service delivery points, and hours of service. This information shall be communicated by methods including, but not limited to, Internet, newspaper articles, radio and television announcements, letters, leaflets, brochures, computer-based applications, and bulletins;

3. Provide appropriate information, including web-based information, in alternative formats for persons with disabilities;

4. Include the required nondiscrimination statement on all appropriate School Nutrition Program publications, websites, posters, and informational materials provided to the public; and

5. Convey the message of equal opportunity in all photographic and other graphics that are used to provide School Nutrition Program or program-related information.

(6) Civil Rights Training. Sponsors are responsible for training their staff who interact with program applicants and participants. Staff who interact with program applicants or participants and persons who supervise those staff, must be provided civil rights training on an annual basis by the Sponsor. Specific subject matter must include, at a minimum, the collection and use of data, effective public notification systems, complaint procedures, compliance review techniques, resolution of noncompliance, requirements for reasonable accommodation of persons with disabilities, requirements for language assistance, conflict resolution, and customer service.

(7) Data Collection and Reporting. The collection and reporting of data on the actual number of children applying for free and reduced-price meals or free milk, by ethnic or racial group, is required by Department of Justice (DOJ) Regulations, 28 CFR 42.406, revised as of July 1, 2021, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15823, and by email request to the Department at InfoFNW@fdacs.gov.

(a) Sponsors must develop a method for data collection. Methods include determination of the information by a school official through personal knowledge or voluntary self-identification by an applicant on the free and reduced-price meal or free milk application. The Department may also use data or information collected by other Federal agencies and the Florida Department of Education. Sponsors must maintain this information on file for three (3) years.

(b) Sponsors must establish procedures to ensure that the information is made available only to authorized State and Federal personnel as requested, or as part of Office of Management and Budget (OMB) approved surveys.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New 9-5-23.

Chapter 5P-3 SUMMER FOOD SERVICE PROGRAM

Fla. Admin. Code R. 5P-3.001 Summer Food Service Program Participation

Each organization participating or desiring to participate in the Summer Food Service Program, as defined in subsection 5P-1.001(38), F.A.C., must meet the standards established by the United States Department of Agriculture as provided in 2 CFR 200, 7 CFR 15, 15a, 15b, 7 CFR 16, 7 CFR 225, and 7 CFR 250 all revised as of January 1, 2021, and which are hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14883, and by email request to the department at InfoFNW@fdacs.gov, Chapter 595, F.S. and this rule chapter.

(1) Summer Food Service Program Application. Any organization desiring to participate in the Summer Food Service Program must be eligible as required by 7 CFR 225.14 and must:

(a) Submit to the department a complete application online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Summer Food Service Program Application,” FDACS-01722 03/22, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14852, and by email request to the department at InfoFNW@fdacs.gov. For the purposes of this program, a complete application includes:

1. All Sponsor Information as requested on the application;

2. All Site Information as requested on the application for at least one site; and

3. A management plan. The management plan must demonstrate financial capability, administrative capability, and program accountability for program operations and allow the department to determine in which of the three (3) operational tiers, as described in subsection 5P-3.002(2), F.A.C., the organization will be approved based on the information submitted. All information submitted as part of the management plan must be in the name of the organization listed on the application.

a. The organization shall demonstrate financial capability to operate a Summer Food Service Program if it has financial resources to operate the Summer Food Service Program on a daily basis, to continue to pay employees and contractors during periods of temporary interruptions in Summer Food Service Program payments, to pay debts when fiscal claims have been assessed against the organization, and documents its financial capability as specified in sub-subparagraph 5P-3.001(1)(a)3.b., F.A.C. The following information must be included with the management plan:

(I) The organization must indicate what financial resources it has and how long those financial resources have been available to the organization, whether the level, function or nature of the financial resources is expected to change during the program year and, if so, what impact the change will have on the organization’s financial capability.

(II) Organizations operating solely to administer the Summer Food Service Program and no other income generating venture, must provide verification that the organization has sources of funding other than the Summer Food Service Program to pay for the preparation of IRS filings for corporations, state corporate reporting requirements, and the cost of conducting required board meetings. Organizations with no available financial resources (e.g., cash, loans, closed-end lines of credit) other than the Summer Food Service Program shall be deemed not financially capable and ineligible to participate in the Summer Food Service Program.

b. The organization shall further demonstrate financial capability by providing the following documentation, which must be included with the organization’s management plan:

(I) Administrative and operational budgets that are necessary, reasonable, allowable, and allocable and include projected expenses;

(II) Twelve (12) consecutive months of financial institution statements for the organization’s most recent fiscal year and for the month prior to the submission of the application for all cash accounts in the name of the organization;

(III) All agreements for loans, lines of credit, revolving credit card accounts, non-cancelable leases, food service credit lines, and purchase commitments, each of which must be closed-end. Credit lines from food service distributors and food service management companies must be supported by a current executed contract that has been reviewed and approved by the department in accordance with Rule 5P-3.003, F.A.C., and 2 CFR part 200 prior to the line of credit being extended;

(IV) The organization’s most recent federal tax filing (e.g., Form 990), unless the organization is exempt from filing as a governmental entity; and

(V) Documentation to demonstrate eligibility to participate in one of the three tiers set out in sub-sub-subparagraph (A) through (C) below:

(A) In consideration for Tier 3, as defined in subsection 5P-3.002(2), F.A.C., complete financial statements, audited by a Certified Public Accountant, for the organization’s most recent fiscal year and the following: statement of financial position, statement of activities, statement of changes in net assets, statement of cash flows, and notes to financial statements, which all must conform to generally accepted accounting principles. Audited financial statements containing all statements and note disclosures required by generally accepted accounting principles, but which are titled differently from this list, shall be deemed to meet this requirement. From these documents, the following factors will be considered:

I. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);

II. All accounts and transactions of the organization are included;

III. Debt does not exceed eighty (80) percent of total assets;

IV. Current asset/liability ratio of at least 1:1;

V. Transactions for Summer Food Service Program activities are separately identifiable either in the statement of activities or notes to financial statements; and

VI. Financial resources cover the costs of at least fifty (50) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.

(B) In consideration for Tier 2, at a minimum, internally-prepared statements conforming to generally accepted accounting principles including at least the statement of financial position and statement of activities, or financial statements conveying substantially the same information, as required by generally accepted accounting principles, but are titled using different terms, for the organization’s most recent fiscal year from which the following factors will be considered:

I. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);

II. All accounts and transactions of the organization are included;

III. Debt does not exceed eighty (80) percent of total assets;

IV. Current asset/liability ratio of at least 1:1; and

V. Financial resources cover at least twenty-five (25) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.

(C) In consideration for Tier 1, at a minimum, a trial balance report including all statements of financial position and statement of activities that account for the organization’s most recent fiscal year from which the following factors will be considered:

I. The trial balance balancing to zero ($0);

II. Assets exceeding liabilities (i.e., positive net assets or positive fund balance);

III. All accounts and transactions of the organization are included;

IV. Debt does not exceed eighty (80) percent of total assets;

V. Current asset/liability ratio of at least 1:1; and

VI. Financial resources cover at least twenty-five (25) percent of expenses as indicated in the proposed budget – independent of any reimbursement from the department.

c. The organization has the administrative capability to participate in the Summer Food Service Program if it:

(I) Has not been declared Seriously Deficient by the department or terminated from the Summer Food Service Program or any other federal Child Nutrition Program in the previous seven (7) years. However, such an organization may be considered if the department determines that the organization has taken appropriate corrective actions to prevent recurrence of all deficiencies as prescribed in paragraph 5P-1.004(1)(a), F.A.C., and has repaid any outstanding debts owed to federal Child Nutrition Programs;

(II) Has written policies and procedures that assign Summer Food Service Program responsibilities and duties to officers, directors and staff of the organization, to include, at a minimum, an organizational chart, organizational mission statement and bylaws, written job descriptions on full-time and part-time positions, and ensure compliance with civil rights requirements;

(III) Has sufficient, qualified staff to ensure the operation of the Summer Food Service Program in accordance with program regulations and this rule. The rationale for hiring decisions must be documented and align with the position description for the position. Sponsors shall provide a description of qualifications for all Summer Food Service Program positions and their prospective salary ranges, as well as resumes of individuals employed by the organization who will be performing Summer Food Service Program duties, and a Summer Food Service Program staff training plan to demonstrate staff qualifications.

(A) Minimum hiring standards for program administrators and directors. Program administrators and/or directors hired on or after the effective date of this rule must have at least one year of relevant Child Nutrition Program or food service experience and must have completed at least eight hours of food safety training not more than five years prior to their hiring date as the program administrator or director. Program administrators and directors hired prior to the effective date of this rule will be carried over in their respective administrator or director position; however, an annual application must still be submitted by the organization to the department for review to determine the organization’s operational tier. Relevant Child Nutrition Program experience refers to previous work experience in the National School Lunch Program and School Breakfast Program, as well as experience in other Child Nutrition Programs, including the Child and Adult Care Food Program or the Summer Food Service Program. Relevant food service experience refers to work in the food service industry, including, but not limited to, hospitals, healthcare facilities, nursing homes, restaurants, cafeterias, soup kitchens, and university dining services. Examples of skills employees would obtain in the food service industry include food handling and preparation, food ordering, nutrition education, financial management, and customer service.

(B) Staff-to-Children Ratio. The Summer Food Service Program staff-to-child ratio must be at least one staff person for every 25 children unless superseded by the minimum standards for the care of children in a licensed child care facility as established in Section 402.305(4)(a), F.S.

(IV) Provides an ongoing service to the community as evidenced by payroll records or timesheets.

d. To demonstrate program accountability, the organization’s management plan must provide evidence of how it meets the following criteria:

(I) Has oversight of the Summer Food Service Program by an independent governing board of directors that, at a minimum:

(A) Adopts and maintains a written conflict of interest policy that governs transactions between the Sponsor and another party in which a member of the Sponsor’s board of directors, or an officer or trustee of the Sponsor has a direct or indirect financial interest. The policy shall include instruction regarding “conflict of interest transactions,” which includes, the sale, lease, or exchange of property to or from the Sponsor; the lending of funds to or borrowing of funds from the Sponsor; and the payment of compensation for services provided to or from the Sponsor;

(B) Maintains board meeting minutes that document decisions made by the board including those concerning conflict of interest transactions;

(C) Is responsible for policy setting, fiscal guidance, and ongoing governance of the organization;

(D) Reviews the organization’s policies, programs, and budgets at a minimum on an annual basis;

(E) Approves decisions about compensation of employees and other parties providing services to the organization; and

(F) Possesses Summer Food Service Program knowledge and has operational oversight.

(II) Has a screening system in place to scrutinize any criminal convictions of board members which may disqualify them from performing Summer Food Service Program administrative functions; and

(III) Has a documented financial management system in accordance with FNS Instruction 796-4 Form FNS-389 (9-88), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14853, and by email request to the department at InfoFNW@fdacs.gov, with management controls specified in writing. At a minimum, the financial management system shall provide:

(A) Accounting records that are supported by source documents;

(B) Records showing the source and application of funds and contain information pertaining to Program funds and income (e.g., authorizations, obligations, unobligated balances, assets, liabilities, and outlays);

(C) Accurate, current, and complete disclosures of the financial transactions of the program;

(D) Identification of each Summer Food Service Program expense as either an operating or administrative cost, including a consistent and rational basis for the proration of costs which benefit both the operation and administration of the Summer Food Service Program, and an approved direct cost base (subject to review by the department and FNS) for costs which benefit both the Summer Food Service Program and other activities of the Sponsor, such as occupancy and telephone services.

(E) Effective control over, and accountability for, all funds, property, and other program assets to assure that they are safeguarded and used solely for authorized purposes;

(F) A system of safeguards and controls is in place to prevent and detect improper financial activities by employees;

(G) A comparison of actual outlays against budgeted amounts;

(H) Organization-wide audits to determine, at a minimum, the fiscal integrity of financial transactions and reports, and compliance with laws, regulations, and administrative requirements;

(I) A systematic method to assure timely and appropriate resolution of all audit findings and recommendations (including organization-wide);

(J) Maintenance of appropriate records to document compliance with Summer Food Service Program requirements, including budgets, accounting records, approved budget amendments, management plans and appropriate records on Summer Food Service Program site operations;

(K) Regular training of administrative staff and site personnel as prescribed in subsection 5P-3.002(1), F.A.C.;

(L) Monitoring in accordance with 7 C.F.R. §225.15(d)(2)-(3), as previously incorporated in this rule, to ensure that sites accountably and appropriately operate the Summer Food Service Program; and

(M) Documented practices that result in the operation of the Summer Food Service Program in accordance with the meal service, recordkeeping, and other operational requirements that demonstrate that sites will:

I. Provide meals that meet the meal patterns set forth in 7 C.F.R. §225.16, previously incorporated in this rule;

II. Have a food service that complies with applicable State and local health and sanitation requirements;

III. Comply with civil rights requirements;

IV. Maintain complete and appropriate records on file; and

V. Claim reimbursement only for eligible meals.

4. Organizations are exempt from the requirements in subparagraph (1)(a)3. of this rule and will be approved to operate the Summer Food Service Program at Tier 3 unless the organization has been declared Seriously Deficient, as described in paragraph 5P-1.004(1)(a), F.A.C., in the year prior to the current year, if the following criteria are met:

a. The organization is audited on a predetermined, continual cycle with the Florida Auditor General and is a current participant in good standing in the National School Lunch Program; or

b. The organization is a local, municipal, county, or state government organization.

5. All supporting materials provided with or related to an application must be submitted using the Management Plan structure in the Florida Automated Nutrition System.

(b) Correct its application and supporting documentation, including revised or additional information, submitted by the organization, when the documentation provides contradictory or inconsistent information. Any application, including the supporting materials thereto, which is not completely and accurately submitted by the applicant prior to the application deadlines as otherwise provided in subsection 5P-3.001(2), F.A.C. will be deemed incomplete and denied.

(c) Complete the Summer Food Service Program training with eighty (80) percent accuracy or higher prior to being approved for participation.

1. This training requirement is applicable for operation of the Summer Food Service Program at any time of the year in an area with a continuous school calendar.

2. The department waives this training requirement for operation of the Summer Food Service Program during unanticipated school closures during the period from October through April.

(2) Application Deadlines. Application deadlines for participation in the Summer Food Service Program are as follows:

(a) Applications are due March 15 for all organizations requesting an advance for June and/or July.

(b) Applications are due April 15 for all remaining organizations.

(c) Applications that remain incomplete after April 15 will remain unapproved and deactivated in the Florida Automated Nutrition System.

(3) Operational Tiers. Sponsors approved to operate the Summer Food Service Program will be designated to operate within the parameters for one of three tiers determined during the application process each year, unless exempt per subparagraph 5P-3.001(1)(a)4., F.A.C.

(a) Tier 3 allows Sponsors to serve over 150,000 meals;

(b) Tier 2 allows Sponsors to serve up to 150,000; and

(c) Tier 1 allows Sponsors to serve up to 60,000 meals;

(d) A Sponsor may not include in the Claim for Reimbursement, and will not be reimbursed for, any meals served over the allowable amount for the tier in which the Sponsor is approved to operate.

(e) Only experienced sponsors will be permitted to operate above Tier 1 in the Summer Food Service Program. For the purposes of this rule, an experienced sponsor means a Sponsor that has successfully participated in the Summer Food Service Program for each of the prior three (3) consecutive years.

(f) Experienced sponsors will not be permitted to operate at Tier 2 if they have had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at a Tier 1, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.

(g) Experienced sponsors will not be permitted to operate at Tier 3 if they have had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at Tier 2 or Tier 3, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.

(h) Sponsors approved to participate in the Summer Food Service Program prior to January 1, 2022 will be approved to continue to operate in their respective Tier 2 or Tier 3 operational tiers if, based upon the Sponsor’s annual application, the department determines that the Sponsor has demonstrated capability to maintain that operational tier and if they have not had any significant operational issues as defined in subparagraphs 5P-3.005(14)(e)1., F.A.C. through 5P-3.005(14)(e)8., F.A.C., or serious deficiencies as defined in sub-subparagraphs 5P-1.004(1)(a)1.a., F.A.C., through 5P-1.004(1)(a)1.k., F.A.C., while operating at Tier 2 or Tier 3, in their most recently conducted Administrative Review, Site Review, Site Visit, or Technical Assistance Visit.

(4) Pre-approval Site Visits. In accordance with 7 CFR 225.7(d)(1), previously incorporated in this rule, the department will conduct a pre-approval site visit for all organizations that did not operate the program in the year prior to the current year, to assess Summer Food Service Program compliance and to verify information provided in the application using the form entitled “Summer Food Service Program State Pre-Approval Site Visit”, FDACS-01735 Rev. 03/22, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14854, and by email request to the department at InfoFNW@fdacs.gov.

(a) If program compliance is confirmed during a pre-approval site visit, the organization will be approved to operate the Summer Food Service Program at that site.

(b) If program compliance is not confirmed during a pre-approval site visit, the department will allow the organization to make necessary changes, for that site, as identified by the department on form ‘Summer Food Service Program State Pre-Approval Site Visit’, FDACS-01735 Rev. 03/22, and request a technical assistance visit to follow-up on the changes made to bring the organization into compliance. If applicable deadlines have already lapsed for the current year, the organization cannot operate the Summer Food Service Program at the site.

1. If program compliance is confirmed during the technical assistance visit, the organization will be approved to operate the Summer Food Service Program at the site.

2. If program compliance is not confirmed during the technical assistance visit, the organization cannot operate the Summer Food Service Program at the site.

(5) Seriously Deficient Sponsors. Seriously Deficient Sponsors are Sponsors that were declared Seriously Deficient pursuant to paragraph 5P-1.004(1)(a), F.A.C. In accordance with 7 CFR 225.6(c)(2), previously incorporated in this rule, Sponsors reapplying for participation in the Summer Food Service Program that were declared Seriously Deficient in the year prior to the current year, must be eligible as required by 7 CFR 225.14(b), previously incorporated in this rule, and this rule chapter.

(6) Delinquent Sponsors. Sponsors that have outstanding debts to the department from previous fiscal action taken within the context of Child Nutrition Programs are not eligible to participate in the Summer Food Service Program.

(a) Sponsors that have outstanding debts with the department from previous fiscal action taken within the context of the Child Nutrition Programs and have not agreed upon a satisfactory repayment schedule with the department will be declared Seriously Deficient and terminated from the Summer Food Service Program in accordance with paragraphs 5P-3.006(3)(d), and 5P-1.004(1)(a), F.A.C., where appropriate.

(b) While terminated, delinquent Sponsors and its principals, including their board members, corporate officials, and the officials identified on the Sponsor application in the Florida Automated Nutrition System at the time of the conduct leading to the termination shall not participate in any Child Nutrition or Food Distribution Program, which includes, but is not limited to, receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(7) Transfer of Sites Between Sponsors. Sites may request to transfer to a different Sponsor if:

(a) A written request to transfer and justification is provided to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399 and to the Sponsor under which the Site is currently operating at least seven (7) calendar days before the anticipated date of transfer.

(b) The written request to transfer must include:

1. The current Sponsor’s name;

2. The requested new Sponsor’s name, and

3. The justification for the request to transfer. The justification must demonstrate good cause beyond the Site’s control for why the Site is requesting to be transferred. Good cause includes:

a. The population served will expand;

b. The quality of meal service will improve; or

c. The effectiveness of site operation will improve.

(c) If a Site experiences, at a minimum, two consecutive days where meals are not delivered by the Sponsor, or can document inconsistent deliveries, the Site is exempt from the time requirement in paragraph (a) of this subsection.

(8) Site Eligibility. Pursuant to 7 CFR 225.2, previously incorporated in this rule, to be eligible to participate in the Summer Food Service Program, an organization must be non-profit, which is defined as being tax exempt under section 501(a) of the Internal Revenue Code of 1986.

(a) A private, nonprofit organization or nonprofit private school claiming exempt status through affiliation with a church or religious organization that is not required to make application to the Internal Revenue Service for recognition of its status to be tax-exempt must:

1. Provide a group exemption letter from the Internal Revenue Service that demonstrates its relationship to the church or religious organization pursuant to Revenue Procedure 80-27, 1980-1 C.B. 677, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14855, and by email request to the department at InfoFNW@fdacs.gov; or

2. Establish that it is affiliated with a church or religious organization by providing documentation that demonstrates the organization or school is operated, supervised, or controlled by or in connection with the church, a convention or association of churches, or religious organization as defined in 26 CFR 1.509(a)-4, revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14856, and by email request to the department at InfoFNW@fdacs.gov; or

3. Show that it is otherwise affiliated with the church or religious organization based upon relevant facts and circumstances as specified in 26 CFR 1.6033-2(h)(3), revised as of April 1, 2021, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14857, and by email request to the department at InfoFNW@fdacs.gov.

4. A private, nonprofit organization or nonprofit private school claiming exempt status as a unit affiliated with and under the general supervision or control of another tax exempt organization must also provide to the department a group exemption letter from the Internal Revenue Service that demonstrates its relationship to the tax exempt organization pursuant to Revenue Procedure 80-27, 1980-1 C.B. 677, as previously incorporated.

(b) The department will approve sites which are identified as for-profit locations if the sites meet all the following criteria:

1. The sites must be operated under an eligible public or private non-profit Sponsor;

2. The sites must operate as Open sites or Restricted Open sites;

3. The sites must be located in an area in which at least 50 percent of the children are from households that are eligible for free or reduced priced school meals;

4. The sites must make meals available to all children in the area and must serve meals to children on a first come, first served basis; and

5. The sites must serve all meals at no charge.

(c) The Sponsor must submit to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, a signed “Summer Nutrition Programs For-Profit Certificate” FDACS-01839 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10334, and by email request to the department at InfoFNW@fdacs.gov, prior to the first operating day of each site identified as for-profit.

(9) Agreement. Each Sponsor approved to participate in the Summer Food Service Program must enter into a written agreement with the department, using the form entitled “Child Nutrition Programs Agreement”, FDACS-01716 Rev. 06/19, incorporated in Rule 5P-2.002, F.A.C.

(10) Emergency Meal Service. In the event of an unanticipated school closure during the school year, the department will provide an expedited approval for Sponsors, as defined in Section 595.402(6), F.S., with current Child Nutrition Programs Agreement, if the Sponsor has previously indicated to the department its intent to provide such emergency meals.

(a) This intent to serve emergency meals during an unanticipated school closure must be designated in the Sponsor’s application to participate in a Summer Nutrition Program, and contain the following information:

1. A list of the sites that would be activated to serve emergency meals;

2. The contact person for the Sponsor regarding service of emergency meals;

3. The estimated number of children to be served;

4. Time(s) at which meals will be served; and

5. Type(s) of meals to be served (i.e., breakfast, lunch, snack, and/or supper).

Sponsors in good standing will be approved for participation during an unanticipated school closure without a prior application if the Sponsor participated in the Summer Food Service Program or Seamless Summer Option at any time during the current year or in the prior calendar year.

(b) The department will approve or deny Sponsors with current Child Nutrition Program Agreements for operation during the unanticipated school closure on a first come, first served basis, in the following order:

1. Sponsors that are exempt in accordance with subparagraph 5P-3.001(1)(a)4., F.A.C. and Sponsors approved to operate a Tier 3 program who have not been declared Seriously Deficient in the current year or the year prior to the current year;

2. Sponsors approved to operate a Tier 2 program who have not been declared Seriously Deficient in the current year or the year prior to the current year when approved Sponsors operating a Tier 3 program and exempt Sponsors are not providing emergency meal service in all areas within a county in which at least 50 percent of the children are eligible for free or reduced priced school meals.

3. Sponsors approved to operate a Tier 1 program who have not been declared Seriously Deficient in the current year or the year prior to the current year when Sponsors operating a Tier 2 or Tier 3 program and exempt Sponsors are not providing emergency meal service in all areas within a county in which at least 50 percent of the children are eligible for free or reduced priced school meals.

(c) Sponsors with current Child Nutrition Program agreements and operating the National School Lunch Program’s Seamless Summer Option shall submit documentation to the department sufficient for the department to make a tier determination for the Sponsor as set out in sub-subparagraph 5P-3.001(1)(a)3.a., F.A.C. with its initial or renewal School Nutrition Program application as set out in subsection 5P-2.001(1), F.A.C. Upon determination of the Sponsor’s tier, the Sponsor will be approved to operate during the unanticipated school closure as set out in paragraph 5P-3.001(10)(f), F.A.C. The department will only approve a school site to operate the National School Lunch Program’s Seamless Summer Option during an unanticipated closure if the school building where the Sponsor is approved to serve meals is unaffected by the emergency or disaster, and it is determined to be the most appropriate location for emergency meal service, or is expressly permitted by the United States Department of Agriculture (USDA).

(d) For standalone unanticipated school closures, the department will expedite approval to provide emergency meals in accordance with Rule 5P-2.001, F.A.C. for the Seamless Summer Option or subsection 5P-3.001(1), F.A.C., for the Summer Food Service Program, as needed, for the affected Sponsor upon submission of the written intent to serve emergency meals. The process set forth in paragraph (b) will not be applied for standalone unanticipated school closures.

(e) Location. Emergency meals during an unanticipated school closure must be served at the location and during the time(s) indicated in the Sponsor’s application for the Summer Nutrition Program. If the Sponsor is unable to serve meals at the location and during the time(s) indicated in the application, the Sponsor must submit a request to change the location or time and the reason for the change.

(f) Meal Pattern. All emergency meals served during an unanticipated school closure must meet the meal pattern requirements in 7 CFR 210.10 and 7 CFR 220.8 for Sponsors operating the Seamless Summer Option and 7 CFR 225.16(d) for Sponsors operating the Summer Food Service Program, unless a waiver of these requirements is in effect. The department will issue waivers of these provisions based on the authority granted by the USDA Food and Nutrition Service (FNS) and in accordance with sections 412 and 413 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179-80), revised as of December 7, 2021, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14858, and by email request to the department at InfoFNW@fdacs.gov. The meal pattern requirements in 7 CFR 210.10 and 7 CFR 220.8, all revised as of January 1, 2021, are hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14859, and by email request to the department at InfoFNW@fdacs.gov.

(g) Claims for Reimbursement. Sponsors must submit Claims for Reimbursement for emergency meals served during an unanticipated school closure in accordance with Rules 5P-2.004, for the Seamless Summer Option, and 5P-3.004, F.A.C. for the Summer Food Service Program. Sponsors that have been approved to serve emergency meals without a prior application must submit a complete Summer Food Service Program or Seamless Summer Option application to the department prior to the submission of its claim for reimbursement for the emergency meals served during the unanticipated school closure.

(h) Record Retention. Sponsors must maintain all records necessary to demonstrate compliance with the requirements in this rule, pursuant to 7 CFR 210.15 and 7 CFR 220.7(e)(13) for Sponsors operating the Seamless Summer Option, and 7 CFR 225.15(c) for Sponsors operating the Summer Food Service Program, all revised as of January 1, 2021, which are hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14860, and by email request to the department at InfoFNW@fdacs.gov, for all emergency meals served during an unanticipated school closure.

(11) Terminated Sponsors. While terminated, Sponsors and its principals, including their board members, corporate officials, and the officials identified on the Sponsor application in the Florida Automated Nutrition System at the time of the conduct leading to the termination, shall not participate in any Child Nutrition or Food Distribution Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means. Sponsors that have been terminated, as described in paragraph 5P-1.004(1)(a), F.A.C., from the Summer Food Service Program and are applying again to participate must be eligible as required by 7 CFR 225.14(b), previously incorporated in this rule, and this rule chapter, and must submit an application pursuant to paragraph 5P-3.001(1)(a), F.A.C., including a management plan using the criteria in sub-subparagraphs 5P-3.001(1)(a)3.a. through c., F.A.C.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History–New 5-2-19, Amended 12-6-22.

Fla. Admin. Code R. 5P-3.002 Program Responsibilities

(1) Training. Each year, upon approval to operate the Summer Food Service Program, the Sponsor must hold training sessions for its administrative staff prior to the first day of program operations. Additionally, each year the Sponsor must hold training sessions for site personnel prior to the first day of each site’s program operation. Training of site personnel must, at a minimum, include: the purpose of the Summer Food Service Program, civil rights as indicated in section XI of FNS Instruction 113-1 FNS-620 (1-99), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10342, and by email request to the department at InfoFNW@fdacs.gov, site eligibility, recordkeeping, site operations, meal pattern requirements, and the duties of a monitor as prescribed in 7 CFR 225.15(d), incorporated in Rule 5P-3.001, F.A.C.

(2) Site Information. Sponsors must submit any additional site information or changes to current site information requested on the application not less than two business days prior to the implementation of the additional or updated site information submitted. Sponsors requesting to operate a Summer Food Service Program site at a School Food Authority school as defined in subsection 5P-2.001(1), F.A.C. must provide to the department a letter of permission from that School Food Authority’s nutrition service department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399.

(3) Pre-operational Visits. Prior to Summer Food Service Program operations, Sponsors must conduct a pre-operational visit of all sites that did not operate the Summer Food Service Program or any sites that had deficiencies noted, by the department or the Sponsor, in the year prior to the current year. These visits are to determine that the sites have the facilities to provide meal service for the anticipated number of children in attendance and the capability to conduct the proposed meal service. The Sponsor must indicate what, if any, improvements or corrective actions are needed and must address the needed improvements or corrective actions before the site can be approved for operation. Sponsors must provide the department written documentation of a completed pre-operational visit when requested. These pre-operational visits are not the same as the site visit conducted during the first week of program operations as required in 7 CFR 225.15(d)(2), incorporated in Rule 5P-3.001, F.A.C.

(4) Site Supervision. The Sponsor must identify at least one site supervisor for each proposed site. No site will be permitted to operate until its site supervisor has attended a Summer Food Service Program training session conducted by the Sponsor. A site supervisor must be present at each meal service.

(5) Meal Service. Pursuant to 7 CFR 225.15(d)(3), Sponsors must review food service operations at each site at least once during the first four weeks of Summer Food Service Program operations. Sponsors must complete the site review using the form entitled “Summer Food Service Program Sponsor Site Review”, FDACS-01926 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10337, and by email request to the department at InfoFNW@fdacs.gov.

(a) Sponsors must serve meals that meet the meal patterns prescribed in 7 CFR 225.16(d), incorporated in Rule 5P-3.001, F.A.C. Exceptions to the meal pattern requirements are permitted as follows:

1. Sponsors may serve food in smaller quantities than are indicated in 7 CFR 225.16(d) to children under six (6) years of age. The Sponsor must ensure that variations in portion size are in accordance with the age levels of the children served.

2. Sponsors wanting to serve children under one (1) year of age must first request approval to do so from the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Request to Serve Infant Meals”, FDACS-01849 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10335, and by email request to the department at InfoFNW@fdacs.gov.

(b) When serving food in smaller quantities than are indicated in 7 CFR 225.16(d), the Sponsor must follow the age-appropriate meal pattern requirements contained in 7 CFR 226.20(b), revised as of January 1, 2021, which is hereby adopted and incorporated by reference and made available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14861, and by email request to the department at InfoFNW@fdacs.gov.

(c) Meals must be counted at the point of service (i.e., meals are counted as they are served) using either tally marks or a counting device to ensure that an accurate count of meals served is obtained and reported.

(d) Summer Food Service Program meals may not be served between the hours of 8:00 p.m. and 6:00 a.m. (EST). Pursuant to 7 CFR 225.16, previously incorporated in Rule 5P-3.001, F.A.C., supper meal service may not begin later than 7:00 p.m. (EST).

(e) If the Sponsor plans to provide meal service to children away from the approved site, the Sponsor must submit to the department, online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, notification of any field trip that would affect the time and location of meal service using the form entitled “Summer Nutrition Programs Field Trip Schedule,” FDACS-01877 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10336, and by email request to the department at InfoFNW@fdacs.gov. Notification must be made forty-eight (48) hours prior to date of the field trip.

(6) Audit Requirements. Sponsors that expend $750,000 or more during the fiscal year in federal awards must have a single audit conducted for that year in accordance with Subpart F – Audit Requirements of 2 CFR 200, incorporated in Rule 5P-3.001, F.A.C.

(a) In determining whether $750,000 in federal awards have been expended, the Sponsor must combine the value of USDA Foods received as determined by the United States Department of Agriculture (USDA), all reimbursements received for meals served to eligible children as a part of the School Nutrition Programs, if applicable, Summer Food Service Program, and all other federal awards as defined in 2 CFR 200.38, incorporated in Rule 5P-3.001, F.A.C. Sponsors may obtain the value of USDA Foods received by accessing the Web-Based Supply Chain Management website at https://www.eauth.usda.gov/Login/login.aspx or by calling the department toll-free at (800)504-6609.

(b) A copy of the audit report must be submitted to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within nine (9) months after the end of the audit period.

(c) If any issues related to the Summer Food Service Program are noted in the audit report, and require correction, the department will provide a plan to the Sponsor to correct all said issues. The Sponsor will have thirty (30) calendar days from the date of receipt of this plan to address each issue noted.

(7) Non-Profit Food Service Account. Sponsors must establish and maintain a financial system for accurately identifying program funds, to include:

(a) A separate financial institution account for Summer Food Service Program funds where all income and expenses must be for the benefit of the Summer Food Service Program. Failure to maintain such records shall be grounds for denial of reimbursement for meals served;

(b) The use of balance sheet account numbers and fund and expenditure account numbers for Sponsors subject to the Financial and Program Cost Accounting and Reporting for Florida Schools (2021) Manual, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14862, and by email request to the department at InfoFNW@fdacs.gov, to indicate what income and expenses are for the benefit of the Summer Food Service Program if the account is used for other Child Nutrition Programs as defined in subsection 5P-1.001(3), F.A.C.; or

(c) Sponsors subject to the Uniform Accounting System Chart of Accounts pursuant to Section 218.33(2), F.S., shall use uniform accounting practices and procedures, including fund groups, account codes, object codes, and sub-object codes, to indicate what income and expenses are for the benefit of the Summer Food Service Program if the account is used for any purpose outside of the Summer Food Service Program.

(d) Unallowable expenses charged to the Summer Food Service Program account or improperly coded to the Summer Food Service Program identified by the department, including during the application process, must be repaid to the Summer Food Service Program account or reallocated to a different account number.

(8) Salary Restrictions. Salaries paid to employees who operate and administer the Summer Food Service Program must be based upon hourly rates that are reasonable for the services provided and documented by payroll records.

(a) To ensure compensation is reasonable, Sponsors should ensure salaries are consistent with compensation paid for similar work as reported by the U.S. Department of Labor, Bureau of Labor Statistics (BLS).

(b) The service industry within the BLS most closely aligned with Summer Food Service Program functions is the “Social Assistance” service industry. To establish employee salaries, Sponsors must use the BLS Occupational Employment Estimates for Florida for the following Standard Occupational Classification codes within the Social Assistance industry most closely aligned to the Official Types delineated below and in the Florida Automated Nutrition System’s Budget Module:

1. Occupational Code: 11-1021 ‒ General and Operations Managers; Official Types:

a. Administrator

b. Director

2. Occupational Code: 13-1041 ‒ Compliance Officers; Official Types:

a. Program/Claims Specialist

b. Monitor(s)

3. Occupational Code: 35-1012 ‒ First-Line Supervisors of Food Preparation and Serving Workers; Official Type - Site Supervisors(s)

4. Occupational Code: 35-2012 ‒ Cooks, Institution and Cafeteria; Official Type - Cooks

5. Occupational Code: 35-2021 ‒ Food Preparation Workers; Official Type - Food Service Staff

6. Occupational Code: 37-2011 ‒ Janitors and Cleaners, Except Maids and Housekeeping Cleaners; Official Type - Custodian

7. Occupational Code: 43-3031 ‒ Bookkeeping, Accounting, and Auditing Clerks; Official Type - Bookkeeper

8. Occupational Code: 53-3058 ‒ Passenger Vehicles Drivers, Except Bus Drivers Transit and Intercity; Official Type - Driver

(c) The median hourly salary for each occupational code should be used to determine the maximum salary to be paid to Summer Food Service Program employees.

(d) All salaries paid to Summer Food Service Program employees utilizing Program funds must be adjusted, where necessary, as to not exceed the salary limits. If the Sponsor pays salaries higher than the BLS Occupational Employment Estimates, it must use non-Program funds to pay the additional salary.

(e) The salaries associated with employees who work only a portion of their time for the Summer Food Service Program must be prorated based on the hours worked for the program. In order to establish the portion of costs which may be claimed as program related, a daily log or other valid record must document the amount of time spent by each person on Summer Food Service Program food service duties.

(f) The salary restrictions imposed in this section are not applicable to organizations that are exempt as specified in subparagraph 5P-3.001(1)(a)4., F.A.C.

(9) Consultants. In accordance with 7 CFR 225.15(a)(3), Sponsors may not contract out for the management responsibilities of the Summer Food Service Program.

(a) Fees paid to a consultant for the performance of management responsibilities of the Summer Food Service Program shall be deemed an unallowable expense.

(b) Management responsibilities are described in 7 CFR 225.15.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History‒New 5-2-19, Amended 12-6-22.

Fla. Admin. Code R. 5P-3.003 Procurement Standards

(1) Contracts. All contracts must be issued using the standards outlined in 7 CFR 225.17 and 2 CFR 200, incorporated in Rule 5P-3.001, F.A.C.

(a) All formal solicitations, to include specifications, evaluation criteria, procurement procedures, and proposed contract documents, must be submitted to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, prior to issuance or execution.

(b) The department will examine each Sponsor’s proposed contracts prior to the issuance, if:

1. The Sponsor has a contract with a food service management company; or

2. The Sponsor has any proposed contracts that exceeds $50,000 for public and charter school Sponsors or the simplified acquisition threshold identified in 2 CFR 200.88, incorporated in Rule 5P-3.001, F.A.C., for all other Sponsors.

(c) In lieu of requesting a competitive solicitation, a Sponsor may make purchases at or below specified prices from contracts awarded by other Sponsors when the Sponsor that awarded the contract and the Contractor mutually permit purchases by a Sponsor at the same terms, conditions, and prices (or below such prices) awarded in such contract. Such purchases must meet the following conditions:

1. The purchasing Sponsor must submit the awarded and proposed contracts and written authorization from the Contractor and the Sponsor holding the awarded contract to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within seven (7) calendar days of execution; and

2. Sponsors must conduct a separate procurement to obtain goods and services if the proposed contract results in a material change to the awarding Sponsor’s contract. The department considers a change to be material if it would cause the contractor to bid differently if the prospective change had existed during the solicitation process or if the total cost of the change exceeds the thresholds referenced in subparagraph 5P-3.003(1)(b)2., F.A.C.

(2) Noncompetitive Procurement. Noncompetitive procurement of good and services can only be awarded by a Sponsor if the circumstances in 2 CFR 200.320(c), revised as of January 1, 2021, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14863, and by email request to the department at InfoFNW@fdacs.gov, apply. Noncompetitive agreements shall not be permitted as the underlying agreement in the implementation of the procurement practice described in paragraph 5P-3.003(1)(c), F.A.C. of this rule. Sponsors desiring to award noncompetitively procured contracts must obtain approval from the department prior to entering into the agreement. The department will approve noncompetitively procured contracts under the following circumstances:

(a) Emergency Procurement. Noncompetitive procurement may be utilized when a public exigency or emergency will not permit delay resulting from a competitive procurement. The resulting contract shall not exceed 12 months in duration and must be nonrenewable. When the public exigency or emergency no longer exists, the Sponsor must utilize competitive procurement procedures to establish its contracts.

(b) Inadequate Competition. If, after solicitation of a number of sources, competition is determined inadequate, the Sponsor may award a contract by noncompetitive procurement. In such instances, the Sponsor must maintain documentation of its efforts to solicit bids.

(3) Donations. Sponsors may obtain and use donated food items to meet the meal service requirements outlined in 7 CFR 225.16, incorporated in Rule 5P-3.001, F.A.C., for meal service. Documentation required for the use of donated food items must include:

(a) The Sponsor’s name and Sponsor number;

(b) The name of the person or organization donating food items;

(c) The donor’s physical address;

(d) The donor’s phone number;

(e) The donor’s email address;

(f) The food item(s) being donated, including the quantity and size;

(g) The estimated value of donation; and

(h) A statement certifying that:

1. All information provided in the documentation is true;

2. All donated items listed have been received meet proper sanitation and health standards which conform with all applicable state and local public health requirements and without compensation to the donor;

3. The Sponsor understands the department may verify the information and request additional documentation such as invoices and receipts of the actual purchases from the donor and that the donor has been informed of such conditions; and

4. The Sponsor understands that if false information regarding donations is purposely provided, the Sponsor will be deemed Seriously Deficient and subject to suspension, pursuant to paragraph 5P-1.004(1)(a), F.A.C.

(4) Training. Food service management companies must complete the online food service management company training found at http://FDACS.gov/trainFNW, with eighty (80) percent accuracy or higher, or attend an in-person food service management company training conducted by the department, prior to entering into an agreement for food services. Opportunities to complete the online food service management company training are offered year-round.

(5) Performance Bonds. In accordance with 7 CFR 225.15(m)(6)-(7), incorporated in Rule 5P-3.001, F.A.C., each food service management company that enters into a food service contract for over $100,000 with a Sponsor must obtain a performance bond equal to ten (10) percent of the value of the contract.

(6) Conflicts of Interest. Sponsors must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts and other procurement actions. Sponsors must disclose in writing any potential conflicts of interest to the department.

(a) No employee, officer, or agent of the Sponsor may participate in the selection, award, or administration of a purchase or contract supported by Summer Food Service Program funds if a real or apparent conflict of interest exists.

(b) Such a conflict of interest would arise when the Sponsor’s employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

(c) The Sponsor and the officers, employees, and agents of the Sponsor may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

(d) The Sponsor’s standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Sponsor.

(e) If the Sponsor has a parent, affiliate, or subsidiary organization that is not a local government or Indian tribe, the Sponsor must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest, means that because of relationships with a parent company, affiliate, or subsidiary organization, the Sponsor is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

(f) The Sponsor may not award any contract or make any purchase supported by Summer Food Service Program funds where the Sponsor or an employee, officer, or agent of the Sponsor has a real, apparent, or organizational conflict of interest.

(g) All costs resulting from purchases or contracts selected or awarded in contradiction of this rule are unallowable nonprofit food service account expenses.

(h) The Sponsor will be deemed Seriously Deficient and subject to termination, pursuant to paragraph 5P-1.004(1)(a), F.A.C., for failure to make required disclosures of any potential conflicts of interest. Identification of any real or apparent conflicts of interest or organizational conflicts of interest by the department is cause for termination pursuant to subparagraph 5P-1.004(1)(b)5., F.A.C.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History–New 4-7-19, Amended 12-6-22.

Fla. Admin. Code R. 5P-3.004 Reimbursement Process and Financial Management

(1) Start-up Funds. In accordance with 7 CFR 225.9(a), incorporated in Rule 5P-3.001, F.A.C., the department will not provide startup payments to Sponsors for the Summer Food Service Program.

(2) Advances. The department will make advance payments to Sponsors as requested in the application to assist in meeting operating costs and administrative expenses in accordance with the criteria established in 7 CFR 225.9(c), incorporated in Rule 5P-3.001, F.A.C., and the application deadlines set forth in Rule 5P-3.001, F.A.C. If the Sponsor was declared Seriously Deficient in accordance with paragraph 5P-1.004(1)(a), F.A.C, the Sponsor’s June Claim for Reimbursement must be submitted and accepted by the department prior to the release of advance payments for July, and the July Claim for Reimbursement must be submitted and accepted by the department prior to the release of advance payments for August.

(a) When processing requests for advance payments, the department will take into consideration unused reimbursement, as defined in subsection (9) of this rule, the Sponsor has carried over from the previous year of operations, if applicable. The department will deduct the total amount of unused reimbursement from the year prior to the current year from the total advance requested.

(b) Advance payments to any Sponsor for one month will not exceed $40,000.

(3) Claims. Claims for Reimbursement must only be made by Sponsors operating under written agreement, incorporated in Rule 5P-2.002, F.A.C., with the department. Reimbursements shall not be paid for meals served at a site before the Sponsor has received written notification from the department that the site has been approved for participation in the Summer Food Service Program. If the number of meals claimed for any site is 20% or greater than the site’s average daily participation during the previous program year, a justification must be provided to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, as to why the increase occurred. If the number of meals claimed for any site is 100% greater or more than the site’s average daily participation during the previous program year, a claim validation review will be conducted by the department.

(4) Due Dates. All Sponsors must submit to the department a monthly Claim for Reimbursement online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the form entitled “Summer Nutrition Programs Claim for Reimbursement,” FDACS-02007 Rev. 06/18, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10340, and by email request to the department at InfoFNW@fdacs.gov.

(a) Claim for Reimbursement forms must be postmarked or submitted online to the department not later than thirty (30) calendar days following the last day of the month covered by the claim.

(b) Adjustments on Claims for Reimbursement must be completed and postmarked or submitted online to the department within sixty (60) calendar days of the last day of the claim month. Upward adjustments on Claims for Reimbursement are limited to two adjustments per claim month per Sponsor unless the adjustment results from an Administrative Review or from federally-required or state-imposed audits.

(5) Combined Claims. Sponsors must combine the Claim for Reimbursement as follows:

(a) If the Sponsor operated the program for ten (10) operating days or less in their initial month of operations, the Claim for Reimbursement for the initial month must be combined with the Claim for Reimbursement for the subsequent month;

(b) If the Sponsor operated the program for ten (10) operating days or less in their final month of operations, the Claim for Reimbursement for the final month must be combined with the with the Claim for Reimbursement for the preceding month.

(6) One-Time Exception. Claims for Reimbursement and any adjustments made to Claims for Reimbursement not filed within the prescribed timeframes will not be paid by the department unless otherwise authorized by USDA’s Food and Nutrition Service (FNS) or as provided in paragraph (a) of this subsection.

(a) A Sponsor may only request a one-time exception for late submission of Claims for Reimbursement every thirty-six (36) months. To be granted an exception, Sponsors must submit a corrective action plan online at https://fans.FDACS.gov or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399.

(b) The corrective action plan must include:

1. The reason(s) contributing to the late submission of the claim or upward adjustment of the claim;

2. An outline of the action(s) to be taken to avoid future late submissions;

3. A statement of understanding regarding the frequency of one-time exceptions in paragraph (a) of this subsection; and

4. The signature of an authorized representative.

(7) Inaccurate Claim for Reimbursement. The department’s response to a Sponsor failing to submit an accurate Claim for Reimbursement will be governed by 7 CFR 225.12, incorporated in Rule 5P-3.001, F.A.C., except that the department will recover current fiscal year overpayments from a Sponsor by offsetting future Claims for Reimbursement, to the extent such future Claims for Reimbursement exist. In the event such future Claims for Reimbursement either do not exist or are insufficient to recover such overpayments, the department will recover current fiscal year overpayments utilizing the collection procedures outlined in subsection (8) of this section.

(8) Excess Funds. Pursuant to 7 CFR 225.9(c)(5), previously incorporated in Rule 5P-3.001, F.A.C., Sponsors must repay any advance payments in excess of the total amount filed in the Claims for Reimbursement for the current program year. The department will recover Excess Funds from a Sponsor through direct assessment using the following collection procedures:

(a) The department will make a written demand to the Sponsor for the return of Excess Funds via certified mail, return receipt requested, and will consider this demand received by the Sponsor five (5) calendar days following the date the notice was sent.

(b) If after thirty (30) calendar days from receipt, the Sponsor fails to remit full payment or agree to a satisfactory repayment schedule, a second written demand for the return of Excess Funds shall be sent to the Sponsor by the department via certified mail, return receipt requested.

(c) If after sixty (60) calendar days following the original written demand, the Sponsor fails to remit full payment or agree to a repayment schedule, a third written demand for the return of improper payments shall be sent to the Sponsor by the department via certified mail, return receipt requested. This third demand will contain a due date of ninety (90) calendar days from the date of original demand.

(d) If after ninety (90) calendar days following the original written demand, the Sponsor fails to remit full payment or agree to a repayment schedule, all information pertaining to the debt will be forwarded by the department to the Department of Financial Services for collection.

(9) Unused Reimbursement. If a Sponsor receives more reimbursement than is expended on allowable costs, the Sponsor must use this unused reimbursement to improve the meal service or management of the Summer Food Service Program. Sponsors with unused reimbursement remaining at the end of the program year must submit a statement to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, not later than December 31 of each year, using the form entitled “Summer Food Service Program Unused Reimbursement Certificate,” FDACS-01974 Rev. 01/22, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-14864, and by email request to the department at InfoFNW@fdacs.gov, certifying that all unused reimbursement will be used either as startup funds for or the improvement of the Summer Food Service Program in the subsequent year.

(a) If the Sponsor does not submit the Summer Food Service Program Unused Reimbursement Certificate, FDACS-01974 Rev. 01/22, the Sponsor’s application for the subsequent year’s Summer Food Service Program will not be approved until such certificate is received.

(b) Sponsors may not transfer unused reimbursement to operations that are not related to the Child Nutrition Programs or increase salary or fringe benefit costs when the primary purpose of the transfer or increase is to reduce the Summer Food Service Program balance.

(c) If the Sponsor will not be participating in Summer Food Service Program in the next year, and the Sponsor operates other Child Nutrition Programs, the unused reimbursement must be used towards the Sponsor’s provision of other Child Nutrition Programs. If the Sponsor does not operate any other Child Nutrition Programs and will not be participating in the Summer Food Service Program the next year, then the Sponsor is not required to return the unused reimbursement to the department.

(10) Financial Management. Sponsor must maintain documentation of all revenues received and expenses paid from the nonprofit food service account. All items listed in program invoices and receipts must be allowable program expenses as required in FNS Instruction 796-4 Form FNS-389 (9-88), previously incorporated in Rule 5P-3001, F.A.C.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History-New 5-2-19, Amended 12-6-22.

Fla. Admin. Code R. 5P-3.005 Administrative Reviews

(1) Administrative Review. The department will conduct Administrative Reviews of Sponsors participating in the Summer Food Service Program in accordance with 7 CFR 225.7(d)(2)(ii), incorporated in Rule 5P-3.001, F.A.C., and the 2017 USDA Summer Food Service Program State Agency Monitor Guide, which is hereby adopted and incorporated by reference and available online at: https://www.flrules.org/Gateway/reference.asp?No=Ref-10343, and by email request to the department at InfoFNW@fdacs.gov.

(2) Audits. The department will include currently applicable deficiencies from federally-required audit activity or from any state-imposed audit requirements in the Administrative Review to prevent duplication of effort when or if findings pertain to the reviewed Sponsors or the overall operation of the Summer Food Service Program and are relevant to the review period.

(3) Disregard of Overpayment. In conducting Administrative Reviews for any fiscal year, the department will disregard any overpayment which does not exceed $100, in accordance with 7 CFR 225.10(c), incorporated in Rule 5P-3.001, F.A.C.

(4) State Site Reviews. The department will review food service operations at each site included in the Administrative Review using the form entitled “Summer Food Service Programs State Site Review,” FDACS-01947 Rev. 11/19, which is hereby adopted and incorporated by reference and available online at: https://www.flrules.org/Gateway/reference.asp?No=Ref-14865, and by email request to the department at InfoFNW@fdacs.gov. Should any meals be disallowed at a site for reasons outlined in the 2017 USDA Summer Food Service Program State Agency Monitor Guide, previously incorporated in this rule, the Sponsor must provide documentation showing the disallowed meals were deducted from the Claim for Reimbursement to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, after the meal operation has ended for the month and prior to receiving payment on the Claim for Reimbursement.

(5) Program Records. The Sponsor has a duty to maintain program records as required in the Child Nutrition Programs Agreement, FDACS-01716 Rev. 06/18, incorporated in Rule 5P-2.002, F.A.C. The Sponsor must make available to the department all required program records no later than the close of business on the day of the Exit Conference. The department may grant a one-time extension, per Administrative Review, to the timeframe to provide all required program records by seven (7) calendar days upon written request by the Sponsor when extraordinary circumstances arise, such as temporary site closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor’s control. Documentation will not be accepted for review beyond the date established between the Sponsor and the department. “Program records” means all invoices, receipts, accounting records, financial institution statements, check ledgers, credit card statements, meal count records, meal delivery receipts, budgets, and any other records generated by a Sponsor or vendor during the operation of the Summer Food Service Program.

(6) Claim Validation. Meal counts submitted with the Claim for Reimbursement will be validated using a two-part review process that includes reviewing meal counts taken at the point of service and analyzing program records to determine the accurate number of meals eligible for reimbursement. The Sponsor must provide the following records to the department as required to validate the meal counts submitted with the Claim for Reimbursement:

(a) Beginning and ending inventory for each claim period (month);

(b) Production records for each meal service provided during the claim period;

(c) Receiving reports prepared at sites or wherever food is received from suppliers and signed by receiving personnel (i.e. delivery slips);

(d) Purchase invoices received from food suppliers;

(e) Records of returns, allowances, cash discounts taken, and other credits when they are not reflected on purchase invoices;

(f) Canceled checks or other forms of receipts showing receipt or proof of payment by the Sponsor; and

(g) Records of major inventory adjustments showing the same kinds of information as inventory records.

(h) Sponsors which contract with School Food Authorities or food service management companies to provide all meals, including supplements, must provide billings by site from the School Food Authority or food service management company, less returns, allowances, discounts, and rebates for the meals delivered and evidence that the Sponsor received or paid for the meals.

(7) Review Expansion. The department will expand the scope of the Administrative Review beyond the one month review period when any of the program violations as specified in sub-subparagraph 5P-1.004(a)1.f., F.A.C., noncompliance with the cost principles identified in 2 CFR 200, Subpart E, or conflicts of interest as prohibited by subsection 5P-3.003(6), F.A.C. are identified.

(8) Pre-Exit Debrief. Prior to the exit conference, the department will hold a pre-exit debrief with the Sponsor to discuss the preliminary and tentative program deficiencies that have been identified prior to the completion of the Administrative Review. Program deficiencies preliminarily identified that result in needed corrective action will be addressed during the exit conference. A preliminary and tentative report will be sent via email, not later than the next business day following the pre-exit Debrief.

(9) Exit Conference. The department will hold an exit conference after the completion of the Administrative Review to discuss overall program operations, any program deficiencies observed, the extent of the program deficiencies and the actions needed to correct the program deficiencies. The department will set an appropriate deadline(s) for completion of corrective action based on the type of corrective action to be completed.

(10) Report. The department will provide the Sponsor with an Administrative Review Report.

(a) The Administrative Review Report will include the program deficiencies observed, the needed corrective actions, the deadlines for completion of the corrective action, and the potential fiscal action and accompanying appeal rights.

(b) If the program deficiencies observed include those described in sub-subparagraphs 5P-1.004(1)(a)1.a.-k., F.A.C., the Sponsor will be declared Seriously Deficient.

(c) The Administrative Review Report will be provided within thirty (30) calendar days of the exit conference at the close of the Administrative Review period. The Administrative Review Report will be sent via email to the Sponsor’s email address on record with the department. If requested by the Sponsor at the exit conference, the Administrative Review Report may be sent by regular United States mail. The Administrative Review Report will be deemed received by the Sponsor five (5) calendar days following the date the report was emailed by the department.

(11) Corrective Action. For any program deficiencies identified by the department through an Administrative Review, Sponsors must submit a corrective action plan with supporting documentation to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within thirty (30) calendar days of the date of receipt of the Administrative Review Report. The corrective action plan must include:

(a) Each identified program deficiency;

(b) The corrective action required;

(c) The timeframe by which the corrective action will be, or was completed; and

(d) Documentation to demonstrate corrective action was completed as applicable and as prescribed in the Administrative Review Report.

(12) Extension Requests. The department may extend the timeframe(s) specified to complete the required corrective action(s) upon the written request of Sponsor when extraordinary circumstances arise, such as temporary closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor’s control.

(a) A request to extend the timeframe(s) to complete the required corrective action(s) must be submitted to the department online at https://fans. FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, within seven (7) calendar days of the date of receipt of the Administrative Review Report.

(b) This request must include the following:

1. A justification that demonstrates good cause beyond the Sponsor’s control for why the corrective action plan cannot be submitted by the original completion date. Good cause includes unexpected, temporary closures, natural disasters, extreme weather conditions, or other circumstances beyond the Sponsor’s control, and

2. Specify the Sponsor’s proposed completion date.

(13) Seriously Deficient.

(a) If after thirty (30) calendar days of the date the Sponsor receives the Administrative Review Report, the Sponsor fails to respond to the department regarding the required corrective actions or fails to request an extension of the timeframe in which the corrective actions can be completed, the Sponsor will be deemed Seriously Deficient pursuant to paragraph 5P-1.004(1)(a), F.A.C.

(b) If after thirty (30) calendar days of the date the Sponsor received the Administrative Review Report in which the Sponsor was declared Seriously Deficient, the Sponsor fails to respond to the department regarding the required corrective actions or fails to request an extension of the timeframe in which the corrective actions can be completed, the Sponsor shall be terminated from the Summer Food Service Program pursuant to paragraph 5P-1.004(1)(b), F.A.C.

(14) Department Follow-up Reviews. Follow-up reviews of Sponsors and sites will be conducted:

(a) If the Sponsor is declared Seriously Deficient as a result of an Administrative or Site Review;

(b) If a food safety deficiency is noted during the Administrative or Site Review;

(c) If the number of meals served by a site on any of the five preceding days of operation is 50% or more higher than the number of meals served as observed by the department or its designated representative during a Site Review; or

(d) To ensure that corrective action has been taken as prescribed by the department in the Administrative Review Report.

(e) During the follow-up review, the department shall document its findings on the form entitled “Summer Food Service Programs State Site Review”, FDACS-01947 Rev. 11/19, previously incorporated in this rule. If the department determines that significant, repeated operational issues still exist at the Sponsor level or site level, the Sponsor will be declared Seriously Deficient by the department. A significant operational issue exists if, during the follow-up review, one or more of the following repeat operational issues still exist at the Sponsor level or for at least 50% of the Sponsor sites being reviewed:

1. Failure to count meals at the point of service as prescribed in paragraph 5P-3.002(6)(c), F.A.C., that results in fiscal action exceeding ten (10) percent of the Claim for Reimbursement reviewed with the meal counts submitted during the follow-up review;

2. Failure to maintain program records as prescribed in 7 CFR 225.15(c) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;

3. Noncompliance with meal service times as prescribed in 7 CFR 225.16(c) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;

4. Claiming of reimbursement payments for meals not served as prescribed in 7 CFR 225.12(a) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;

5. Serving of meals that do not meet the meal component or portion size requirements as prescribed in 7 CFR 225.16(d) that results in fiscal action that exceeds the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.;

6. Noncompliance with applicable procurement procedures and contract requirements of 2 CFR 200, previously incorporated in paragraph 5P-1.003(1)(a), F.A.C.;

7. Unallowable expenses charged to the non-profit food service account or improperly coded to the Summer Food Service Program that exceed the $100 overpayment disregard as prescribed in 7 CFR 225.10(c), previously incorporated in Rule 5P-3.001, F.A.C.; or

8. Failure to maintain proper sanitation and health standards in conformance with all applicable State and local laws and regulations.

(f) If a Sponsor is declared seriously deficient during an Administrative or Site Review and is also declared seriously deficient during the follow-up review, or the follow-up review identifies a repeat violation of health, safety and sanitation standards, the Sponsor shall be terminated. While terminated, Sponsors and its principals, including their officers, and directors shall not participate in the Summer Food Service Program to include receiving USDA Foods, conducting business as a contractor, providing consulting services, or obtaining program related funds by any other means.

(15) Ad Hoc Reviews. The department will conduct ad hoc Administrative Reviews, Claim Reviews, Site Visits, or Technical Assistance Visits of a Sponsor’s operation of the Summer Food Service Program at its discretion or when the following circumstances exist:

(a) The department receives a complaint regarding the Sponsor’s operation of the Summer Food Service Program; or

(b) The department identifies unusual data or trends within the Sponsor’s claims for reimbursement and any other information collected by the department about the Sponsor’s operation of the Summer Food Service Program, such as block claiming, substantially higher or substantially lower meal counts, recurrent field trips, duplicative site officials, continual changes to meal service times, or prohibited use of consultants. For the purposes of the Summer Food Service Program, a block claim is a claim with no variation in meal counts, for any single meal type or combination of meal types, for any continuous 3-day period within the claim month.

(16) Food Preparation Facility Inspections. In accordance with 7 CFR 225.7(e), incorporated in Rule 5P-3.001, F.A.C., the department, through an agreement with state or local health departments or other governmental agencies charged with health inspection functions, will conduct meal quality tests, inspections of self-preparation and vended Sponsors’ food preparation facilities, and inspections of food service sites. If these agencies cannot perform such inspections or tests, the department will contract with an independent agency to perform these services.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History–New 5-2-19, Amended 12-6-22.

Fla. Admin. Code R. 5P-3.006 Fiscal Action

(1) Fiscal Action. Fiscal Action is defined as the recovery of overpayment through direct assessment or offset of future Claims for Reimbursement, disallowance of any portion of a Claim for Reimbursement, disallowance of overclaims as reflected in unpaid Claims for Reimbursement, submission of a revised Claim for Reimbursement, and correction of program records to ensure that unfiled Claims for Reimbursement are corrected when filed. Fiscal action also includes disallowance of funds for failure to take corrective action to meet the meal requirements in 7 CFR 225.16(d), incorporated in Rule 5P-3.001, F.A.C., and restoration of the nonprofit food service account from a nonfederal source for unallowable costs pursuant to 2 CFR 200, incorporated in Rule 5P-3.001, F.A.C.

(2) Assessment of Fiscal Action. Fiscal Action must be assessed when program deficiencies include:

(a) Inaccurate meal counting and claiming identified during the Administrative Review occurring at the site or sponsor-level;

(b) Meals that were counted as reimbursable meals, but were ineligible for reimbursement, such as second meals exceeding the two percent (2%) limit and adult meals;

(c) Meals served that were counted as reimbursable meals but were observed to be missing meal components;

(d) Meals that were not supported by program records (e.g., no records or insufficient records were provided);

(e) Meals served at unapproved sites;

(f) Meals served that cannot be validated, or

(g) Identified unallowable costs to the program, embezzlement, willful misapplication of funds, theft, or fraudulent activity.

(3) Recovery of Payment. The department will recover any fiscal action assessed pursuant to subsection (2) of this rule, per the collection procedures outlined in 7 CFR 225.12(b), incorporated in Rule 5P-3.001, F.A.C., and the following procedures:

(a) The department will make a written demand to the Sponsor stating the Fiscal Action assessed via certified mail, return receipt requested. Written demands are deemed received by the Sponsor when it is delivered by certified mail, return receipt (or the equivalent private delivery service). If the written demand is undeliverable, it is considered to be received by the Sponsor five days after being sent to the addressee’s last known mailing address.

(b) If after thirty (30) calendar days following receipt of the written demand, the Sponsor has failed to remit full payment or agree to a satisfactory repayment schedule, a second written demand stating the Fiscal Action assessed will be sent to the Sponsor by the department via certified mail, return receipt requested.

(c) If after sixty (60) calendar days following receipt of the original written demand, the Sponsor fails to remit full payment or agree to a satisfactory repayment schedule, a third written demand stating the Fiscal Action assessed will be sent to the Sponsor by the department via certified mail, return receipt requested. The third demand will contain a due date of ninety (90) calendar days from the date of original demand for the Sponsor to remit full payment or agree to a satisfactory repayment schedule.

(d) If after ninety (90) calendar days following receipt of the original written demand, the Sponsor fails to remit full payment or agree to a satisfactory repayment schedule, the department will begin the procedure for collection of delinquent accounts as set forth in Section 17.20, F. S., the Sponsor will be declared Seriously Deficient, and the department will move to terminate the Sponsor pursuant to paragraph 5P-1.004(1)(a), F.A.C.

(4) Penalties. Failure to comply with the requirements of this rule chapter will result in the penalties prescribed in Rule 5P-1.004, F.A.C., and 7 CFR 225.11(c) and 7 CFR 225.11(f), incorporated in Rule 5P-3.001, F.A.C.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404, 595.501 FS. History–New 4-7-19, Amended 12-6-22.

Fla. Admin. Code R. 5P-3.007 Seamless Summer Option

School Food Authorities currently administering the National School Lunch Program and/or School Breakfast Program participating or desiring to participate in the Seamless Summer Option, as defined in subsection 5P-1.001(31), F.A.C., must meet the standards established by the United States Department of Agriculture as provided in 2 CFR 200, 7 CFR 15, 15a, 15b, 7 CFR 210, 7 CFR 220, 7 CFR 225 and 7 CFR 250 all revised as of January 1, 2021, and which are hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14884, and by email request to the department at InfoFNW@fdacs.gov, Chapter 595, F.S., and this rule chapter.

(1) Participation. Only School Food Authorities administering the National School Lunch Program or School Breakfast Program may participate in the Seamless Summer Option. With department approval, School Food Authorities may sponsor non-school meal sites under the Seamless Summer Option.

(a) School Food Authorities must be able to demonstrate administrative capability and financial viability as specified in subparagraphs 5P-3.001(1)(a)(3)a. and 5P-3.001(1)(a)(3)c., F.A.C., to properly operate the Seamless Summer Option meal service during school vacation periods. School Food Authorities currently in good standing in the National School Lunch Program or School Breakfast Program are not required to submit further evidence of financial and administrative capability. For the purposes of this rule, School Food Authorities are considered to be in good standing if they have been reviewed during the previous 12 months and had no significant operational issues.

(b) The department will deny Seamless Summer Option applications from School Food Authorities that have significant operational issues either in the National School Lunch Program or School Breakfast Program as specified in subparagraphs 5P-2.005(13)(e)1. through 5P-2.005(13)(e)8., F.A.C.

(c) Completion of the Seamless Summer Option training found at http://FDACS.gov/trainFNW with eighty (80) percent accuracy or higher is a prerequisite for approval to participate. Previous participation in the Summer Food Service Program is not a requirement for participating in the Seamless Summer Option.

(d) Applications to participate in the Seamless Summer Option are due May 15 for all School Food Authorities.

(2) Periods of Operation. For schools operating under a traditional school calendar, the months of operation for Seamless Summer Option are May through September when school is not in session and October through April for non-school sites only in response to an unanticipated school closure as specified in subsection 5P-3.001(10), F.A.C. At year-round schools, School Food Authorities may operate the Seamless Summer option during school vacation periods longer than 10 school days. For year-round schools that have vacation periods shorter than 10 school days, the department will waive the 10-day requirement to allow for Seamless Summer Option participation.

(3) Site Eligibility. The site eligibility requirements for the Seamless Summer Option are those specified in 7 CFR part 225, previously incorporated in this rule, and Rule 5P-3.002, F.A.C.

(4) Meal Service. Meals at all approved Seamless Summer Option sites, except for camps, must be served free of charge to all children. School Food Authorities that sponsor camps may charge for the meals served to children who are not eligible to receive free or reduced-price meals.

(a) All persons in the community who are 18 years of age and under and those persons over age 18 who are mentally or physically disabled may receive meals under the Seamless Summer Option.

(b) School Food Authorities offering the Seamless Summer Option must follow the National School Lunch Program and School Breakfast Program meal pattern requirements established in 7 CFR 210.10 and 7 CFR 220.8, respectively, previously incorporated in this rule.

1. School Food Authorities must use the National School Lunch Program meal pattern for lunches established in 7 CFR 210.10, previously incorporated in this rule, when serving supper meals.

2. School Food Authorities operating open and restricted open Seamless Summer Option sites that have difficulty implementing the age grade/group requirement should work with the department to make accommodations, including using a single age/grade group meeting the minimum meal pattern requirements for the most common age/grade group attending the site. All accommodations must have a reasonable justification for the need to deviate from the age/grade group requirement and be added as an addendum to the Child Nutrition Program agreement between the School Food Authority and the department. All other sites that serve an identified group of children, including closed enrolled sites and camps, must follow the meal pattern for each age/grade established in 7 CFR 210.10 and 7 CFR 220.8, previously incorporated in this rule.

3. Seamless Summer Option sites must provide meal accommodations consistent with the policy established in SP 59-2016, Policy Memorandum on Modifications to Accommodate Disabilities in the School Meal Programs, effective September 27, 2016, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14866, and by email request to the department at InfoFNW@fdacs.gov. The competitive food service standards at 7 CFR 210.11, previously incorporated in this rule, do not apply to Seamless Summer Option.

4. Offer versus serve is allowed, but not required at Seamless Summer Option sites.

5. School food authorities participating in the Seamless Summer Option must comply with the requirements of the Buy American provision in the National School Lunch Act as provided in 7 CFR 210.21(d), previously incorporated in this rule.

(c) With department approval, a School Food Authority can serve meals on weekends under the Seamless Summer Option. A School Food Authority that plans to serve weekend meals in the Seamless Summer Option must include this information in its application to the department. Seamless Summer Option sites operating more than five days a week must increase the weekly grains quantity by approximately 20 percent (1/5) to account for each additional operating day.

(d) Meal times for breakfast and lunch must follow the designated times in the National School Lunch Program and School Breakfast Program regulations at 7 CFR 210.10(l) and 7 CFR 220.2(b), previously incorporated in this rule. Breakfast must be served between the hours of 6:00 a.m. and 10:00 a.m. Snacks must be evenly and adequately spaced between other meal service times to minimize food waste and ensure good nutrition practices. Supper meal service may not begin later than 7:00 p.m. (EST). Meal service outside of the designated times must be approved by the department.

(e) In year-round school sites, School Food Authorities must differentiate between meal counts for children receiving meals through the National School Lunch Program and School Breakfast Program during the traditional school calendar and children receiving meals through the Seamless Summer Option during summer and other school vacation periods.

(f) Seamless Summer Option sites are required to notify the department prior to field trips in accordance with paragraph 5P-3.002(6)(e), F.A.C.

(g) All Seamless Summer Option sites must plan for and prepare one meal per child per meal service. Seamless Summer Option sites are allowed to offer eligible children a second breakfast and claim it for reimbursement in accordance with the requirements in 7 CFR 220.9(a), previously incorporated in this rule. Seamless Summer Option sites may not claim second lunches or snacks for reimbursement.

(5) Monitoring. School Food Authorities are required to review each Seamless Summer Option site at least once during its operation. The School Food Authority must review the site’s compliance with meal counting, claiming, menu planning, and food safety requirements.

(a) As set forth in 7 CFR 210.10(a)(3) and 7 CFR 220.8(a)(3), previously incorporated in this rule, schools and non-school sites must keep production records and menu records for the meals they produce, including those offered under the Seamless Summer Option. The production records must allow the department to evaluate how the meals contribute to the required food components or food items. Records for food purchases (e.g. invoices, receipts) are required to document the expenditure of funds from the nonprofit food service account for compliance with determining the proportion of program and non-program food expenditures in relation to revenues.

(b) Edit checks are not required for Seamless Summer Option sites during the period of time that the School Food Authority is operating the sites under the Seamless Summer Option policies. School Food Authorities must ensure that meal counts match actual participation and claims reflect the number of meals served. If a school is operating the National School Lunch Program or School Breakfast Program for academic summer schools, edit checks are required as outlined in 7 CFR 210.8, previously incorporated in this rule.

(6) Reimbursement Rates. Meals served under the Seamless Summer Option are reimbursed at the “free” rates prescribed by the USDA for the National School Lunch Program, afterschool snacks served in afterschool care programs, and for the School Breakfast Program. Supper meals are reimbursed at the National School Lunch Program’s free lunch rate. Camps operating the Seamless Summer Option will only be reimbursed for those meals served to children who are eligible for free or reduced-price school meals at the free rate. Meals served to children at the camp site who are ineligible for free or reduced-price meals are not reimbursable.

(a) Lunches claimed under the Seamless Summer Option will count toward the determination of the School Food Authority’s eligibility for the extra reimbursement differential and the school’s eligibility for the severe need breakfast rate. School Food Authorities certified to receive the performance-based reimbursement in accordance with 7 CFR 210.7(d), previously incorporated in this rule, will receive the additional reimbursement for lunches and suppers served under the Seamless Summer Option.

(b) Claims for reimbursement under the Seamless Summer Option may be combined in accordance with 7 CFR 210.8(c)(1), previously incorporated in this rule. School Food Authorities may not combine June and July claims for reimbursement because of the National School Lunch Program rate change that occurs on July 1.

(7) Administrative Reviews. The department will review at least one Seamless Summer Option site in operation at all School Food Authorities scheduled for an administrative review. The review will be conducted in the summer prior to or following the scheduled administrative review.

(a) The department will schedule administrative reviews during the summer to avoid making a second visit to the Seamless Summer Option site if the school is operating the National School Lunch Program on a year-round basis and both the National School Lunch Program schools and Seamless Summer Options schools will be operating at the time of review.

(b) Seamless Summer Option administrative reviews will be conducted in accordance with Rule 5P-2.005, F.A.C.

(c) The department will conduct ad hoc Administrative Reviews, Claim Reviews, Site Visits, or Technical Assistance Visits of a Sponsor’s operation of the Seamless Summer Option Program if, but not limited to, the following circumstances exist:

1. The department receives a complaint regarding the Sponsor’s operation of the Seamless Summer Option Program; or

2. The department identifies unusual data or trends within the Sponsor’s claims for reimbursement and any other information collected by the department about the Sponsor’s operation of the Seamless Summer Option Program, such as block claiming, substantially higher or substantially lower meal counts, recurrent field trips, duplicative site officials, or continual changes to meal service times.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History‒New 12-6-22.

Fla. Admin. Code R. 5P-3.008 Waiver Requests

(1) Waiver Request Protocol. Sponsors desiring a waiver of a federal statutory or regulatory requirement must submit a waiver request to the department online at https://fans.FDACS.gov, or by mail to 600 S. Calhoun Street (H2), Tallahassee, FL 32399, using the FNS Child Nutrition Program State Waiver Request Template, revised as of 2018, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14867, and by email request to the department at InfoFNW@fdacs.gov.

(a) Each section of the FNS Child Nutrition Program State Waiver Request Template must be completed in order for the waiver request to be considered. A complete waiver request must provide the information required by Section 12(l) of the National School Lunch Act, 42 U.S.C. 1760(l), revised as of January 21, 2020, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14868, and by email request to the department at InfoFNW@fdacs.gov, including:

1. The federal statutory or regulatory requirements that are requested to be waived;

2. A description of the goal of the waiver to improve services under the Summer Food Service Program and the expected outcomes if the waiver is granted; and

3. A description of the impediments to the efficient operation and administration of the program.

(b) The department will submit completed FNS Child Nutrition Program State Waiver Request Templates to the USDA Food and Nutrition Service (FNS) regional office.

(c) The department will publish notice of waiver requests on behalf of the Sponsor prior to sending to FNS by publishing a notice in the Florida Administrative Register (FAR), which is the same manner in which the department usually provides similar notices and information to the public.

(2) Waiver Decisions.

(a) Waivers will be granted or denied by FNS in accordance with 42 USC 1760(1). All responses to waiver requests, including approvals or denials, will be provided by FNS in writing through the department.

(b) When possible, waiver requests should be submitted, at minimum, 60 days prior to Sponsor’s anticipated implementation of the waiver.

(c) Waivers will only be effective for the limited time period stated in the waiver. After the initial waiver period provided by FNS has expired, if the waiver is still needed, Sponsors must request renewal of the waiver through the department. A renewal waiver request will be processed in the same manner as an initial waiver request.

(3) Monitoring and Reporting. The department and FNS will review the performance of Sponsors’ Summer Food Service Program operations under the waiver.

(a) Each request to waive Summer Food Service Program requirements must include proposed data reporting that will enable FNS and the department to assess the effect of the waiver on Summer Food Service Program administration and monitor its impact. At a minimum, reports must include:

1. A summary of the use of the waiver by the Sponsor(s);

2. A description of whether the waiver resulted in improved services to recipients/participants;

3. A description of the impact of the waiver on providing nutritional meals to participants;

4. A description of how the waiver reduced the quantity of paperwork necessary to administer the program; and

5. Any additional information requested in the waiver approval by the department or FNS.

(b) The department and FNS will consider the data reports during the implementation of the waiver by the Sponsor and with any request for renewal of the waiver. Sponsors must adhere to existing applicable monitoring and reporting requirements, as well as those outlined in the waiver approval issued by FNS, to ensure continued operation throughout the approved waiver period. FNS may revoke a Sponsor’s waiver or deny future waiver requests if the Sponsor fails to fulfill the monitoring and reporting requirements.

(4) Waiver Termination. If the department or FNS determines that the waiver leads to deficits in Summer Food Service Program operations or to an increase in the overall cost of the program to the federal government and the increase has not been paid for with non-federal funds, FNS may terminate the waiver as provided in 42 USC 1760(1).

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History‒New 12-6-22.

Fla. Admin. Code R. 5P-3.009 Civil Rights Compliance and Enforcement

(1) Other Federal Requirements. All Sponsors must comply with the following requirements:

(a) Title VI of the Civil Rights Act of 1964, effective July 2, 1964, and incorporated by reference and available online http://www.flrules.org/Gateway/reference.asp?No=Ref-14869;

(b) Americans with Disabilities Act of 1990, effective July 26, 1990, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14870;

(c) American with Disabilities Act Amendment Act of 2008, effective January 1, 2009, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14871;

(d) Title IX of the Education Amendments of 1972, effective June 23, 1972, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14872;

(e) Section 504 of the Rehabilitation Act of 1973, effective September 26, 1973, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14873;

(f) Section 508 of the Rehabilitation Act of 1973, effective in 1998 and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14874;

(g) The Age Discrimination Act of 1975, effective November 28, 1975 and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14875;

(h) The Civil Rights Restoration Act of 1987, effective March 22, 1988 and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14876;

(i) The Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964 at 28 CFR 50.3, effective July 1, 2021, and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14877; and by email request to the department at InfoFNW@fdacs.gov.

(j) USDA’s regulations concerning nondiscrimination in 7 CFR parts 15, 15a,15b and 16 previously incorporated Rule 5P-3.001, F.A.C.

(2) Materials in paragraphs (1)(a)-(i) above may also be obtained by email request to the department at InfoFNW@fdacs.gov.

(3) Sponsors shall also comply with requirements for racial and ethnic participation data collection, public notification of the nondiscrimination policy, and reviews to assure compliance with such policy. No person shall, on the grounds of race, color, national origin, sex (including gender identity and sexual orientation), age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination, or reprisal or retaliation for prior civil rights activity under the Summer Food Service Program.

(4) Complaints. Any person or representative alleging discrimination based on a prohibited basis has the right to file a complaint within 180 days of the alleged discriminatory action by completing and submitting the USDA Program Discrimination Complaint Form (AD-3027 1/19/12 OMB Control Number 0508-0002), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14878, and by email request to the department at InfoFNW@fdacs.gov, by mail to USDA, Office of the Assistant Secretary for Civil Rights, 1400 Independence Ave., S.W., Stop 9410, Washington, D.C. 20250-9410, or by facsimile to 1(833)256-1665.

(a) In the event a complainant makes the allegations verbally or in person, or refuses or is not inclined to place such allegations in writing, the person to whom the allegations are made must write up the elements of the complaint for the complainant. Every effort should be made to have the complainant provide the following information:

1. Name, address, and telephone number or other means of contacting the complainant;

2. The specific location and name of the Sponsor and/or Summer Food Service Program site;

3. The nature of the incident or action that led the complainant to feel discrimination was a factor, and an example of the method of administration that is having a disparate effect on the public, potential eligible persons, applicants, or participants;

4. The basis on which the complainant believes discrimination exists;

5. The names, telephone numbers, titles, and business or personal addresses of persons who may have knowledge of the alleged discriminatory action; and

6. The date(s) during which the alleged discriminatory actions occurred or, if continuing, the duration of such actions.

(b) Complaints of discrimination filed by applicants or participants shall be referred by the department to the Food and Nutrition Service Civil Rights Division (FNS CRD) within five (5) calendars of receipt of the complaint.

(c) Complaints alleging discrimination on the basis of age, regardless of whether other bases of discrimination are alleged, will be referred to the Food and Nutrition Service Civil Rights Division within five (5) working days after receiving the complaint. FNS CRD will refer the complaint to the Federal Mediation and Conciliation Service (FMCS) for mediation within 10 calendar days of initial receipt.

(5) Limited English Proficiency. Sponsors must take reasonable steps to assure meaningful access to the information and services they provide as required in FNS Instruction 113-1 FNS-620 (1-99), incorporated in Rule 5P-3.002, F.A.C. Reasonable steps to assure meaningful access shall be contingent on the following factors:

(a) The number or proportion of persons with Limited English Proficiency eligible to be served or likely to be encountered by the Sponsor’s Summer Food Service Program;

(b) The frequency with which individuals with Limited English Proficiency come in contact with the Sponsor’s Summer Food Service Program;

(c) The nature and importance of the Sponsor’s Summer Food Service Program to people’s lives; and

(d) The resources available to the Sponsor and costs.

(6) Effective Communication. Sponsors must provide aids and services when needed to communicate effectively with applicants, participants, and potentially eligible persons of their program who have communication disabilities to ensure that the persons with a vision, hearing, or speech disability can communicate with, receive information from, and convey information to, the Sponsor unless doing so would result in significant difficulty or expense with regard to the nature and cost of the aid or service relative to the Sponsor’s size, overall financial resources, and overall expenses. If a particular aid or service would result in significant difficulty or expense, the Sponsor must provide another effective aid or service, if possible, that would not result in significant difficulty or expense.

(a) Sponsors are not required to provide any particular aid or service in rare circumstances where it would fundamentally alter the nature of the services provided to the public; however, Sponsors are required to accept telephone calls placed through Telecommunications Relay Service (TRS) and Video Relay Service (VRS), and staff who answer the telephone must treat relay calls just like other calls.

(b) Sponsors must consider the nature, length, complexity, and context of the communication and the person’s normal method(s) of communication as well as that person’s parent, spouse, or companion in appropriate circumstances. The term “companion” includes any family member, friend, or associate of a person seeking or receiving services who is an appropriate person with whom the Sponsor should communicate. Responsibility for providing effective communication, including the use of interpreters, is placed directly on the Sponsor.

(c) Sponsors cannot require a person to bring someone to interpret for him or her. A Sponsor can rely on a companion to interpret in the following situations:

1. In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available; or

2. In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when the individual requests this, the accompanying adult agrees, and reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children. Sponsors may not rely on an accompanying adult to interpret when there is reason to doubt the person’s impartiality or effectiveness.

(d) Sponsors are encouraged to consult with the person with a disability to discuss what aid or service is appropriate. Sponsors may require reasonable advance notice from people requesting aids or services, based on the length of time needed to acquire the aid or service, but may not impose excessive advance notice requirements. “Walk-in” requests for aids and services must also be honored to the extent possible.

(e) Sponsors must provide comprehensive and ongoing training to front line staff regarding the Americans with Disabilities Act (ADA) requirements for communicating effectively with people who have communication disabilities.

(7) Public Notification. Each Sponsor must take specific action to inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation.

(a) Applicants and participants must be advised at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures.

(b) All information materials and sources, including websites, used by the Sponsor to inform the public about the Summer Food Service Program must contain a nondiscrimination statement. At the minimum, the nondiscrimination statement, or a link to it, must be included on the home page of the program information.

(c) Each Sponsor must take the following actions to inform the general public, potentially eligible populations, community leaders, grassroots organizations, and referral sources about the Summer Food Service Program and the applicable Civil Rights requirements:

1. Prominently display the USDA nondiscrimination poster “And Justice for All,” or an FNS approved substitute;

2. Inform potentially eligible persons, applicants, participants, and grassroots organizations (particularly those in underserved populations), of the Summer Food Service Program or changes in the Summer Food Service Program. This includes information pertaining to eligibility, benefits, and services, the location of local facilities or service delivery points, and hours of service. This information shall be communicated by methods such as, but not limited to, internet, newspaper articles, radio and television announcements, letters, leaflets, brochures, computer-based applications, and bulletins;

3. Provide appropriate information, including web-based information, in alternative formats for persons with disabilities;

4. Include the required nondiscrimination statement on all appropriate Summer Food Service Program publications, websites, posters, and informational materials provided to the public; and

5. Convey the message of equal opportunity in all photographic and other graphics that are used to provide Summer Food Service Program or program-related information.

(8) Civil Rights Training. Sponsors are responsible for training their staff who interact with program applicants or participants, and those persons who supervise those staff, must be provided civil rights training on an annual basis. Specific subject matter must include, at a minimum, the collection and use of data, effective public notification systems, complaint procedures, compliance review techniques, resolution of noncompliance, requirements for reasonable accommodation of persons with disabilities, requirements for language assistance, conflict resolution, and customer service.

(9) Data Collection and Reporting. Sponsors must provide for and maintain a system to collect the racial and ethnic data in accordance with 7 CFR 225.7(g), previously incorporated in Rule 5P-3.001, F.A.C., and FNS Instruction 113-1 FNS-620 (1-99), as previously incorporated in rule, to determine how effectively the Summer Food Service Program is reaching potential eligible persons and beneficiaries, identify areas where additional outreach is needed, assist in the selection of locations for compliance reviews, and complete reports as required.

(a) Program applicants or participants may not be required to furnish information on their race or ethnicity. Self-identification by the applicant or participant is the preferred method of obtaining characteristic data.

(b) The number of potentially eligible beneficiaries by racial or ethnic category for the area served by each Sponsor must be determined each year. Data concerning the number of potentially eligible beneficiaries, along with identification of all sources of the information, must be updated annually and maintained on file for 3 years. Sources for obtaining such data include census data or public school enrollment data.

(c) Actual beneficiary data by racial or ethnic category for each site under a Sponsor’s jurisdiction must be collected by the Sponsor each year. Sponsors of residential camps must collect and maintain this information separately for each session of the camp. For all other sites, the Sponsor must count the participating children at least once during the site’s operation.

(d) Once collected, actual beneficiary data shall be maintained on file by the Sponsor. Data, as well as documentation for the data, shall be retained by the Sponsor for the required 3 years. The data and documentation shall be maintained using safeguards that prevent its use for discriminatory purposes. Such safeguards shall include allowing access to program records containing this data only by authorized personnel.

History

• Rulemaking Authority 570.07(23), 595.404(4), 595.404(10) FS. Law Implemented 595.404 FS. History‒New 12-6-22.

Chapter 5P-10 HEALTHY FOOD FINANCING INITIATIVE

Fla. Admin. Code R. 5P-10.001 Definitions

For the purposes of this chapter, the definitions in Section 500.81, F.S. and the following shall apply:

(1) Applicant means a for-profit entity, including a convenience store or a fueling station, or a not-for-profit entity, such as a sole proprietorship, partnership, limited liability company, corporation, cooperative, nonprofit organization, nonprofit community development entity, or private university.

(2) Contractor means a nonprofit organization or Florida-based, federally certified community development financial institution that meets the qualifications provided in Rule 5P-10.002, F.A.C., and enters into a contract with the department.

(3) Financially Sound means the ability to assume full financial risk for loans made under this initiative and having sufficient funds to pay debts and all obligations.

(4) Healthy Food Financing means coordinating the use of grants from any source, federal, state, and private loans from a governmental entity or institutions regulated by a governmental entity, federal tax credits, and other types of financial assistance for the construction, rehabilitation, or expansion of independent grocery stores, supermarkets, community facilities, or other structures to increase access to fresh produce and other nutritious food in underserved communities.

(5) Nonprofit means an organization exempt from income tax under 26 U.S.C. §501(c)(3) of the Internal Revenue Code.

(6) Unused Funds means funds that have never been issued in the form of a loan, have not been leveraged with other resources for the issuance of a loan, or have not been obligated to a qualified project.

History

• Rulemaking Authority 500.81(8), 570.07(23) FS. Law Implemented 500.81 FS. History–New 12-19-17.

Fla. Admin. Code R. 5P-10.002 Contractor Eligibility and Contract Periods

(1) Through competitive bidding pursuant to Chapter 287, F.S., the department will contract with an eligible entity (i.e., Contractor) to administer the Healthy Food Financing Initiative program in accordance with Section 500.81(3)(b)1., F.S. and the criteria set forth in this chapter.

(2) The Contractor must be a:

(a) Financially Sound Nonprofit with at least ten (10) years of experience in offering financing for other Nonprofits, community development organizations, or public-serving for-profit projects and at least two (2) years of experience offering financing for projects designed to increase accessibility to healthy foods in low-income or underserved communities; and,

(b) Florida-based federally certified Community Development Financial Institution able to demonstrate the requirements listed in Sections 500.81(3)(a)1.-4., F.S.

(3) Contract periods and renewals shall be determined as funds are appropriated by the Legislature from the state’s General Revenue Fund for the purpose of this program.

History

• Rulemaking Authority 500.81(8), 570.07(23) FS. Law Implemented 500.81 FS. History–New 12-19-17.

Fla. Admin. Code R. 5P-10.003 Management of Program Funds and Reporting

(1) Program funds shall be granted to the contractor to create a revolving loan fund for the purpose of financing projects during the term of the contract.

(2) The Contractor is authorized to make loans with terms that are amortized for a period in excess of seven (7) years.

(3) The Contractor must report to the department quarterly on the projects funded, the geographic distribution of the projects, the costs of the program, and the outcomes including the number and types of jobs created with a final report due June 30, 2023.

(4) Should the Office of Program Policy Analysis and Government Accountability find the program to be unsuccessful during its review at the end of the initial seven (7) year term of the program, the Contractor must return any unused funds by that time to the department to be reverted back to the state’s General Revenue Fund.

(5) The amount of unused funds to be returned shall be determined by the content of the Contractor’s final report. The department shall invoice the Contractor for all unused funds at the end of the contract period.

History

• Rulemaking Authority 500.81(8), 570.07(23) FS. Law Implemented 500.81 FS. History–New 12-19-17.

Fla. Admin. Code R. 5P-10.004 Applicant Qualifications and Project Eligibility Criteria

(1) Three (3) Applicants will be selected for project financing.

(2) Applicants shall submit a proposal that meets the minimum qualifications specified in Sections 500.81(5)(a)-(c), F.S., to be eligible for project financing through the Contractor.

(3) Proposals are accepted on a continuous basis and shall be submitted via email or mail to the Contractor identified at http://www.FreshFromFlorida.com/HFFI.

(4) Projects selected by the Contractor for financing must meet the minimum qualifications specified in Sections 500.81(6)-(7), F.S.

(a) Should an applicant propose a project within 1,000 feet of an established independent grocery store, independent supermarket, convenience store or other community facility relevant to the applicant’s project, the contractor must provide a right of first refusal to the existing entity for such project.

(b) The 1,000 feet radius shall be measured as the shortest straight line distance from the property line of the existing entity to the property line of the proposed project location.

History

• Rulemaking Authority 500.81(8), 570.07(23) FS. Law Implemented 500.81 FS. History–New 12-19-17.

Division 5G Division of Fruit and Vegetables

Chapter 5G-1 FRUIT AND VEGETABLE INSPECTION

Fla. Admin. Code R. 5G-1.001 Arsenical Spray

(1) Definitions. For the purposes of Sections 601.92 through 601.97, F.S., and this section:

(a) Arsenical spray or its derivatives means arsenic found on or in the leaves or branches of bearing citrus trees, or on or in citrus fruit and is there by virtue of the use of fertilizer, spray or dust, either as a liquid or means the point of origin of powder, or in any other form.

(b) Citrus fruit inspectors mean the Commissioner of Agriculture, Chief Laboratory Inspector, the State Chemist, the Assistant State Chemist, all citrus fruit inspectors or other persons designated and authorized by the Commissioner of Agriculture for enforcement of Sections 601.92 through 601.97, F.S.

(2) Grove inspection.

(a) Foliage. Citrus fruit inspectors may conduct the inspection of groves by taking representative samples of foliage from citrus fruit trees to determine whether or not the spray or dust or other insecticides used have had mixed therein arsenic in any form. Should it be found upon field testing that arsenic is present on the foliage of any grove or portion thereof, a sample of foliage shall be sent to the Department of Agriculture and Consumer Services Laboratory in Winter Haven for laboratory analysis, said sample to be accompanied by the report of the inspector showing name and location of the grove, the name and address of the owner of the grove, the packer, shipper or person in charge of the grove.

(b) Fruit. In case arsenic is found to be present on the foliage of a grove, inspectors should make proper sampling of the fruit from such grove to determine the presence of arsenic. Inspectors may take samples of citrus fruit from any grove as to which there is information that foliage therein contains arsenic. If upon such sampling, analysis of the fruit shows it contains arsenic in any form, the owner or agent in charge of the grove will be notified accordingly by the Commissioner of Agriculture or his authorized agents. Such owner or agent in charge of the grove shall henceforth be responsible for the fruit therein not being removed or severed from the trees in said grove, and before such fruit is so picked or severed, reasonable notice of such intention so to do shall be given the Commissioner who shall then give such orders and direction with respect thereto as he may be advised. Upon final sampling of the fruit from any grove wherein arsenic has been found on the trees therein the owner or agent therefor shall have the right to an analysis by a referee chemist upon one-half of the sample of fruit taken by an inspector in the presence of the owner of the fruit or such person as may be designated by him. If the report of the referee chemist shows the fruit to contain arsenic in violation of Sections 601.92 through 601.97, F.S., and this section, the owner or custodian of the fruit shall immediately destroy the same under the supervision of the Commissioner or his authorized agents and a record thereof be filed with the Commissioner at Winter Haven.

(3) Samples taken and seizures made at packing house. Inspectors are authorized, and it becomes their duty, when information is received by them that any lot of fruit has been received in a packing house and such fruit is from a grove where arsenic has been used, to take samples for arsenic determination and seize such lot of fruit wherever found in such packing house and shall forward the said samples to the Commissioner of Agriculture at Winter Haven or to the chemist authorized to analyze fruit for arsenic, and the Inspector shall hold the lot of fruit in question until chemist’s report is received and it is the duty of the manager or foreman of such packing house to furnish the inspector with the lot number, the number of field boxes in the lot, the name of the grove from which picked, the location in the packing house, and a statement that the lot of fruit will be held subject to the report of the chemist making the analysis.

(4) Making and reporting analysis. Upon receipt of sample of citrus fruits for arsenic determination, the chemist shall make such analysis with all proper haste to report his findings immediately to the Commissioner or to the inspector making the seizure. The report must be made within ninety-six (96) hours from time of seizure.

(5) How appeals may be taken. Should any person whose fruit has been analyzed and found to contain arsenic desire to appeal from the findings of the chemist employed by the Commissioner of Agriculture, and shall demand another analysis, the retained portion of the sample, held by the chemist employed by the Commissioner of Agriculture, shall be immediately sent for analysis to some reputable chemist upon whom the State Chemist or chemist employed by the Commissioner of Agriculture and the person demanding the analysis shall agree. Such analysis is to be made at the expense of the person requesting the analysis. The certificate of analysis of the chemist making the analysis or referee chemist in case of appeal when properly verified by affidavit of the chemist making such analysis, shall be “prima facie” evidence in any court of law or equity in this State.

History

• Rulemaking Authority 601.29(1), 601.97 FS. Law Implemented 601.92, 601.93, 601,94, 601.95, 601.96, 601.97 FS. History–New 12-31-74, Formerly 5G-1.01.

Fla. Admin. Code R. 5G-1.002 Inspection Fees, Amounts

History

• Rulemaking Authority 527.29(1), 601.28(2), (3), 570.07(5) FS. Law Implemented 601.28(1), (2), (3) FS. History–New 1-1-75, Formerly 5G-1.02, Repealed 1-1-75.

Fla. Admin. Code R. 5G-1.003 Methods of Paying Citrus Inspection Fees

Citrus inspection fees shall be due upon the inspection of citrus fruit and the canned and concentrated products thereof and shall be paid weekly to the Commissioner of Agriculture and persons paying fees shall do so in the following manner:

(1) Notify the Commissioner of Agriculture of their intention at least ten (10) days prior to the time they expect inspection service.

(2) Furnish the Commissioner with a good and sufficient cash or surety bond, executed by a Surety Company authorized to execute such bonds in the State of Florida, on a form approved by the Commissioner.

(3) The amount of bond shall be based on the number of standard boxes of citrus fruit the person or firm expects to handle during the season as follows:

1 to 250,000 boxes

$1,000.00bond

250,000 to 500,000 boxes

2,000.00bond

500,000 to 1,000,000 boxes

4,000.00bond

1,000,000 to 2,000,000 boxes

6,000.00bond

2,000,000 to 5,000,000 boxes

8,000.00bond

5,000,000 Upward

10,000.00bond

(4) Promptly remit to the Commissioner of Agriculture each week the amount due for inspection fees as shown on the weekly statements, to be compiled by the Fruit and Vegetables Division and furnished to those liable for the payment of inspection fees.

(5) Indicate the payment of fees on all certificates by the impression of a rubber stamp bearing the name of the shipper or canner as it appears on the face of the certificate and the statement “Inspection Fees Guaranteed to Commissioner of Agriculture.”

History

• Rulemaking Authority 601.29(1), 601.28(2),(3), 570.07(5) FS. Law Implemented 601.28(1),(2),(3) FS. History–New 1-1-75, Repromulgated 12-31-74, Formerly 5G-1.03.

Fla. Admin. Code R. 5G-1.004 Unlawful Transportation and Sale of Uninspected Fresh Citrus Fruit

(1) Arrest, appearance bond and prosecution. Any person who transports outside the boundaries of the production area as defined in federal marketing order 905 any fresh citrus fruit subject to any regulations issued by the secretary of the United States Department of Agriculture under the authority and provisions of the Agricultural Marketing Agreement Act of 1939, as amended, which is not accompanied by a certificate of inspection and maturity, certifying that said citrus fruit meets the requirements of the regulations issued by the secretary of the United States Department of Agriculture then in effect, and signed by a duly authorized inspector of the Department of Agriculture and Consumer Services or a permit issued by the Department of Citrus pursuant to the provisions of Section 601.50, F.S., and Department or Citrus Regulation 105-1.11, is subject to the legal processes of arrest, posting of appearance bond, and prosecution under the provisions of Section 601.46, F.S.

(2) Exemption for personal use. As an exemption to prosecution, each person may transport outside the boundaries of the production area for his personal use an amount of uninspected or unpermitted fresh citrus fruit as established by regulations of the secretary of the United States Department of Agriculture.

(3) Disposition of uninspected or unpermitted fruit. Uninspected or unpermitted fresh citrus fruit that is transported without certificate of inspection and maturity or permit may be disposed of under the supervision of an inspector of the Road Guard Bureau of the Department of Agriculture and Consumer Services upon the execution of a statement furnished by the Department of Agriculture and Consumer Services and witnessed by an inspector of the Road Guard Bureau, in the following manner:

(a) Returned by the owner or transporter at his expense to the point of origin or other approved fruit inspection station for inspection by an authorized fresh citrus fruit inspector of the Department of Agriculture and Consumer Services, or for the purpose of obtaining a refund of purchase price from the seller, in which case the owner or transporter will advise the supervisor of the Road Guard Bureau of his point of exit from the production area.

(b) Donated to a charitable or state institution or to a public or private school.

(c) By destruction within the production area upon approval of an inspector of the Road Guard Bureau of the Department of Agriculture and Consumer Services in a manner consistent with state pollution control laws.

History

• Rulemaking Authority 601.29(1) FS. Law Implemented 601.46, 601.51 FS. History–New 3-1-73, Repromulgated 12-31-74, Formerly 5G-1.04.

Fla. Admin. Code R. 5G-1.005 Unlawful Transportation of Uninspected Tomatoes, Avocadoes or Limes

(1) Arrest, appearance bond and prosecution. Any person who transports outside the boundaries of the production area any tomatoes, avocadoes or limes, when subject to any regulations issued by the secretary of the United States Department of Agriculture under the authority and provisions of the Agricultural Marketing Agreement Act of 1937, as amended, which are not accompanied by a certificate of inspection, certifying that the said tomatoes, avocadoes or limes meet the requirements of any regulations issued by the secretary of the United States Department of Agriculture then in effect, signed by a duly authorized inspector of the Department of Agriculture and Consumer Services, is subject to the legal processes of arrest, posting of appearance bond and prosecution under the provisions of Section 603.151, F.S.

(2) Exemption for personal use. As an exemption to prosecution, each person may transport outside the boundaries of the regulated area for his personal use an amount of uninspected tomatoes, avocadoes or limes established by regulations of the secretary of the United States Department of Agriculture.

(3) Disposition of tomatoes, avocadoes or limes not accompanied by certificate of inspection. Tomatoes, avocadoes or limes that are being transported without being accompanied by a valid certificate of inspection when subject to regulations issued by the secretary of the United States Department of Agriculture may be disposed of by one of the following methods:

(a) Returned by the owner or transporter at his expense to the point of origin or other approved fruit inspection station for inspection by an authorized inspector of the Department of Agriculture and Consumer Services for certification of compliance with all regulations of the secretary of the United States Department of Agriculture then in effect. In such case, the owner or transporter, following inspection, will advise the supervisor of the Road Guard Bureau of the inspection station he will exit the regulated area.

(b) Donated to a charitable or state institution or to a public or private school.

(c) By destruction within the regulated area upon approval of an inspector of the Road Guard Bureau of the Department of Agriculture and Consumer Services in a manner consistent with state pollution control laws.

History

• Rulemaking Authority 603.151 FS. Law Implemented 603.151 FS. History–New 3-1-73, Repromulgated 12-31-74, Formerly 5G-1.05, Amended 7-6-89.

Chapter 5G-2 CITRUS FRUIT DEALERS' CERTIFICATE OF DEPOSIT

Fla. Admin. Code R. 5G-2.001 Purpose

This rule establishes procedures for utilizing interest bearing certificates of deposit in lieu of surety bonds required by Section 606.61, F.S.

History

• Rulemaking Authority 601.29(1) FS. Law Implemented Chapter 78-100, Laws of Florida, 601.61 FS. History–New 11-23-78, Formerly 5G-2.01.

Fla. Admin. Code R. 5G-2.002 Definition

A certificate of deposit is an interest bearing certificate of deposit deposited by a citrus fruit dealer in a national or Florida chartered bank or a savings and loan association which shall be assigned to the Department of Agriculture and Consumer Services and shall be in lieu of a surety bond as required in Section 601.61, F.S.

History

• Rulemaking Authority 601.29(1) FS. Law Implemented 601.61 FS. Chapter 78-100, Laws of Florida. History–New 11-23-78, Formerly 5G-2.02.

Fla. Admin. Code R. 5G-2.003 Procedures for Utilizing Certificates of Deposit in Lieu of Surety Bonds

(1) A prospective licensed citrus fruit dealer wishing to post a certificate of deposit in lieu of a surety bond in connection with the issuance of a citrus fruit dealer’s license, shall purchase such certificate in an amount to be determined according to the criteria as set forth in Section 2 of Chapter 78-100, Laws of Florida.

(2) The certificate of deposit shall have the same face principal value as if a surety bond had been posted.

(3) No certificate of deposit shall be submitted with an application for a citrus fruit dealer’s license unless the amount of such certificate is fully insured by the appropriate Federal Insurance Corporation.

(4) Any certificate of deposit offered in connection with an application for a citrus fruit dealer’s license shall be issued either by a national or Florida chartered bank or savings and loan association.

(5) The proposed certificate of deposit shall be issued in the name of the prospective licensed citrus fruit dealer and Adam H. Putnam, Commissioner of Agriculture of the State of Florida, and his successors in office.

(6) The applicant for a citrus fruit dealer’s license shall present with the certificate of deposit an assignment of such applicant’s interest in the certificate in favor of Adam H. Putnam, Commissioner of Agriculture of the State of Florida, and his successors in office, on the form to be provided by the Department of Agriculture and Consumer Services. Such assignment shall be irrevocable for the period ending no sooner than May 2 of the year following the end of the citrus shipping season for which the applicant’s citrus fruit dealer’s license is to be issued, and shall continue at least until all claims against the dealer for the season in question have been disposed of. The certificate of deposit may be re-assigned by the Commissioner of Agriculture to such dealer providing that no claims have been filed within the period ending May 1st of the year following the end of the citrus shipping season for which the license has been issued.

The conditions of the assignment from the applicant to the Commissioner of Agriculture shall be that if the applicant is subsequently issued a citrus fruit dealer’s license, such dealer shall well and truly comply with the provisions of the Florida Citrus Code, and with the terms and conditions of all contracts made with such dealer by producers and other citrus fruit dealers as to the purchase, handling, sale and accounting for sales of citrus fruit, and that if such dealer shall fully account for the proceeds of any citrus fruit contracted for in accordance with the terms and conditions of contracts with producers, and shall fully account to citrus fruit dealers for any advance payments or deposits made, and shall deliver all citrus fruit contracted for in accordance with the terms of contracts with such citrus fruit dealers, then the certificate of deposit subject of such assignment shall be re-assigned by the Commissioner of Agriculture to the dealer, otherwise to remain in full force and effect.

(7) All interest accruing on any certificate of deposit in lieu of a surety bond in connection with Section 601.61, F.S., shall be paid to the dealer and the dealer shall register his federal employer tax number or other federal tax identification number with the financial institution issuing such certificate.

(8) A separate certificate of deposit for the amount of the bond otherwise called for must be assigned to the Commissioner of Agriculture for each citrus shipping season for which the applicant applies for a citrus fruit dealer’s license.

History

• Rulemaking Authority 601.29(1) FS. Law Implemented 601.61 FS., Chapter 78-100, Laws of Florida. History–New 11-23-78, Formerly 5G-2.03.

Fla. Admin. Code R. 5G-2.004 Assignment of Certificate of Deposit

The assignments of certificate of deposit to Adam H. Putnam, Commissioner of Agriculture of the State of Florida and his successors in office shall be in the form prescribed as follows:

ASSIGNMENT

The undersigned co-owner of Certificate No. _____, issued by _____, a _____ chartered _____, whose address is _____, in the City of _____, State of Florida, hereby assigns all of his right, title and interest in such certificate of deposit to Adam H. Putnam, Commissioner of Agriculture of the State of Florida, and his successors in office.

This assignment is made in compliance with Section 601.61, F.S., pursuant to the application of the assignor hereof for a citrus fruit dealer’s license for the 19 - citrus shipping season, as defined by Chapter 601, F.S.

This assignment shall be irrevocable and the assignee hereof is hereby empowered to redeem such certificate of deposit to pay any valid claim determined by the assignee hereof to be due against the assignor-licensed citrus fruit dealer during the aforementioned citrus shipping season.

In the event that the assignor-licensed citrus fruit dealer shall well and truly comply with the provisions of the Florida Citrus Code and with the terms and conditions of all contracts, verbal or written, made by the assignor with producers or with other citrus fruit dealers relative to the purchase, handling, sale and accounting for payments of citrus fruit, and if such dealer shall fully account for the proceeds of any citrus fruit contracted for in accordance with the terms of contracts with producers and shall fully account to other citrus fruit dealers for any advance payments or deposits made, and shall deliver all citrus fruit contracted for in accordance with the terms of contracts with such other citrus fruit dealers, then and in these events the assignee shall assign all of assignee’s right, title and interest to assignor.

---

Co-Owner of above

certificate of deposit

No. ________________

S/S. or Id. No. ________________

WITNESSED BY:

---

---

History

• Rulemaking Authority 601.29(1) FS. Law Implemented 601.61 FS., Chapter 78-100, Laws of Florida. History–New 11-23-78, Formerly 5G-2.04.

Chapter 5G-3 FLORIDA UNIFORM STANDARDS FOR GRADES OF FLORIDA GROWN FRESH TOMATOES

Fla. Admin. Code R. 5G-3.001 Purpose

This rule chapter establishes uniform standards for grades of Florida grown fresh tomatoes.

History

• Rulemaking Authority Chapter 80-12, Laws of Florida, 570.56 FS. Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.01.

Fla. Admin. Code R. 5G-3.002 Grades

(1) “Florida No. 1” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

1. Similar varietal characteristics;

2. Mature;

3. Not overripe or soft;

4. Clean;

5. Well developed;

6. Fairly well formed; and

7. Fairly smooth.

(b) Free from:

1. Decay;

2. Freezing injury; and

3. Sunscald.

(c) Not damaged by any other cause.

(d) For tolerances see subsection 5G-3.005(1), F.A.C.

(2) “Florida Combination” consists of a combination of Florida No. 1 and Florida No. 2 Tomatoes, provided that at least 60 percent, by count, meet the requirements of Florida No. 1 grade. For tolerances see subsection 5G-3.005(2), F.A.C.

(3) “Florida No. 2” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

1. Similar varietal characteristics;

2. Mature;

3. Not overripe or soft;

4. Clean;

5. Well developed;

6. Reasonably well formed; and

7. Not more than slightly rough.

(b) Free from:

1. Decay;

2. Freezing injury; and

3. Sunscald.

(c) Not seriously damaged by any other cause.

(d) For tolerances see subsection 5G-3.005(3), F.A.C.

(4) “Florida No. 3” consists of tomatoes which meet the following requirements:

(a) Basic requirements:

1. Similar varietal characteristics;

2. Mature;

3. Not overripe or soft;

4. Clean;

5. Well developed; and

6. May be misshapen.

(b) Free from:

1. Decay; and

2. Freezing injury.

(c) Not seriously damaged by sunscald.

(d) Not very seriously damaged by any other cause.

(e) For tolerances see subsection 5G-3.005(4), F.A.C.

History

• Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of Florida, Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.02.

Fla. Admin. Code R. 5G-3.003 Size

(1) The size of tomatoes packed in any type container, when specified according to the size designations set forth in Table I, shall be within the ranges of diameters specified for the respective designations.

TABLE I

Inches

Millimeters

Minimum

Maximum

Minimum

Maximum

Size Designation

Diameter2

Diameter3

Diameter2

Diameter3

Extra Small

1 28/32

2 4/32

48

54

Small

2 3/32

2 9/32

53

58

Medium

2 7/32

2 17/32

56

64

Large

2 15/32

2 28/32

63

73

Extra Large

2 26/32

–

71

–

2 Will not pass through a round opening of the designated diameter when tomato is placed with the greatest transverse diameter across the opening.

3 Will pass through a round opening of the designated diameter in any position.

(2) In determining compliance with the size designations the measurement for minimum diameter shall be the largest diameter of the tomato measured at right angles to a line from the stem end to the blossom end. The measurement for maximum diameter shall be the smallest dimension of the tomato determined by passing the tomato through a round opening in any position.

(3) In lieu of specifying size according to the above size designations, the size of tomatoes in any type container may be specified in terms of minimum diameter or of minimum and maximum diameters expressed in whole inches and not less than thirty-second inch fractions thereof or millimeters, in accordance with the facts. For tolerances see subsection 5G-3.005(5), F.A.C.

History

• Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.03.

Fla. Admin. Code R. 5G-3.004 Color Classification

(1) The following terms may be used, when specified in connection with the grade statement, in describing the color as an indication of the stage of ripeness of any lot of mature tomatoes of a red fleshed variety:

(a) Green. – “Green” means that the surface of the tomato is completely green in color. The shade of green color may vary from light to dark;

(b) Breakers. – “Breakers” means that there is a definite break in color from green to tannish-yellow, pink or red on not more than 10 percent of the surface;

(c) Turning. – “Turning” means that more than 10 percent but not more than 30 percent of the surface, in the aggregate, shows a definite change in color from green to tannish-yellow, pink, red, or a combination thereof;

(d) Pink. – “Pink” means that more than 30 percent but not more than 60 percent of the surface, in the aggregate, shows pink or red color;

(e) Light red. – “Light red” means that more than 60 percent of the surface, in the aggregate, shows pinkish- red or red, provided that not more than 90 percent of the surface is red color; and

(f) Red. – “Red” means that more than 90 percent of the surface, in the aggregate, shows red color.

(2) Any lot of tomatoes which does not meet the requirements of any of the above color designations may be designated as “Mixed Color”. For tolerances see subsection 5G-3.005(6), F.A.C.

(3) Tomato color standards U.S.D.A. Visual Aid TM-L-1 consists of a chart containing twelve color photographs illustrating the color classification requirements, as set forth in this section. This visual aid may be examined in the offices of the Division of Fruit and Vegetable Inspection, 500 3rd Street N.W., Florida Citrus Building, Winter Haven, Florida 33880; in the Fruit and Vegetable Division, AMS, U. S. Department of Agriculture, South Building, Washington, D.C. 20250: in any field office of the Fresh Fruit and Vegetable Inspection Service; or upon request of any authorized inspector of such Service. Duplicates of this visual aid may be purchased from The John Henry Co., Post Office Box 1410, Lansing, Michigan 48904.

History

• Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.04.

Fla. Admin. Code R. 5G-3.005 Tolerances

In order to allow for variations incident to proper grading and handling in each of the foregoing grades, the following tolerances, by count, are provided as specified:

(1) Florida No. 1. –

(a) For defects at shipping point.1 – Ten percent for tomatoes in any lot which fail to meet the requirements for this grade, provided that not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and

(b) For defects en route or at destination. – Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade, provided that included in this amount not more than the following percentages shall be allowed for defects listed:

1. Five percent for tomatoes which are soft or affected by decay;

2. Ten percent for tomatoes which are damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and

3. Ten percent for tomatoes which are otherwise defective, and provided further that not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(2) Florida Combination. –

(a) For defects at shipping point.1 – Ten percent for tomatoes in any lot which fail to meet the requirements of the Florida No. 2 grade, provided that not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including 1 percent for tomatoes which are soft or affected by decay; and

(b) For defects en route or at destination. – Fifteen percent for tomatoes in any lot which fail to meet the requirements of the Florida No. 2 grade, provided that included in this amount not more than the following percentages shall be allowed for defects listed:

1. Five percent for tomatoes which are soft or affected by decay;

2. Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and

3. Ten percent for tomatoes which are otherwise defective, and provided further that not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(3) Florida No. 2. –

(a) For defects at shipping point.1 – Ten percent for tomatoes in any lot which fail to meet the requirements of this grade, provided that not more than one-half of this tolerance, or 5 percent, shall be allowed for defects causing very serious damage, including therein not more than 1 percent for tomatoes which are soft or affected by decay; and

(b) For defects en route or at destination. – Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade provided that included in this amount not more than the following percentages shall be allowed for defects listed:

1. Five percent for tomatoes which are soft or affected by decay;

2. Ten percent for tomatoes which are seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and

3. Ten percent for tomatoes which are otherwise defective and provided further that not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes. The shipment in producing area.

(4) Florida No. 3. –

(a) For defects at shipping point.1 – Ten percent for tomatoes in any lot which fail to meet the requirements of this grade, provided that not more than one-half of this tolerance, or 5 percent, shall be allowed for tomatoes which are very seriously damaged by insects and not more than one-tenth of the tolerance, or 1 percent, for tomatoes which are soft or affected by decay; and

(b) For defects en route or at destination. – Fifteen percent for tomatoes in any lot which fail to meet the requirements for this grade, provided that included in this amount not more than the following percentages shall be allowed for defects listed:

1. Five percent for tomatoes which are soft or affected by decay;

2. Ten percent for tomatoes which are very seriously damaged by shoulder bruises or by discolored or sunken scars on any parts of the tomatoes; and

3. Ten percent for tomatoes which are otherwise defective, and provided further that not more than 5 percent shall be allowed for tomatoes which are very seriously damaged by any cause, exclusive of soft or decayed tomatoes.

(5) For off size. Ten percent for tomatoes in any lot which are smaller than the specified minimum diameter, or larger than the specified maximum diameter.

(6) For off color. Ten percent for tomatoes in any lot which fail to meet the color specified, including therein not more than 5 percent for tomatoes which are green in color, when any term other than “Green” is specified.

1Shipping point, as used in these standards, means the point of origin of the shipment in producing area.

History

• Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.05.

Fla. Admin. Code R. 5G-3.006 Application of Tolerances

The contents of individual packages in the lot, based on sample inspection, are subject to the following limitations:

(1) For packages which contain more than 5 pounds (2.27 kg), and a tolerance of 10 percent or more is provided, individual packages shall have not more than 1 1/2 times the tolerance specified, and for a tolerance of less than 10 percent individual packages shall have not more than double the tolerance specified, except that at least one defective and one off size specimen may be allowed in any package provided that the averages for the entire lot are within the tolerances specified for the grade; and

(2) For packages which contain 5 pounds (2.27 kg) or less individual packages shall have not more than 4 times the tolerance specified, except that at least one tomato which is soft, or affected by decay, and one off-size specimen may be permitted in any package provided that the averages for the entire lot are within the tolerances specified for the grade.

History

• Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.06.

Fla. Admin. Code R. 5G-3.007 Standard Weight

(1) When packages are marked to a net weight of 15 pounds (6.80 kg) or more, the net weight of the contents shall not be less than the designated net weight and shall not exceed the designated weight by more than 2 pounds (0.91 kg).

(2) In order to allow for variations incident to proper sizing, not more than 15 percent, by count, of the packages in any lot may fail to meet the requirements for standard weight.

History

• Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.07.

Fla. Admin. Code R. 5G-3.008 Definitions

When used in the context of this rule chapter, the following terminology is defined as follows:

(1) “Similar varietal characteristics’ means that the tomatoes are alike as to firmness of flesh and shade of color (for example, soft-fleshed, early maturing varieties are not mixed with firm-fleshed, midseason or late varieties, or bright red varieties mixed with varieties having a purplish tinge).

(2) “Mature” means that the tomato has reached the stage of development which will insure a proper completion of the ripening process, and that the contents of two or more seed cavities have developed a jelly-like consistency and the seeds are well developed.

(3) “Soft” means that the tomato yields readily to slight pressure.

(4) “Clean” means that the tomato is practically free from dirt or other foreign material.

(5) “Well developed” means that the tomato shows normal growth. Tomatoes which are ridged and peaked at the stem end, contain dry tissue, and usually contain open spaces below the level of the stem scar, are not considered well developed.

(6) “Fairly well formed” means that the tomato is not more than moderately kidney-shaped, lop-sided, elongated, angular, or otherwise moderately deformed.

(7) “Fairly smooth” means that the tomato is not conspicuously ridged or rough.

(8) “Damage” means any specific defect described in Rule 5G-3.009, F.A.C., Table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the tomato.

(9) “Reasonably well formed” means that the tomato is not decidedly kidney-shaped, lop-sided, elongated, angular, or otherwise decidedly deformed.

(10) “Slightly rough” means that the tomato is not decidedly ridged or grooved.

(11) “Serious damage” means any specific defect described in Rule 5G-3.009, F.A.C., Table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the tomato.

(12) “Misshapen” means that the tomato is decidedly kidney-shaped, lop-sided, elongated, angular or otherwise decidedly deformed provided that the shape is not affected to an extent that the appearance or the edible quality of the tomato is very seriously affected.

(13) “Very serious damage” means any specific defect described in Rule 5G-3.009, F.A.C., Table II; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which very seriously detracts from the appearance, or the edible or marketing quality of the tomato.

History

• Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.08.

Fla. Admin. Code R. 5G-3.009 Classification of Defects

TABLE II

REFERENCES TO AREA, AGGREGATE AREA, LENGTH OR AGGREGATE LENGTH ARE BASED ON A TOMATO HAVING DIAMETER OF 2-1/2 INCHES (64 MM)1

Factor

Damage

Cuts and broken skins

Not shallow or not well healed, or shallow, well healed, cut

more than 1/2 inches (13mm) in length, or other shallow,

well healed skin breaks aggregating more than a circle 3/8

inches (10mm) in diameter.

Puffiness

Open space in 1 or more locules materially detracts from

appearance of tomato cut through center at right angles to

a line from stem to blossom end.

Catfaces

Scars are rough or deep, channels are very deep or wide,

channels extend into a locule, or a fairly smooth catface

aggregating more than a circle 1/2 inch (13mm) in

diameter.

Scars (other than catfaces).

No depth and aggregating more than a circle 3/8 in.

(10mm) in diameter.

Growth cracks (radiating from or concentric to stem scar).

Not well healed, more than 1/8 inches (3mm) in depth,

individual radial cracks not more than 1/2 inches (13mm)

in length, aggregate length of all radial cracks more than 1

inch (25 mm) measured from edge of stem scar. Any lot of

tomatoes which are at least turning may have cracks which

are not well healed provided they are not leaking.

Hail

Deep, rough, not well healed and corked over, or fairly

smooth, shallow hailmarks aggregating more than a circle

3/8 inch (10mm) in diameter.

Insect injury

Materially detracts from the appearance or any insect is

present in the fruit.

Factor

Serious damage

Cuts and broken skins

Not shallow or not well healed, or shallow, well healed cut

more than 1/2 inch (13mm) in length, or other shallow,

well healed skin breaks aggregating more than a circle 1/2

inch (13mm) in diameter.

Puffiness

Open space in 1 or more locules seriously detracts from

appearance of tomato cut through center at right angles to

a line from stem to blossom end.

Catfaces

Scars are rough or deep, channels are very deep or wide,

channels extend into a locule, or a fairly smooth catface

aggregating more than a circle 3/4 inch (19mm) in

diameter.

Scars (other than catfaces).

No depth and aggregating more than a circle 5/8 inch

(16mm) in diameter.

Growth cracks (radiating from or concentric to stem scar).

Not well healed, more than 1/8 inch (3mm) in depth,

individual radial cracks more than 3/4 inch (19mm) in

length, aggregate length of all radial cracks more than

1 3/4 inches (44 mm) measured from edge of stem scar.

Any lot of tomatoes which are at least turning may have

cracks which are not well healed provided they are not

leaking.

Hail

Deep, rough, not well healed and corked over, or fairly

smooth, shallow hailmarks aggregating more than a circle

5/8 inch (16mm) in diameter.

Insect injury

Seriously detracts from the appearance or any insect is

present in the fruit.

Factor

Very serious damage

Cuts and broken skins

Fresh or healed and extending through the

tomato wall.

Puffiness

Open space in 2 or more locules very seriously detracts

from appearance of tomato cut through center at right

angles to a line from stem to blossom end.

Catfaces

Channels extend into the locule, wall has been weakened

to the extent that slight pressure will cause a tomato to

leak, or fairly smooth catface aggregating more than a

circle 1 inch (25mm) in diameter.

Scars (other than catfaces).

No depth and aggregating more than a circle 1 inch

(25mm) in diameter.

Growth cracks (radiating from or stem scar).

Not well healed, more than 1/4 inch (6mm) concentric to

in depth, individual radial cracks more than 1 inch (25mm)

in length, aggregate length of all radial cracks more than 2

7/8 inches (73mm) measured from edge of stem scar. Any

lot of tomatoes which are at least turning may have cracks

which are not well healed provided they are not leaking,

not more than 1/8 inch (3mm) in depth, individual radial

cracks are not more than 3/4 inch (19mm) in length.

Hail

Fresh, very deep or fairly smooth, shallow hail marks

aggregating more than a circle 1 inch (25mm) in diameter.

Insect injury

Very seriously detracts from the appearance or any insect

is present in the fruit.

1Conversion to metric equivalent made to nearest whole millimeter.

History

• Rulemaking Authority 570.56 FS., Chapter 80-12, Laws of Florida. Law Implemented 570.56 FS., Chapter 80-12, Laws of Florida. History–New 8-17-80, Formerly 5G-3.09.

Chapter 5G-4 FLORIDA STANDARDS FOR GRADES OF FLORIDA FRESH FRUIT, CITRUS AND VEGETABLES

Fla. Admin. Code R. 5G-4.001 United States Standards for Grades of Florida Fresh Fruit, Citrus and Vegetables

(1) The United States Standards for Grades of Fresh Tomatoes (effective December 1, 1973, as amended November 29, 1973, February 1, 1975 and April 15, 1976); United States Standards for Grades of Lemons (effective September 1, 1964); United States Standards for Persian (Tahiti) Limes (effective June 20, 1958); United States Standards for Florida Avocados (effective September 3, 1957); United States Standards for Grades of Florida Tangerines (effective October 15, 1967, as amended February 13, 1968, January 31, 1973, November 22, 1975, and December 1, 1980); United States Standards for Grades of Florida Grapefruit (effective October 15, 1967, as amended February 13, 1968 [33 F.R. 2883], January 31, 1973 [37 F.R. 26417], November 22, 1975 [40 F.R. 48930], and December 1, 1980 [45 F.R. 72089]); United States Standards for Grades of Florida Oranges and Tangelos (effective October 15, 1967, as amended February 13, 1968, January 31, 1973, November 22, 1975, and December 1, 1980); United States Standards for Grades of Shelled Spanish Type Peanuts (effective July 15, 1965); United States Standards for Cleaned Virginia Type Peanuts in the Shell (effective September 18, 1948); United States Standards for Shelled Virginia Type Peanuts (effective August 31, 1959); United States Standards for Shelled Runner Type Peanuts (effective July 31, 1956); and United States Department of Agriculture, Agricultural Marketing Service, General Shipping Point Inspection Instructions (January, 1966), filed herewith as Composite Exhibit “A”, are hereby adopted as rules.

History

• Specific Authority 603.151(3), 570.07(23) FS. Law Implemented 603.11 FS. History–New 11-19-81, Formerly 5G-4.01.

Chapter 5G-5 INSPECTION PROGRAMS

Fla. Admin. Code R. 5G-5.001 Alternative Inspection Programs

The Division of Fruit and Vegetables shall approve registered citrus processing plants that apply for, agree to comply with and qualify to operate under the Florida Quality Systems Certification Program Description and Guidelines, dated April 4, 2006, hereby adopted by reference and available from the Division of Fruit and Vegetables, Department of Agriculture and Consumer Services, P.O. Box 1072, Winter Haven, Florida 33882-1072.

History

• Specific Authority 570.07(23) FS. Law Implemented 570.07(2), (16), (21), 601.27, 601.49 FS. History–New 7-12-06.

Chapter 5G-6 TOMATO INSPECTION

Fla. Admin. Code R. 5G-6.001 Purpose

History

• Rulemaking Authority 500.09(1)(b), (3), (4), 500.12(1)(f), 570.07(6), (23) FS. Law Implemented 500.09(1)(b), (4), 500.12(1)(f) FS. History–New 4-16-08, Repealed 12-9-15.

Fla. Admin. Code R. 5G-6.003 Purpose and Definitions

(1) This rule establishes inspection procedures and best management practices to enhance the safety of fresh tomatoes grown, harvested, packed, or repacked in Florida as provided by Chapters 500 and 570, F.S. The purpose of these procedures and practices is to:

(a) Enhance the safety of tomatoes to the consuming public by the implementation of safer handling, production and packing practices.

(b) Prevent or minimize contamination of tomatoes either in the natural environment in which they are grown or in the handling, packing, repacking or selling of tomatoes once harvested since, once contaminated, removing or killing pathogens is difficult.

(c) Provide the necessary education and training on food safety practices to workers at all levels.

(2) In addition to the definitions provided in Sections 500.03 and 500.70, F.S., the following definitions shall apply:

(a) “Department” means the Florida Department of Agriculture and Consumer Services;

(b) “HACCP” (Hazard Analysis Critical Control Point) means a preventive food safety program used to protect the food supply against biological, chemical and physical hazards;

(c) “T-GAP” means Tomato Good Agricultural Practices;

(d) “T-BMP” means Tomato Best Management Practices;

(e) “Farmers Market” means a market, usually held out-of-doors, in public spaces, where farmers can sell their produce to the public.

History

• Rulemaking Authority 500.09(1)(b), (4), 500.70(7), 570.07(6), (10), (23) FS. Law Implemented 500.03(1), 500.09(1)(b), (4), 500.147(6), 500.70 FS. History–New 4-16-08, Amended 12-9-15.

Fla. Admin. Code R. 5G-6.005 Inspection of Permitted and Registered Entities

(1) The department shall conduct regulatory inspections of entities permitted and registered pursuant to Rule 5G-6.007, F.A.C., including, tomato farms, tomato greenhouses, tomato packinghouses, and repacking locations, and any vehicle being used to transport or hold tomatoes at least once annually to verify adherence to the requirements of the Tomato Best Practices Manual, FDACS-P-01580, (Rev. 10/14), as adopted in Rule 5G-6.009, F.A.C., Chapter 500, F.S., and this rule chapter.

(2) As specified in Sections 570.48(2)(e) and 570.481(1)(a), (b), F.S., the industry shall reimburse the Department for regulatory inspections conducted under this program at the rate of $75.00 per hour.

History

• Rulemaking Authority 500.09(1)(b), (4), 500.70(2), (7), 570.07(6), (10), (23), 570.481(1)(a) FS. Law Implemented 500.70(3)(a), 570.48(2)(e), 570.481(1)(a), (b), 603.12, 603.13 FS. History–New 4-16-08, Amended 12-9-15.

Fla. Admin. Code R. 5G-6.006 Food Safety Audit Documents

The Department hereby adopts and incorporates the following forms for use by the department in performing inspections described in Rule 5G-6.005, F.A.C. Samples of these documents are available online as indicated.

(1) Food Safety Audit – Tomato Good Agricultural Practices Open Field Production, Harvest and Field Packing, FDACS-07081, (Rev. 10/14), https://www.flrules.org/Gateway/reference.asp?No=Ref-05925.

(2) Food Safety Audit – Tomato Good Agricultural Practices Greenhouse, FDACS-07083, (Rev. 10/14), http://www.flrules.org/Gateway/reference.asp?No=Ref-05926.

(3) Food Safety Audit – Tomato Good Agricultural Practices Packinghouse, FDACS-07085, (Rev. 10/14), http://www.flrules.org/Gateway/reference.asp?No=Ref-05927.

(4) Food Safety Audit – Tomato Good Agricultural Practices Repacking and Distribution, FDACS-07086, (Rev. 10/14), https://www.flrules.org/Gateway/reference.asp?No=Ref-05928.

(5) Food Safety Audit – Tomato Good Agricultural Practices Corrective Action Needed Report, FDACS-07165, (Rev. 2/14), https://www.flrules.org/Gateway/reference.asp?No=Ref-05929.

(6) 21 C.F.R. §§ 1.255-1.243 (2014), https://www.flrules.org/Gateway/reference.asp?No=Ref-05930.

History

• Rulemaking Authority 500.09(1)(b), (4), 500.70(2), (7), 570.07(6), (10), (23) FS. Law Implemented 500.70(3)(a), 570.48(2)(e), 570.481(1)(a), (b), 603.12, 603.13 FS. History–New 12-9-15.

Fla. Admin. Code R. 5G-6.007 Annual Permitting and Registration Requirements of Florida Tomato Producers, Harvesters, Packers and Repackers

(1) Any person who packs or repacks tomatoes in this state that does not hold a food permit issued pursuant to Section 500.12, F.S., shall register their tomato packinghouse(s) or tomato repacker(s) by submitting the Annual Tomato Packer/Repacker Registration Application, FDACS-07151, (Rev. 10/13), which is hereby adopted and incorporated by reference. The application shall be accompanied by a registration fee of $100.00 and must be renewed annually on or before August 1 of each year. A copy of the form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Fruit and Vegetables, 170 Century Blvd., Bartow, Florida 33830-9701 or online at https://www.flrules.org/Gateway/reference.asp?No=Ref-05680. Any person who packs or repacks tomatoes in this state that seeks a food permit pursuant to Section 500.12, F.S., as an alternative to the registration requirement provided by this rule shall use the procedures outlined in Rule 5K-4.020, F.A.C.

(2) Any person who produces or harvests tomatoes in this state shall register their tomato farm(s)/tomato greenhouse(s) by submitting a completed Annual Tomato Farm/Greenhouse Registration Application, FDACS-07155, (Rev. 10/13), which is hereby adopted and incorporated by reference. A copy of the form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Fruit and Vegetables, 170 Century Blvd., Bartow, Florida 33830-9701 or online at https://www.flrules.org/Gateway/reference.asp?No=Ref-05681. The application shall be accompanied by a registration fee of $100.00 and must be renewed annually on or before August 1 of each year.

(2) Upon receipt and approval of the application, the department will assign a permit number to the applicant, which shall be available for inspection and presented to department personnel upon request.

(3) All fees collected pursuant to this section shall be deposited into the General Inspection Trust Fund.

History

• Rulemaking Authority 500.09(1)(b), (4), 500.12(1)(b), (f), 570.70(2), (4)(a), (6), (7), 570.07(6), (10), (23) FS. Law Implemented 500.03(1)(n), 500.12(1)(a), (b), 570.48(2)(a), (6), 570.48(2)(e), 570.481(1)(a), (b) FS. History–New 4-16-08, Amended 11-24-09, 12-9-15.

Fla. Admin. Code R. 5G-6.009 Tomato Best Practices Manual

(1) The Tomato Best Practices Manual (FDACS-P-01580, Rev.10/14) is hereby incorporated by reference and contains the specifications of the Tomato Good Agricultural Practices (T-GAP) and the Tomato Best Management Practices (T-BMP). Copies of the manual may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Fruits and Vegetables, 170 Century Blvd., Bartow, Florida 33830-9701, (863)578-1900 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05931. The following materials are referenced in the Tomato Best Practices Manual (FDACS-P-01580, Rev. 10/14) and are hereby adopted and incorporated by reference and are available online as indicated:

(a) 21 C.F.R. § 110 (2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-05932;

(b) 21 C.F.R. § 178.1010 (2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-05933;

(c) 29 C.F.R. § 1928.110 (2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-05934;

(d) 40 C.F.R. § 131.41(c) (2013), http://www.flrules.org/Gateway/reference.asp?No=Ref-05935;

(e) 40 C.F.R. § 141.63 (2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-05936.

(f) Good Agricultural Practices for the Production and Handling of Tomatoes, USDA ‒ CSREES National Integrated Food Safety Initiative, Project No. 00-51110-9722, 2002, http://www.flrules.org/Gateway/reference.asp?No=Ref-05937;

(g) Food Safety Begins on the Farm – Good Agricultural Practices for Fresh Fruits and Vegetables, Cornell University, 2000, http://www.flrules.org/Gateway/reference.asp?No=Ref-05938;

(h) Guide to Identifying and Controlling Postharvest Tomato Diseases in Florida – Mahovic, Sargent and Bartz, University of Florida, Institute of Food and Agricultural Sciences, Revised July, 2013, http://www.flrules.org/Gateway/reference.asp?No=Ref-05939;

(i) Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables, U.S. Department of Health and Human Services, Food and Drug Administration, Center for Food Safety and Applied Nutrition (CFSAN), 1998, http://www.flrules.org/Gateway/reference.asp?No=Ref-05940;

(2) The Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain, 2nd Edition (July 2008), is hereby adopted and incorporated by reference with the exception that on page 18, Chapter VI.4.a.vii., all preharvest agricultural water sources used in greenhouse production for non-foliar irrigation shall meet the standard for E.coli in recreational waters contained in 40 CFR §131.41(c) (2013). The Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain, 2nd Edition (July 2008) is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05941. The Guidelines document was developed by the North American Tomato Trade Working Group composed of the United States, Canada, and Mexico and is recognized in the Tomato Best Practices Manual as guidance for good agricultural practices. The following federal regulations referenced in the Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain, 2nd Edition (July 2008) are hereby adopted and incorporated by reference and are available online as indicated:

(a) 21 C.F.R. §173.315 (2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-05945;

(b) 21 C.F.R. § Chapter 1, Subpart J (1.326-1.368) (2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-05946.

History

• Rulemaking Authority 500.09(1)(b), (4), 500.12(1)(f), 500.70(2), (4)(a), (7), 570.07(6), (10), (23) FS. Law Implemented 500.09(1)(b), (4), 500.12(1)(f), 500.70(2), (4)(a) FS. History–New 4-16-08, Amended 11-24-09, 12-9-15.

Fla. Admin. Code R. 5G-6.011 Exemptions

The following categories of tomatoes are exempt from the requirements of Rule 5G-6.009, F.A.C.:

(1) Tomatoes sold by an individual grower to a consumer on the premises where the tomatoes not grown to exceed two (2) twenty-five pound boxes per customer, per day.

(2) Tomatoes sold by an individual grower to a consumer at a local farmers’ market, roadside stand, or U-pick operation not to exceed two (2) twenty-five pound boxes per customer, per day.

History

• Rulemaking Authority 500.70(7), 570.07(23) FS. Law Implemented 500.07(5) FS. History–New 4-16-08, Amended 12-9-15.

Fla. Admin. Code R. 5G-6.013 Guidelines for Imposing Administrative Penalties

(1) This rule sets forth the guidelines the Department will follow in imposing the penalties authorized under Sections 500.121 and 500.70(3)(b), F.S. The purpose of the guidelines is to give notice of the range of penalties which normally will be imposed for a single violation within a three (3) year period. The three-year period shall be based on the date of the last administrative enforcement action imposed for the same violation. These guidelines list aggravating and mitigating factors that, if present, will reduce or increase penalties to be imposed. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum of $5,000.00 per violation. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty and will be grounds for enhancement of penalties.

(2) The department will enforce compliance with Chapter 500, F.S., rule Chapter 5G-6 and Rule 5K-4.029, F.A.C., by issuing an administrative complaint, stop sale order, and/or warning letter for violations of Chapter 500, F.S., rule Chapter 5G-6 and Rule 5K-4.029, F.A.C.

(a) For purposes of enforcing compliance with Chapter 500, F.S., this rule chapter, and Rule 5K-4.029, F.A.C., a Department representative shall issue FDACS-07153, (Rev. 10/14), Tomato Stop-Sale – Interdiction Stations, or FDACS-07154, (Rev. 10/14), Tomato Stop-Sale, to anyone producing, harvesting, packing, or repacking tomatoes that do not meet the requirements of Chapter 500, F.S., or rule Chapter 5G-6, F.A.C., including the Tomato Best Practices Manual, FDACS-P-01580, (Rev. 10/14), as adopted in Rule 5G-6.009, F.A.C. If the Department determines that the tomatoes under stop sale are in compliance, a Department representative shall issue FDACS-07152, (Rev. 10/14), Release of Tomato Stop-Sale to the owner of the tomatoes under stop-sale.

(b) The following forms are hereby adopted and incorporated by reference and are available online as indicated:

1. Tomato Stop-Sale – Interdiction Stations, FDACS-07153, (Rev. 10/14), https://www.flrules.org/Gateway/reference.asp?No=Ref-05942;

2. Tomato Stop-Sale, FDACS-07154, Rev. (10/14), http://www.flrules.org/Gateway/reference.asp?No=Ref-05943;

3. Release of Tomato Stop-Sale, FDACS-07152, Rev. (10/14), http://www.flrules.org/Gateway/reference.asp?No=Ref-05944;

(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, or consent order.

(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

(a) The closest analogous violation, if any, that is listed in this rule; and,

(b) The mitigating or aggravating factors listed in this rule.

(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 500, F.S., rule Chapter 5G-6 and Rule 5K-4.029, F.A.C. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. The violation caused or has the potential to cause harm to a person or property and the degree or extent of such harm;

2. The violation endangered the public safety or welfare;

3. Previous violations for the same or a similar offense that resulted in enforcement action;

4. Violation history over the past three years;

5. The violation existed in excess of 30 days;

6. The violation was repeated within 14 days;

7. The violator impeded, or otherwise failed to cooperate with, the department’s inspection and/or investigation;

8. Previous disciplinary action against the violator in this or any other jurisdiction and the deterrent effect of the penalty imposed;

9. Undue delay in initiating or completing, or failure to take, affirmative or corrective action after receipt of a Tomato Stop Sale, FDACS-07154, (Rev. 10/14), incorporated in Rule 5G-6.013, F.A.C., or a Tomato Good Agricultural Practices Corrective Action Needed Report, FDACS-07165, (Rev. 10/14), which is incorporated in Rule 5G-6.006, F.A.C.;

10. Whether the violation resulted from negligence or an intentional act;

11. The benefit to the violator.

(b) Mitigating Factors:

1. Any documented efforts by the violator at rehabilitation;

2. Whether intentional actions of another party prevented the violator from complying with the applicable laws or rules;

3. Financial hardship;

4. Acts of God or nature that impairs the ability of the violator to comply with Chapter 500, F.S., rule Chapter 5G-6 and Rule 5K-4.029, F.A.C.;

5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare;

6. The violator expeditiously took affirmative or corrective action after it received written notification of the violation, including costs incurred by the violator for rectifying any damage or harm to consumers vehicles and/or property on a Tomato Good Agricultural Practices Corrective Actions Needed Report, FDACS-07165, (Rev. 02/14), which is incorporated in Rule 5G-6.006, F.A.C.;

7. The disciplinary history of the person committing the violation within the previous (3) three years.

(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.

(8) Penalties.

(a) Minor Violations. A violation of Chapter 500, F.S., of rule Chapter 5G-6 or Rule 5K-4.029, F.A.C., is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Minor violations shall result in the issuance of a warning letter. Fines of up to $2,500.00 for minor violations shall result if subsequent violations are found within three years of the initial violation. For the purposes of this rule, the following violations shall be considered minor violations:

1. No Current copies of the Commodity Specific Food Safety Guidelines for the Fresh Tomato Supply Chain, Food Safety Programs and Auditing Protocol for the Fresh Tomato Supply Chain;

2. Bins, trays, or boxes made of corrugated cardboard are reused;

3. Tomato-contact bulk bins, gondolas, totes, or trays are not constructed of impervious materials that can be cleaned and sanitized regularly;

4. Water lines are not protected against back flow siphonage;

5. Signs reminding workers to wash their hands after using the toilet are not posted;

6. Portable hand wash water tanks not cleaned regularly;

7. Operation does not maintain written Environmental assessment documents to include a map or general description of the land being farmed, topography, land history of use, adjacent land use, water sources, and animal and wildlife presence or migration patterns;

8. Operation does not maintain an assessment document, signed by an authorized agent of the operation that shows that the production land and adjacent land have been assessed for a history of hazards including but not limited to industrial, toxic waste, landfill purposes, incinerator or municipal waste, animal manure, animal intrusion or animal husbandry;

9. Operation does not maintain an assessment document, signed by an authorized agent of the operation that acknowledges any environmental hazards or history as required by the Tomato Best Practices Manual (Part A (1)(b)3.), which is incorporated by reference in Rule 5G-6.009, F.A.C.;

10. Environmental assessment documents are not reviewed by the food safety designate prior to each production cycle;

11. Operation does not maintain adequate records of the sale or disposition of product;

12. Operation uses containers that are not accurately labeled with the commodity name, greenhouse or farm firm name, and information sufficient to allow for source and lot identification.

(b) Major Violations. A violation of a Chapter 500, F.S., of Chapter 5G-6 or Rule 5K-4.029, F.A.C. is a major violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare, or creates a threat of such harm. Major violations shall result in the issuance of a warning letter, stop sale, suspension of operating permit, or imposition of an administrative fine of up to $5,000 per violation. Aggravating factors, as described in paragraph (5)(a) of this rule, shall warrant the adjustment of the fine upward and mitigating factors, as defined in paragraph (5)(b) of this rule, shall warrant the adjustment of the fine downward, but no fine shall exceed the statutory maximum as outlined in Section 500.70(3)(b), and Sections 500.121(1) and (2), F.S. Fines for major violations shall result in a monetary penalty of a minimum of $500.00 up to $5,000.00. For the purposes of this rule, the following violations shall be considered major violations:

1. Firm is required to be registered with the Department, but does not hold a current food permit or producer registration as required by Rule 5G-6.007, F.A.C.;

2. Water used in the packinghouse does not meet the microbial standards for potable water or documentation of most recent test result is not available for inspection;

3. E.coli (or fecal coliforms) is detected in irrigation water above 126/100 ml and corrective measures are not immediately taken to minimize the potential for microbial contamination;

4. Compounds used to clean finished product containers, food contact surfaces or tools are not approved for that use by the U.S. EPA, FDA or other appropriate agency;

5. Mobile packing of tomatoes is conducted without an approved sanitizing procedure as described in the Tomato Best Practices Manual, Part A(1)(j) and Part B(1)(g) and which is adopted in Rule 5G-6.009, F.A.C.;

6. Mobile packing of tomatoes into cardboard containers without an approved sanitation process as described in the Tomato Best Practices Manual, Part A(1)(j) and Part B(1)(g) and which is adopted in Rule 5G-6.009, F.A.C.;

7. Biosolids are used for fertilizer;

8. Debris and injured fruit are allowed to collect in wash areas and dump tanks;

9. Debris and injured fruit are not actively removed from lot;

10. Approved sanitizer, as described in the Tomato Best Practices Manual, Part B(1)(g), which is adopted in Rule 5G-6.009, F.A.C., is not used in the dump tank wash water or on the spray line;

11. Sanitizer activity level is outside of its effective range;

12. Sanitizer is not maintained within its allowable limits (Provide documentation);

13. Re-circulated or re-used water is not changed at least daily or proper records of water use not maintained;

14. Workers are not instructed to seek prompt treatment for cuts, abrasions and other injuries or clean first aid supplies are not provided;

15. Pesticide application equipment is not properly maintained and calibrated at a frequency sufficient to assure the accuracy of delivery;

16. Fertilizers containing manures or composts that have not been properly treated (e.g. composted or heat treated) are used for fertilization;

17. Procedures ensuring that any water source and distribution system are properly designed, located, constructed, and maintained in a manner to prevent contamination, including backflow prevention, proper well construction, and to prevent fouling by animals and pests are not followed;

18. Items that come into contact with product including tools, utensils, containers, and food contact equipment are not made of impervious, cleanable material capable of sanitization;

19. Pesticide chemicals are used in a manner that does not comply with all requirements of national registration and any federal, state or local regulations;

20. Pesticide chemicals are used that do not comply with all requirements of national registration and any federal, state or local regulations.

(c) Willful Violations. The following shall result in the imposition of an administrative fine of $5,000 per violation:

1. Any willful and intentional violation of Chapter 500, F.S., rule Chapter 5G-6, Rule 5K-4.029, F.A.C., or of any requirement or standard adopted pursuant thereto;

2. Any willful and intentional violation of a stop sale/use order or stipulated conditions of release from a stop sale/use order;

3. Any willful and intentional violation of a warning letter.

(9) Resolution of Violations, Settlement, and Additional Enforcement Remedies.

(a) The department and person charged with a violation may agree to resolve violations prior to an administrative hearing or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule shall not be construed to limit the authority of the department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or 500, F.S.

(b) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The department shall impose administrative fines in a Default Final Order equal to the maximum amount as allowable under Section 500.70(3)(b) or Section 500.121(1) or (2), F.S.

(c) A failure to comply with either a Final Order or a Default Final Order of the department shall result in any applicable permit or registration revocation and an administrative fine equal to the maximum amount as allowable under Section 500.70(3)(b) or Section 500.121(1) or (2), F.S. Additional penalties shall be sought through the enforcement of the order in circuit court.

History

• Rulemaking Authority 500.09(3), 500.70(7), 570.07(6), (10), (23) FS. Law Implemented 500.121, 500.70(3)(b) FS. History–New 4-16-08, Amended 12-9-15.

Chapter 5G-7 Marketing Orders Generally

Fla. Admin. Code R. 5G-7.001 Definition of Producer with Relation to Referendums

(1) The following definition of “producer” will be applicable to any marketing order referendum under the provisions of the Florida Statutes: “Producer” means an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business unit who or which:

(a) Owns and farms land resulting in his or its ownership of the commodity produced thereon;

(b) Rents or farms land resulting in his or its ownership of all or a portion of the commodity produced thereon, or

(c) Owns land which he or it does not farm and, as rental for such land obtains the ownership of a portion of the commodity produced thereon.

(2) “Partnership” shall be deemed to include a husband and wife with respect to land, the title to which, or leasehold interest in which, is vested in them as tenants in common, joint tenants, tenants by entirety, or, under community property laws, as community property. The term “partnership” shall also be deemed to include individuals, partnerships, or corporations which join together by agreements, informal or otherwise, for the purpose of growing commodities and which, as a unit have authority to transfer title to such commodities at the time they are harvested or subsequent thereto. The term “partnership” shall also include so-called “joint ventures,” wherein one or more parties to the arrangement contributes capital and others contribute labor, management, equipment, or other services, or any variation of such contributions by two or more parties, so that it results in the growing of commodities and the authority to transfer title to the commodity so produced from that business unit to some other parties in the marketing chain.

(3) Each legal entity, whether individual, partnership, “joint venture” or corporation so engaged in the production of commodities for market shall be entitled to only one vote in such referendum. In the case of a partnership or “joint venture,” such vote shall not be accepted in the absence of unanimous agreement of the respective members. In the case of a corporation, such vote shall be cast pursuant to the authorization of its board of directors.

(4) In the case of a person who owns land which he or it does not farm, but as rental for such land obtains the ownership of a portion of the commodity produced thereon, such person shall be regarded as a producer of that portion and entitled to one vote, and the tenant on such land shall be regarded as the producer of the remaining portion produced on such land and also entitled to one vote.

(5) In order to insure that a person is a “producer” eligible to vote, he must have produced a commodity for market in a proprietary capacity within the production area during the representative period prescribed by the Commissioner.

(6) The prevailing principle which shall apply to the determination of “producer” is who or which interest as a unit, whether an individual, partnership, corporation, association, or any other business unit, has the authority to pass title to the commodity grown.

History

• Rulemaking Authority 573.22(2) FS. Law Implemented 573.04(5) FS. History–New 6-29-62, Formerly 5H-2.01, 5H-2.001.

Fla. Admin. Code R. 5G-7.002 Definition of “Handler” with Relation to Referendums

(1) The following definition of “handler” will be applicable to any marketing order referendum under the provisions of the Florida Statutes: “Handler” is synonymous with shipper and packer and means an individual, firm, partnership, corporation, association, business, trust, legal representative, or any other business unit who or which engages in the operation of selling, marketing, or distributing in the primary channel of trade, as the first handler thereof, commodities which he is marketing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise, but shall not include a retailer.

(2) “Partnership” shall be deemed to include a husband and wife. The term “partnership” shall also be deemed to include individuals, partnerships, or corporations which join together by agreement, informal or otherwise, for the purpose of handling commodities as the first handler thereof in the primary channel of trade. The term “partnership” shall also include “joint ventures,” wherein one or more parties to the arrangement contributes capital and others contribute labor, management, equipment, or other services, or any variations of such contributions by two or more parties, so that it results in the handling of commodities in the primary channel of trade as the first handler thereof.

(3) Each entity, whether individual, partnership, “joint venture,” or corporation so engaged in the handling of commodities in the primary channel of trade as the first handler thereof, shall be entitled to only one vote in such referendum. In the case of a partnership or “joint venture,” such vote shall not be accepted in the absence of unanimous agreement of the respective members. In the case of a corporation, such vote shall be cast pursuant to the authorization of its board of directors.

(4) In order to insure that a person is a “handler” eligible to vote, he must have handled a commodity in the primary channel of trade as the first handler thereof during the representative period prescribed by the Commissioner.

(5) The prevailing principle which shall apply in the determination of “handler” is who or which interest as a unit, whether individual, partnership, corporation, association, or any other business unit, was the first handler of a commodity in the primary channel of trade.

History

• Rulemaking Authority 573.22(2) FS. Law Implemented 573.04(7) FS. History–New 6-29-62, Formerly 5H-2.02, 5H-2.002.

Fla. Admin. Code R. 5G-7.003 Assessments; Collections

The following applies to the Citrus Research, Peanut, and Tobacco Marketing Orders issued by the Department in accordance with Chapter 573, F.S.

(1) Assessments. After receiving the recommendations of the designated Advisory Council, the Department shall fix the rate of assessment on the volume of the commodity sold or some other equitable basis. Such assessment shall be collected by the handler at the first point of sale. Upon recommendation of the Advisory Council, the rate of assessment shall be adjusted if the Department determines that additional funds are required or suspended if the Department determines that additional funds are not required. Upon being fixed by the Department, the assessment rate shall be published in the Florida Administrative Register, a newspaper of general circulation in Florida, and in other industry-related publications.

(2) Collections. Any money collected by the first handler shall be remitted to the Department under the provisions of the Marketing Order and shall be used for the sole purpose of implementing the Marketing Order for which the assessment was collected. Any money collected pursuant to the Citrus Research Marketing Order shall be for the administration and funding of citrus research activities. The Citrus Research and Development Foundation, Inc., (Foundation) shall act as the Advisory Council for the Citrus Research Marketing Order in accordance with Section 573.112, F.S.

History

• Rulemaking Authority 573.118(2), 573.119 FS. Law Implemented 573.112, 573.118(2), 573.119 FS. History–New 6-4-95, Amended 11-9-11, Formerly 5H-2.003.

Division 5N Division of Licensing

Chapter 5N-1 PRIVATE INVESTIGATIVE, SECURITY AND REPOSSESSION ACTIVITIES, SCHOOLS

Fla. Admin. Code R. 5N-1.100 Organization

The Division of Licensing (division), Department of Agriculture and Consumer Services (department) is statutorily empowered with the authority to ensure that the public is protected from private investigation, security, and repossession services by individuals who have a criminal history, or are insufficiently or improperly trained in the field, or are unlicensed, or by agencies that are improperly insured, or are managed in a manner which does not assure compliance with the law and these rules by its licensed employees.

(1) The division is located at 4040 Esplanade Way, Tallahassee, Florida. The mailing address is: Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 9100, Tallahassee, Florida 32315-9100. The division maintains office hours from 8:00 a.m. to 5:00 p.m., Monday through Friday except state holidays.

(2) Persons may contact the division at the following numbers:

Director/Assistant Director (850)245-5500

Compliance Section (850)245-5506

Bureau of Regulation and Enforcement (850)245-5499

Bureau of License Issuance (850)245-5665

Bureau of Support Services (850)245-5500

Additionally, the division maintains regional offices in the following locations:

Jacksonville Regional Office

7825 Baymeadows Way

Suite 106A, Center Building

Jacksonville, Florida 32256

(904)828-3100

Tallahassee Regional Office

1925 Capital Circle Northeast

Tallahassee, Florida 32308

(850)412-2022

Ft. Walton Regional Office

111 Racetrack Road

Unit 111-C, Choctaw Plaza

Ft. Walton, Florida 32547

(850)833-9146

Miami-Dade Regional Office

7739 N.W. 48th Street, Suite 140

Miami, Florida 33166

(305)639-3500

North Port Regional Office

Sumter Crossing Commerce Building

4451 Aidan Lane, Suite 102

North Port, Florida 34287

(941)240-3160

Plantation Regional Office

7800 Peters Road, Suite C-100

Plantation, Florida 33324

(954)308-4040

Orlando Regional Office

5750 Major Boulevard

Suite 100

Orlando, Florida 32819

(407)888-8700

Tampa Regional Office

Interstate Business Park

4510 Oak Fair Boulevard, Suite 100

Tampa, Florida 33610

(813)337-5377

West Palm Beach Regional Office

400 N. Congress Avenue, Suite 140

West Palm Beach, Florida 33401

(561)681-2530

(3) Definitions. In addition to the definitions contained in Section 493.6101, F.S., the following terms shall mean:

(a) The term “equivalent experience” shall mean and include that experience which is substantially identical and equal in force, power, effect or import as the experience gained by a personal knowledge and activity for the required period of time performing the type of service permitted under the license for which application is made. Examples of equivalent experience include detectives and officers of law enforcement agencies of the United States or this state or any county or municipality of this state, insurance investigators or adjustors, special agents, detectives or investigators who have performed such duties as an in-house employee, and investigators for attorneys. Equivalent experience is not limited to these examples.

(b) The term “certified law enforcement officer” means a sworn law enforcement or corrections officer who has received certification from the Florida Criminal Justice Standards and Training Commission.

(c) The term “attorney” means a member of the Florida Bar engaged in the practice of law in this state.

(4) Complaints. The complaint of any person which alleges or involves a violation of Chapter 493, F.S., or of these rules shall be filed with any division office. Where it appears to the division that there may be or may have been a violation, the division shall begin an investigation to determine whether a violation has occurred. Upon review of the investigative report prepared in the case, the division shall determine whether probable cause exists to believe a violation has occurred. Disciplinary cases, and cases in which substantial interests are affected by the division, shall be conducted in accordance with the provisions of Section 120.57, F.S., and Chapter 28-106, F.A.C.

(5) Declaratory Statements. Any person, entitled to request a declaratory statement from the division under Chapter 120, F.S., or Chapter 28-105, F.A.C., Model Rules of Procedure, may do so in the manner provided in Section 120.565, F.S. or Chapter 28-105, F.A.C.

(6) Division Forms. Requests for public information or copies of the following applications and support forms, which are incorporated by reference in this rule, may be made by contacting any division office. Addresses for each division office are listed in subsection (2) of this rule.

Election of Rights – Administrative Complaint

DACS-16011

(eff. 8/93)

Election of Rights – License Denial

DACS-16015

(eff. 8/93)

Application for Class “D” Security Officer License

DACS-16007

(eff. 8/95)

Application for Class “G” Statewide Firearm License

DACS-16008

(eff. 8/95)

Personal Inquiry Waiver

DACS-16009

(eff. 1/95)

Disclosure Notice

LC2E009

(eff. 1/95)

Acknowledgment Card – Class “D”

DACS-16037

(eff. 1/95)

Certification of Insurance

DACS-16004

(eff. 1/06)

Important Notice (Application for Refund Form Enclosed)

LC2E037

(eff. 1/95)

Employee Action Report

DACS-16006

(eff. 1/95)

Application for School or Training Facility License

DACS-16003

(eff. 7/27/04)

Application for Security Officer Instructor License

DACS-16014

(eff. 9/95)

Termination/Completion of Sponsorship for Private Investigator Intern

DACS-16016

(eff. 10/94)

Termination/Completion of Sponsorship for Recovery Agent Intern

DACS-16017

(eff. 10/94)

Application for Private Investigator or Private Investigator Intern License

DACS-16018

(eff. 8/95)

Application for Recovery Agent or Recovery Agent Intern License

DACS-16019

(eff. 1/95)

Application for Firearms Instructor License

DACS-16020

(eff. 7/95)

Application for Manager’s License

DACS-16021

(eff. 7/95)

Application for Agency License

DACS-16022

(eff. 8/95)

Affidavit of Experience – Class “C”

DACS-16023

(eff. 1/95)

Affidavit of Experience – Class “E”

DACS-16024

(eff. 1/95)

Application for Branch Agency License

DACS-16025

(eff. 6/95)

Application for Recovery Agent Instructor License

LC2E160

(eff. 11/95)

Letter of Intent to Sponsor Private Investigator Intern

DACS-16026

(eff. 10/94)

Letter of Intent to Sponsor Recovery Agent Intern

DACS-16027

(eff. 10/94)

Affidavit of Experience – Class “MA”, “MB”, “M”, “MR”

DACS-16028

(eff. 1/95)

Firearms Incident Report

DACS-16001

(eff. 4/93)

Affidavit

DACS-16002

(eff. 2/96)

Temporary Class “G” License – Agency Certification

DACS-16013

(eff. 10/94)

Temporary Class “G” License – Criminal History Background Check

LC3E164

(eff. 10/94)

Revised/Duplicate/Renewal License Request

DACS-16029

(eff. 1/95)

Compliance Inspection Report

DACS-16034

(eff. 7/96)

Intern Biannual Progress Report

DACS-16033

(eff. 10/94)

Security Officer Training Curriculum Guide

LC1E186

(eff. 7/96)

Recovery Agent/Intern Curriculum Guide

LC1E187

(eff. 7/96)

New License Inspection Report

DACS-16030

(eff. 7/96)

School Inspection Report

DACS-16031

(eff. 6/95)

Change of Address

DACS-16032

(eff. 7/96)

(7) Final Orders. The division hereby adopts the minimum requirements of Chapter 1B-32, F.A.C., for the indexing, management and availability of final orders. In addition to these requirements, final orders resulting from proceedings under Section 120.535, F.S., are indexed by the division. Final orders resulting from a challenge to the validity of a rule under Section 120.54(4) or 120.56, F.S., are listed or indexed by the Division of Administrative Hearings.

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.6102(6), 493.6105(6), 493.6115(8), 493.6121, 493.6203(2)-(4), 493.6303(2), (3) FS. History–New 2-4-91, Amended 7-31-96, 2-17-00, Formerly 1C-3.100, Amended 1-24-06, 5-21-14.

Fla. Admin. Code R. 5N-1.113 Disciplinary Guidelines; Aggravating and Mitigating Circumstances; Range of Penalties

(1) Purpose. This rule sets forth disciplinary guidelines used by the division when imposing penalties authorized under Chapter 493, F.S. The guidelines notify applicants and licensees of the range of penalties which are routinely imposed unless the division finds it necessary to deviate based on aggravating and mitigating circumstances established within this rule.

(2) Violations.

(a) This rule provides general descriptions of offenses common to provisions of Chapter 493, F.S. The complete language of each statutory violation should be reviewed to determine all the conduct included.

(b) This rule does not and is not intended to encompass all possible violations of statute or rule. The absence from this rule of a violation should not be construed as an indication that the violation does not cause harm to the public or is not subject to a penalty. In any instance where a violation is not listed in this rule, the penalty will be determined by consideration of:

1. The closest analogous violation, if any, and

2. Aggravating and mitigating circumstances.

(3) Aggravating and Mitigating Circumstances.

In proceedings pursuant to Sections 120.57(1) and (2), F.S., the division will impose a penalty within the range corresponding to the violations as set forth below. The ranges are guidelines to which the division will refer in determining the level of the penalty. Penalty ranges are based on a single occurrence of each violation listed. Multiple occurrences of a violation, or a combination of different violations, will be added together to determine the total penalties to be assessed and can be grounds for enhancement of penalties. The division will consider any applicable aggravating or mitigating circumstances when imposing a penalty within or outside the guideline range as permitted by Section 493.6118(2), F.S. The division considers the following as aggravating or mitigating circumstances:

(a) The violation was intentional, negligent, or malicious;

(b) The danger to public safety or welfare caused by the violation;

(c) The amount of damage to persons or property caused by the violation;

(d) The duration of the violation;

(e) The length of time the violator has been licensed;

(f) The violator’s disciplinary history;

(g) Subsequent remedial or corrective measures taken by the violator;

(h) The deterrent effect of the penalty imposed;

(i) Whether the violation occurred while the violator was on probation;

(j) Substantiated actions by another party preventing the violator from complying with applicable laws or rules;

(k) Acts of God or nature that impaired the violator's ability to comply with applicable laws and rules;

(l) Any other relevant aggravating or mitigating circumstances.

(4) Additional remedies.

(a) The provisions of this rule are not intended and shall not be construed to limit the ability of the division to:

1. Informally dispose of disciplinary actions by guidance or compliance letters, or by stipulation, agreed settlement, or consent order.

2. Pursue or recommend collateral civil or criminal action if appropriate.

(b) In addition to the penalties established in this rule the division reserves the right to recover any penalties, attorneys’ fees, court costs, service fees, collection costs, costs resulting from a payment to the division that is returned for insufficent funds, or damages, as permitted by law.

(5) Final Orders. A violator’s failure to comply with a final order that imposes penalties, shall result in denial of a license application, or revocation of existing Chapter 493, F.S., licenses pursuant to Sections 493.6118(2)(a) and (e), F.S. This is in addition to suspension of licenses under Section 493.6118(6), F.S., for nonpayment of fines. Additional penalties as stated within paragraph (4)(b) of this rule, can be sought by the division through enforcement of the final order in circuit court.

(6) The disciplinary guidelines for violations committed by agencies are as follows:

VIOLATION

RANGE OF PENALTIES

(a) Failure to maintain a physical location in Florida.

(Section 493.6106(2), F.S.)

(a) From an administrative fine of $250-$650 to suspension, revocation or denial of license.

(b) Failure to timely notify the division of a change of address.

(Section 493.6106(2)(a), F.S.)

(b) From an administrative fine of $150-$350 to probation or one month’s suspension of license.

(c) Failure to post a license or disclosure notice.

(Section 493.6106(2)(b), (c), F.S.)

(c) From a reprimand to an administrative fine of $50-$150.

(d) Failure to immediately notify the division of cancellation of liability insurance.

(Section 493.6110(2), F.S.)

(d) An administrative fine of $150-$350.

(e) Failure to issue identification cards to licensed employees.

(Section 493.6111(5), F.S.)

(e) An administrative fine of $50-$150 per employee.

(f) Failure to notify the division of changes in corporate officers.

(Section 493.6112(1), F.S.)

(f) From an administrative fine of $150-$350 to one month’s suspension of license.

(g) Failure to electronically report the hiring or termination of a licensed employee within 15 calendar days.

(Section 493.6112(2), F.S., and Rule 5N-1.142(1), F.A.C.)

(g) From an administrative fine of $50-$150 to probation.

(h) Allowing an employee to carry a weapon which is not required by the employee’s duties.

(Section 493.6115(3), F.S.)

(h) From an administrative fine of $300-$700 to probation or one month’s suspension of license.

(i) Allowing an employee to carry a firearm or ammunition not authorized by the division.

(Section 493.6115(6), F.S., and Rule 5N-1.131, F.A.C.)

(i) From an administrative fine of $300-$700 to probation.

(j) Failure to timely notify the division of the discharge of a firearm.

(Section 493.6115(9), F.S.)

(j) From an administrative fine of $300-$700 to probation or one month’s suspension of license.

(k) Conducting or advertising regulated activities under an unauthorized fictitious name.

(Section 493.6118(1)(b), F.S.)

(k) From an administrative fine of $200-$400 to one month’s suspension of license.

(l) Making a false statement regarding an individual’s employment status.

(Section 493.6118(1)(d), F.S.)

(l) From an administrative fine of $250-$750 to one month’s suspension of license.

(m) Failure to direct or supervise an armed employee.

(Section 493.6118(1)(f), F.S.)

(m) From an administrative fine of $250-$750 to probation or one month’s suspension of license.

(n) Conducting or advertising the business of an agency without a valid license or with an inactive license.

(Section 493.6118(1)(g), F.S.)

(n) From an administrative fine of $250-$750 to revocation or denial of license.

(o) Conducting or advertising the business of an agency after suspension or revocation of a license.

(Section 493.6118(1)(g), F.S.)

(o) From an administrative fine of $500-$1,000 to revocation or denial of license.

(p) Conducting or advertising the business of a branch office without a valid license.

(Section 493.6118(1)(g), F.S.)

(p) From an administrative fine of $200-$600 to probation.

(q) Advertising or conducting regulated activity without liability insurance.

(Section 493.6118(1)(h), F.S.)

(q) From an administrative fine of $200-$700 to probation or denial of license (in addition to suspension during uninsured period).

(r) Permitting or aiding an employee to impersonate a law enforcement officer or government employee.

(Section 493.6118(1)(i), F.S.)

(r) From an administrative fine of $300-$700 or probation to one month’s suspension of license.

(s) Allowing a security officer employee to perform regulated activities without a proper uniform.

(Section 493.6305(1), F.S.)

(s) From an administrative fine of $250-$500 to probation.

(t) Violation of a cease and desist order issued by the division.

(Section 493.6118(1)(k), F.S.)

(t) From an administrative fine of $500-$1,000 to revocation or denial of license.

(u) Employing an unlicensed unarmed private investigator, security officer or recovery agent.

(Section 493.6118(1)(n), F.S.)

(u) An administrative fine of $250-$500.

(v) Employing an unlicensed armed security officer or private investigator.

(Section 493.6118(1)(n), F.S.)

(v) From an administrative fine of $300-$700 to probation or one month’s suspension of license.

(w) Advertising or conducting regulated activity without a properly licensed manager.

(Section 493.6118(1)(n), F.S.)

(w) From an administrative fine of $200-$400 to probation.

(x) Failure to maintain business records for two years.

(Section 493.6121(2), F.S.)

(x) From an administrative fine of $200-$700 to one month’s suspension of license.

(y) Unauthorized use of the Great Seal of the State of Florida.

(Section 493.6124, F.S.)

(y) An administrative fine of $150-$350.

(7) The disciplinary guidelines for violations committed by individuals are as follows:

VIOLATION

RANGE OF PENALTIES

(a) Failure to notify the division of a change of address.

(Section 493.6106(3), F.S.)

(a) An administrative fine of $50-$250.

(b) Failure to return agency identification card or equipment to employer upon termination.

(Section 493.6111(5)(c), F.S.)

(b) From an administrative fine of $100-$500 to suspension or denial of license.

(c) Carrying a weapon which is not required by the licensee’s duties.

(Section 493.6115(3), F.S.)

(c) From an administrative fine of $250-$450 or probation to suspension or denial of license.

(d) Carrying a firearm or ammunition not authorized by the division.

(Section 493.6115(6), F.S., and Rule 5N-1.129, F.A.C.)

(d) From an administrative fine of $150-$350 or probation to suspension or denial of the Class “G” Statewide Firearm License.

(e) Failure to timely notify the division of the discharge of a firearm.

(Section 493.6115(9), F.S.)

(e) From an administrative fine of $250-$650 or probation to one month’s suspension or denial of license.

(f) Conviction of or adjudication of guilt withheld on a crime directly related to the business for which the license is held.

(Section 493.6118(1)(c), F.S., and Rule 5N-1.114, F.A.C.)

(f) Revocation or denial of license.

(g) Unauthorized release of confidential information or of a professional secret.

(Section 493.6118(1)(e), F.S.)

(g) From an administrative fine of $250-$750 to one month’s suspension of license.

(h)The improper exhibition of a firearm, as defined in Section 790.10

(Section 493.6118(1)(f), F.S.)

(h) From an administrative fine of $250-$500 or probation to one month’s suspension or denial of license.

(i) Careless or improper handling of a firearm resulting in a discharge.

(Section 493.6118(1)(f), F.S.)

(i) From an administrative fine of $300-$700 or probation to three month’s suspension or denial of license.

(j) Firing an unjustifiable warning shot while on duty.

(Section 493.6118(1)(f), F.S., see also: Section 776.012, F.S.)

(j) From an administrative fine of $350-$750 or probation to three month’s suspension or denial of license.

(k) Performing regulated activities without a valid license or with an Inactive license.

(Section 493.6118(1)(g), F.S.)

(k) From an administrative fine of $100-$300 to denial of license.

(l) Performing regulated activities after suspension or revocation of a license.

(Section 493.6118(1)(g), F.S.)

(l) From an administrative fine of $200-$600 to revocation or denial of license.

(m) Impersonating a law enforcement officer or government employee.

(Section 493.6118(1)(i), F.S.)

(m) From an administrative fine of $500-$1,000 to suspension, revocation or denial of license.

(n) Commission of an act of violence not in the lawful protection of one’s self or another.

(Section 493.6118(1)(j), F.S.)

(n) From probation to suspension, revocation or denial of license.

(o) Violation of a cease and desist order issued by the division.

(Section 493.6118(1)(k), F.S.)

(o) From an administrative fine of $500 to $1,000 to revocation or denial of license.

(p) Soliciting business for an attorney for compensation.

(Section 493.6118(1)(l), F.S.)

(p) From an administrative fine of $150-$350 or probation to one month’s suspension of license.

(q) Failure or refusal to cooperate with a division investigator.

(Section 493.6118(1)(o), F.S.)

(q) From an administrative fine of $300-$700 to three month’s suspension or denial of license.

(r) Failure to carry an agency identification card while on duty.

(Section 493.6118(1)(p), F.S.)

(r) An administrative fine of $50-$150.

(s) Failure to carry a license while on duty.

(Section 493.6118(1)(q), F.S.)

(s) From an administrative fine of $50-$250 to probation.

(t) Failure of a sponsor to timely certify the progress, completion or termination of an internship.

(Section 493.6118(1)(r), F.S.)

(t) From an administrative fine of $150-$350 to probation.

(u) Unauthorized use of the Great Seal of the State of Florida.

(Section 493.6124, F.S.)

(u) An administrative fine of $100-$200.

(v) Falling asleep while on duty.

(Section 493.6118(1)(f), F.S.)

(v) From a reprimand to an administrative fine of $150 to $300 to probation or three months suspension.

(w) Abandoning post while on duty.

(Section 493.6118(1)(f), F.S.)

(w) From an administrative fine of $150-500 to probation or three months suspension.

(8) In addition to the disciplinary guidelines set forth in subsections (6) and (7), guidelines for violations committed by recovery agencies, agents and interns are as follows:

VIOLATION

RANGE OF PENALTIES

(a) Performing a repossession before authorization from the legal owner or mortgagee.

(Section 493.6118(1)(x)1., F.S.)

(a) From an administrative fine of $200-$700 or probation to one month’s suspension of license.

(b) Charging for expenses not actually incurred.

(Section 493.6118(1)(x)2., F.S.)

(b) From an administrative fine of $150-$300 to probation or one month’s suspension of license.

(c) Using recovered property for personal benefit.

(Section 493.6118(1)(x)3., F.S.)

(c) From an administrative fine of $300-$700 to one month’s suspension or denial of license.

(d) Selling recovered property without written authorization from the legal owner or mortgagee.

(Section 493.6118(1)(x)4., F.S.)

(d) From an administrative fine of $300-$600 or probation to one month’s suspension or denial of license.

(e) Failure to notify law enforcement within 2 hours of a repossession.

(Section 493.6118(1)(x)5., F.S.)

(e) From an administrative fine of $100-$300 to probation.

(f) Failure to timely remit to the client money collected in lieu of a repossession.

(Section 493.6118(1)(x)6., F.S.)

(f) From an administrative fine of $150-$350 or probation to one month’s suspension or denial of license.

(g) Failure to timely deliver to the client a negotiable instrument.

(Section 493.6118(1)(x)7., F.S.)

(g) From an administrative fine of $100-$300 or probation to one month’s suspension or denial of license.

(h) Falsification or alteration of inventory records.

(Section 493.6118(1)(x)8., F.S.)

(h) From an administrative fine of $300-$700 or probation to three month’s suspension or denial of license.

(i) Carrying a weapon or firearm while on private property in the performance of a recovery.

(Section 493.6118(1)(x)9., F.S.)

(i) From an administrative fine of $300-$700 or probation to three month’s suspension or denial of license.

(j) Solicitation of recovery services for a fee greater than the amount normally charged.

(Section 493.6118(1)(x)10., F.S.)

(j) From an administrative fine of $200-$600 or probation to one month’s suspension or denial of license.

(k) Displaying a badge in the course of a repossession.

(Section 493.6118(1)(x)11., F.S.)

(k) From an administrative fine of $200-$600 to probation.

(l) Failure to maintain inventory of personal property recovered in a repossession.

(Section 493.6404(1), F.S.)

(l) From an administrative fine of $150-$350 or probation to one month’s suspension or denial of license.

(m) Failure to timely notify a debtor in writing of the location of personal property.

(Section 493.6404(2), F.S.)

(m) From an administrative fine of $150-$350 to probation.

(9) The disciplinary guidelines for violations committed by instructors and schools or training facilities are as follows:

VIOLATION

RANGE OF PENALTIES

(a) Falsely certifying the completion of required training.

(Section 493.6118(1)(f), F.S.)

(a) From an administrative fine of $300-$700 per student to three month’s suspension or denial of license.

(b) Failing to provide students with the proper hours of instruction.

(Sections 493.6118(1)(f), 493.6303(4)(a), 493.6403(2), F.S., and Rule 5N-1.140, F.A.C.)

(b) From an administrative fine of $300-$700 per student to three month’s suspension or denial of license.

(c) Improperly administering or grading an examination.

(Rule 5N-1.140, F.A.C., Section 493.6118(1)(f), F.S.)

(c) From an administrative fine of $200-$600 per student or probation to three month’s suspension or denial of license.

(d) Failing to properly maintain records.

(Rule 5N-1.140, F.A.C., Section 493.6118(1)(f), F.S.)

(d) From an administrative fine of $150-$350 or probation to one month’s suspension or denial of license.

(e) Employing an unlicensed instructor to teach at a licensed school.

(Sections 493.6118(1)(g), 493.6301(8), 493.6401(8), F.S.)

(e) From an administrative fine of $150-$350 or probation to one month’s suspension or denial of license.

(f) Failure to teach approved curriculum.

(Sections 493.6118(1)(f), 493.6118(1)(t), F.S., and Rule 5N-1.140, F.A.C.)

(f) From an administrative fine of $200-$600 or probation to one month’s suspension of license.

(g) Operating an unlicensed school or training facility.

(Section 493.6118(1)(g), F.S.)

(g) From an administrative fine of $300-$700 to denial of license.

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.6106, 493.6110(2), 493.6111(5), 493.6112, 493.6115, 493.6118, 493.6121(2), 493.6124, 493.6301(8), 493.6303(4), 493.6305(1), 493.6401(8), 493.6403(2), 493.6404 FS. History–New 5-7-91, Amended 5-15-95, Formerly 1C-3.113, Amended 5-23-19, 9-24-20, 2-10-21.

Fla. Admin. Code R. 5N-1.114 Directly Related Criminal Offenses

(1) The standards of conduct that are necessary and reasonably related to the protection of the public health, safety and welfare, that must be maintained by persons seeking a license or holding a license under Chapter 493, F.S., include those set out in the definition of good moral character in Section 493.6101(7), F.S. These standards are honesty, fairness, respect for the rights and property of others, and respect for the laws of this state and nation.

(2) An offense that “directly relates to the business for which the license is held or sought” that can be grounds for disciplinary action is one that:

(a) Violates the standards of conduct in Section 493.6101(7), F.S., regardless of whether it was committed during the performance of regulated duties;

(b) If commited in Florida, is classified as either a first degree misdemeanor or any degree of felony;

(c) Is similar to ones described in subsection (3), if committed in any jurisdiction other than Florida;

(3) Subject to the requirements in subsections (2) and (4), the following offenses are directly related:

(a) Any sexually-related offense;

(b) Any offense that includes an element of violence or threat of violence;

(c) Arson, other fire-related offenses, and criminal mischief as set out in Chapter 806, Florida Statutes;

(d) Any offense that includes an element of theft, robbery, dishonesty, fraud, or obstruction of justice;

(e) Offenses against minors as set out in Chapter 827, F.S., except those related to support;

(f) Any offense against a law enforcement officer, firefighter, or emergency medical care provider;

(g) Resisting arrest with or without violence;

(h) Any felony drug offense;

(i) Any stalking or cyber stalking related offense;

(j) Culpable negligence;

(k) Crimes that involve the impersonation of a law enforcement officer or other official;

(l) Firearm-related offenses for Class G or K applicants or licensees;

(m) Offenses against elderly and disabled persons as set out in Chapter 825, F.S.; or

(n) Accessory, conspiracy, or attempt to commit any of the above listed offenses.

(4) The department will deny the application or revoke the license of any person who has been convicted of, or had adjudication of guilt withheld, for any directly related offense for the periods of time specified below.

(a) A conviction for a directly related felony unless and until civil rights have been restored by the State of Florida or by the jurisdiction in which the offense occurred, and a period of 10 years has expired since final release from supervision. For Class “G” and “K” licenses, firearms rights must also be fully restored.

(b) Adjudication of guilt withheld for a directly related felony, unless and until a period of three years has expired since final release from supervision.

(c) Conviction for a directly related first-degree misdemeanor, unless and until a period of two years has expired since final release from supervision.

(d) Adjudication of guilt withheld for a directly related first degree misdemeanor unless and until a period of one year has expired since final release from supervision.

(e) Notwithstanding the requirements of paragraphs (a) through (d) of this subsection, when a person has entered a plea of nolo contendere, regardless of adjudication or jurisdiction, such plea creates a rebuttable presumption of guilt to the underlying criminal charges. The division shall allow the licensee or applicant to present any mitigating circumstances surrounding his or her plea.

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.6101(7), 493.6105(3), 493.6106(1)(b), 493.6118 FS. History–New 5-23-19.

Fla. Admin. Code R. 5N-1.116 Insurance; Fees

(1) Insurance. Each Class “B” agency must file form DACS-16004, Certification of Insurance, effective 1/06, as incorporated in subsection 5N-1.100(6), F.A.C., evidencing commercial general liability coverage issued by an insurance company licensed in Florida that provides coverage for the actions of all licensed employees in an amount and manner as delineated in Section 493.6110, F.S.

(a) Licensees must list the division as an additional insured party to assure that all notices regarding coverage are sent by the insurance provider to the division in addition to the insured licensee. The licensee shall make separate notification to the division of any cancellation of or claim against the policy.

(b) Cancellation of coverage automatically renders an agency license suspended and requires the temporary termination of all activities regulated under Chapter 493, F.S. Such suspension remains in effect until valid coverage has been obtained and proof of coverage has been provided to the division. Any reduction or modification of coverage to less than that required by statute shall result in the issuance of an order to cease and desist pursuant to the authority of Section 493.6121(3), F.S., and an administrative complaint shall be issued. No agency shall engage in regulated activity while insurance coverage is not in effect.

(c) Upon a change of business location, the agency owner or manager shall notify the insurance carrier and the division.

(2) Application fees. The application fee for all license types is $50, except Class “D” and “G,” which have no application fee. Application fees shall be submitted with each application for licensure.

(3) Initial license fees. License fees for Class “C,” “CC,” “D,” “E,” “EE,” “G,” “M,” “MA,” “MB” and “MR” licenses shall be submitted with the application for licensure. For all other license types, license fees shall be submitted upon notification by the division that the application has been approved.

(a) License fees for the following biennial licenses issued under this chapter are:

1. Class “C” private investigator: $75.

2. Class “D” security officer: $45.

3. Class “E” recovery agent: $75.

4. Class “CC” private investigator intern: $60.

5. Class “EE” recovery agent intern: $60.

6. Class “G” statewide firearm license: $112.

7. Class “M,” “MA,” “MB” or “MR” agency or branch manager: $75.

8. Class “DS” security officer school or training facility: $60.

9. Class “DI” security officer instructor: $60.

10. Class “RS” recovery agent school or training facility: $60.

11. Class “RI” recovery agent instructor: $60.

(b) Fees for the following triennial licenses issued under this chapter are:

1. Class “A” private investigative agency: $450.

2. Class “B” security agency: $450.

3. Class “K” firearms instructor: $100.

4. Class “R” recovery agency: $450.

5. Class “AA,” “BB,” “AB,” “RR” branch office: $125.

(c) The processing fee for temporary Class “G” licensure is $15.

(d) The fee for replacement or revision of laminated licenses is $15. All other licenses may be replaced or revised for $10.

(4) Renewal fees.

(a) Licensees who hold a valid biennial or triennial license, who are eligible for renewal and wish to renew their license, must submit with their renewal application a fee equal to the fee listed for their license type in paragraph 5N-1.116(3)(a) or (3)(b), F.A.C.

(b) Renewal applications received after the license expiration date, but within three months of the license expiration date, require an additional renewal late fee, for the license type being renewed, equal to the fee listed in paragraph 5N-1.116(3)(a) or (3)(b), F.A.C. No license shall be renewed three months or more after its expiration date.

(c) The division will waive renewal late fees upon request received within three months of the license expiration date if the delay in filing the renewal application was in reasonable reliance on erroneous written information from the department, or the department’s failure to provide correct information.

(5) Examination fees for the following licenses are:

(a) Class “K” firearms instructor: $70.

(b) Class “M,” “MA” agency or branch manager and Class “C” private investigator: $70.

(6) Fingerprint Fees.

(a) Except as otherwise provided herein, all applications for initial licensure shall include a full set of fingerprints and a fingerprint processing fee of $42. An applicant who has, within the immediately preceding 6 months, submitted such fingerprints and fees for licensing purposes under Chapter 493, F.S., and who still holds a valid license, is not required to submit another set of fingerprints or another processing fee. Class “C,” “CC,” D,” “DI,” “E,” “EE,” “G,” “K,” “M,” “MA,” “MB,” “MR,” and “RI” type licenses are also required to submit fingerprint retention fees as listed in paragraph (b) of this subsection.

(b) Fingerprint retention fees are:

1. For a person submitting a new application for initial licensure for a biennial license: $10.75.

2. For a person submitting a new application for initial licensure for a triennial license: $16.75.

3. For a person renewing a biennial license: $16.75.

4. For a person renewing a triennial license: $22.75.

(c) Licensees holding more than one license with the division will only be charged one retention fee upon the first renewal of a license that expires on or after January 1, 2017, regardless of whether the license being renewed is for a biennial or triennial license period. The licensee shall continue to pay a retention fee for each corresponding biennial/triennial renewal period thereafter, until such time as the licensee ceases to renew or is otherwise unable to renew that particular license.

History

• Rulemaking Authority 215.405, 493.6103, 493.6105(3)(j), 493.6107, 493.6113(4), 493.6202, 493.6203(5), 493.6302, 493.6402 FS. Law Implemented 215.405, 493.6105, 493.6107, 493.6110, 493.6111, 493.6113, 493.6115(13), 493.6202, 493.6203(5), 493.6302, 493.6402 FS. History–New 2-4-91, Amended 7-31-96, 2-17-00, Formerly 1C-3.116, Amended 1-24-06, 1-1-08, 2-14-17, 10-30-24.

Fla. Admin. Code R. 5N-1.119 Credit for Relevant Military Training and Education

(1) To receive credit for relevant military training or education that is substantially similar to the training or education required for licensure, applicants shall submit a DD Form 214 at time of application. Other official documents showing military training, education, or experience will also be considered, including, joint services transcripts, training certificates, job evaluation reports, or commanding officer letters describing particular training or experience and number of hours dedicated to its performance.

(2) With regard to military experience, substantially similar means “equivalent experience” as defined in subsection 5N-1.100(3), F.A.C., except it need not be substantially identical.

(3) Prior to denial of a license, each applicant will be provided with written notification identifying overlaps and gaps between the requirements for licensure and the military training or education received and completed by the veteran, and programs that offer training and education to assist with overcoming any deficiencies.

(4) An applicant for a Class “DI” or Class “D” license meets the substantially similar requirement for having served not less than one year on active duty as a military policeman, security police officer, or in other military law enforcement duty.

(5) An applicant for a Class “C” license meets the substantially similar requirement for having served not less than 2 years on active duty as a military police investigator, security police investigator, or command investigator. Those discharged with less than 2 years of service will receive equivalent partial credit. Applicants receiving credit for relevant military training toward a Class “C” license must also pass an examination administered by the department as required by Section 493.6203(5), F.S.

(6) An applicant for a Class “MB” license meets the substantially similar requirement for having served in the military in any capacity for not less than 2 years at pay grade E4 or above. Those discharged with less than 2 years of service will receive equivalent partial credit.

(7) An applicant for a Class “MA” license meets the substantially similar requirement for having served in the military for not less than 2 years at pay grade E4 or above, provided that 2 years were in the capacity of military police investigator, security police investigator, or command investigator. Applicants receiving credit for relevant military training toward a Class “MA” license must also pass an examination administered by the department as required by Section 493.6203(5), F.S.

(8) An applicant for a Class “M” license meets the substantially similar requirement for having served in the military for not less than 4 years at pay grade E4 or above, provided that 2 of those years were in the capacity of military police investigator, security police investigator, or command investigator. Applicants receiving credit for relevant military training toward a Class “M” license must also pass an examination administered by the department as required by Section 493.6203(5), F.S.

(9) An applicant for a Class “G” license meets the substantially similar requirement if he or she was discharged within the last 12 months from serving as a military police officer, and completed:

(a) Army Military Police Course (MOS – 31B or 31O);

(b) USMC Military Police Course (MOS – 5811, 5803, 5800);

(c) Air Force Security Specialist Course (MOS – 3P with anything following);

(d) Navy Master-at-Arms (MOS – MA with anything following), or

(e) Army Resettlement or Corrections Specialist Course (MOS – 31E).

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.61035, 493.6203(5) FS. History–New 5-10-17.

Fla. Admin. Code R. 5N-1.120 Filing of Application; Temporary Authority for Out-of-State Licensees During Declared Emergencies

(1) Procedures. Any person who meets the qualifications prescribed by Chapter 493, F.S., and desires a license in the profession or services provided for in the law, shall file with the division an application using the applications and support forms in Rule 5N-1.100, F.A.C.

(a) In determining whether an applicant has the experience required to perform the types of services permitted under the license for which application is being made, the applicant shall, upon request by the division, submit sworn affidavits from former employers during the relevant time period, attesting that the applicant was employed and working at the claimed profession or service.

(b) Each license issued by the division shall specify on its face the classification of such license. No licensed agency or individual shall engage in regulated activities reserved for any other classification without possessing the appropriate license. No license issued in any of the licensed classifications shall be transferable from the original licensee to any other person. In addition, all licenses will expire at midnight of every second or third year after its date of issuance.

(2) Out-of-State Security Personnel Providing Temporary Security Services in Florida During Declared Emergencies. This section is applicable only for the protection of persons and property following a natural disaster or other emergency in response to which the Governor or the appropriate federal agency has issued a state of emergency. Out-of-state security personnel providing temporary security services in the state of Florida during a declared emergency shall:

(a) Be currently licensed by another state or territory which has licensure standards substantially similar to or greater than those required by Chapter 493, F.S., for at least one year with no disciplinary action taken against him or her by such state or an active law enforcement officer currently certified by his or her state. For purposes of this section, substantially similar shall mean requiring the completion of a criminal history background check and classroom and range training as a precondition of licensure;

(b) Carry personal photo-identification issued by his or her home state and proof of licensure issued by the home state;

(c) Carry only the firearms and ammunition permitted by the licensing laws and rules of his or her home state, except that rifles and shotguns shall be prohibited;

(d) Operate in this state only for the duration of the declared state of emergency and any subsequent extensions;

(e) Upon request, provide a statement that the appropriate government official of his or her home state agrees to accept service of process on his or her behalf; and,

(f) Be subject to the regulatory authority of the department and the requirements of Chapter 493, F.S., and this rule chapter. Failure to abide by these requirements will subject out of state security personnel to disciplinary action as provided by Chapter 493, F.S., and this rule chapter, except as provided herein.

(g) Be sponsored by a Class “B” Security Agency licensed in this state. Sponsored out-of-state security personnel will be considered an agent or an employee of the sponsoring “B” Security Agency during the period the out-of-state personnel are providing services in this state. A Class “B” Security Agency sponsor will ensure the sponsored personnel comply with the requirements of Chapter 493, F.S., and this rule chapter.

(3) Out-of-state security personnel who are solely employed as either in-house or contracted security personnel to an entity engaged in providing electric, gas, water, wastewater or telecommunications services to the public, and are engaged in infrastructure repair and service restoration, are exempted from paragraph (2)(g) of this rule chapter.

History

• Rulemaking Authority 493.6103, 493.6109 FS. Law Implemented 493.6105, 493.6109, 493.6111, 493.6113, 493.6118(1)(m) FS. History–New 2-4-91, Amended 2-1-93, 7-31-96, Formerly 1C-3.120, Amended 12-16-13, 10-10-18.

Fla. Admin. Code R. 5N-1.121 Reciprocity

(1) The department recognizes the need in certain situations for private investigators from other states or territories to enter the State of Florida for the purpose of following-up investigative leads when engaged in investigations originating in his or her state of licensure. Accordingly, the department establishes the following criteria for reciprocity agreements with other states or territories:

(a) The licensure requirements of the other state or territory must be substantially similar to or greater than those established in Chapter 493, F.S.

(b) The other state or territory’s Commissioner of Agriculture or other appropriate authority, must agree to accept service of process for their licensees operating in Florida on a temporary basis pursuant to a reciprocity agreement.

(2) The following requirements apply to private investigators and private investigative agencies that are licensed in states or territories that have entered into reciprocity agreements with the department, and who seek to temporarily operate in Florida in order to follow-up on leads originating in their state or territory of licensure.

(a) Prior to conducting investigations in Florida, private investigators and private investigative agencies shall, in their state or territory of licensure:

1. Possess a current, unencumbered license,

2. Have engaged in licensed activities for at least one year with no disciplinary action against him or her; and,

3. Not be under investigation in such other state or territory for an offense that would constitute a violation of Chapter 493, F.S.

(b) Private investigators operating in Florida under a reciprocity agreement shall, in their home state or territory of licensure, own or be employed by, a private investigative agency.

(c) Private investigators and private investigative agencies are allowed to conduct an investigation in Florida only if the investigation originated in their state or territory of licensure.

(d) Investigations shall be limited to no more than 30 days. Investigations exceeding 30 days must be handled by a private investigative agency licensed in Florida.

(e) Private investigators and private investigative agencies shall not solicit private investigative business or advertise investigative services while operating in Florida.

(f) Out-of-state private investigators are prohibited from carrying firearms while conducting professional investigative services in Florida.

(g) When performing private investigations in Florida, investigators and investigative agencies are subject to the provisions of Chapter 493, F.S., and the rules promulgated thereunder.

History

• Rulemaking Authority 493.6109 FS. Law Implemented 493.6109 FS. History–New 12-11-16.

Fla. Admin. Code R. 5N-1.124 Prohibited Activities and Requirements

Individual licenses and an agency identification card must be in the possession of the licensee at all times while on duty.

(1) No licensee shall operate under any name other than its licensed name. The use of any address other than the licensed address(es) is prohibited in any public advertisement.

(2) All records of each licensee must be kept separate and apart from all other licensees regardless of whether operating out of the same office or owned by the same individual partnership or corporation.

(3) No person, firm or corporation possessing a valid agency license shall permit any other person, firm or corporation possessing any financial interest in such licensed business to exert or maintain operational control over such licensed business. Licensed agencies and branch offices shall not commence regulated activity until a properly licensed manager has been designated and employed.

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.6106(2)(d), 493.6111, 493.6118(1)(b), (g), (n) ,(p), (q), 493.6121 FS. History–New 2-4-91, Amended 7-31096, Formerly 1C-3.124.

Fla. Admin. Code R. 5N-1.129 Ammunition

Licensed agencies shall allow licensed employees to use only factory ammunition of a type and load which is appropriate for the location and duty requirements of armed employees, not including the following types of ammunition which are prohibited:

(1) Glaser-type or any other pre-fragmented type bullets.

(2) Exploding bullets.

(3) Full metal jacket (fmj)/full metal case (fmc) bullets (this can be used in semi-automatic pistols only).

(4) Teflon-coated (ktw-type) or any other type of armor piercing bullets.

(5) Full wadcutter bullets (except on the firing range).

(6) Reloaded ammunition (except on the firing range).

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.6115(3), (4), (6) FS. History–New 11-25-92, Amended 5-15-95, Formerly 1C-3.129.

Fla. Admin. Code R. 5N-1.130 Firearms

(1) A Class “D” Security Officer licensee who also holds a valid Class “G” Statewide Firearm license shall not carry a firearm while on duty unless doing so is authorized by her or his employer as being required by and in connection with those duties.

(a) A Class “D” Security Officer licensee performing armed duties authorized by her or his employer is not required to disarm:

1. When carrying a firearm outside the client’s property line provided that the carrying of the firearm is in connection with the security duties performed for the client and is within a half-mile radius of the client’s property; or

2. When traveling from one armed site to another armed site, provided the site-to-site transfer is directed by her or his employing agency and the employing agency does not require the licensee to disarm; or

3. When traveling directly to and from home to reach and leave a client’s site at which armed security services have been requested by the client, provided that the licensee is in uniform, notwithstanding Section 493.6115(4), F.S., and has written direction or approval from her or his employing agency, or

4. While performing tasks during duty hours such as refueling an agency-owned vehicle, purchasing carryout food or beverage, or taking a restroom break, provided such activities are carried out within a two-mile radius of the licensee’s assigned duty post or the licensee is traveling armed as stated in subsection (3); or

5. While rendering emergency humanitarian assistance or providing assistance to a law enforcement officer when requested by that law enforcement officer;

6. Unless expressly required to do so required by law or her or his employer. In such circumstances, unless the firearm is being transferred to another security officer, which shall require a clearing barrel to facilitate transfer, the firearm shall be securely encased in a glove compartment, gun case, or closed box or container that requires a lid to be opened for access.

(b) A Class “D” Security Officer performing armed duties authorized by her or his employer shall not leave a firearm unsecured while performing armed security duties, including those outlined in subparagraphs (1)(a)1.-5.

(2) As used in this section, a “Field Supervisor” means and includes an individual who holds a valid Class “M” or “MB” manager license and a valid Class “G” Statewide Firearm license, or a valid Class “D” Security Officer license and a valid Class “G” Statewide Firearm license, who is assigned by her or his employer to work full time in overseeing other security officers on multiple sites, and who has the authority to relieve security officers from duty or initiate disciplinary action.

(a) A Field Supervisor shall not carry a firearm while performing regulated duties unless doing so is authorized in writing by her or his employer and is required by and in connection with those duties which include commonly recognized supervisory tasks or management of operational needs during her or his duty shift.

(b) A Field Supervisor who is performing armed duties in uniform authorized by her or his employer is not required to disarm:

1. While supervising licensed employees in the performance of regulated duties at multiple sites at which armed and unarmed services are being provided to various clients, or when required to immediately assume and perform regulated duties at an armed site, unless she or he is directed by his employer to assume and perform regulated duties at an unarmed site; or

2. When traveling in an agency-owned vehicle among sites at which armed and unarmed services are being provided to various clients, unless a client has specifically stated it does not want the licensee to be armed on that client’s site. In such circumstances, the employing agency shall establish written protocols that honor the interests of each client; or

3. When conducting an on-site evaluation as part of a threat assessment performed for a current client or when a threat assessment has been requested by a prospective client. A “threat assessment” means and includes any survey or assessment conducted by a security agency, with the written permission of a property owner or representative, for the purpose of evaluating the property owner’s security needs; or

4. When meeting with a client or a prospective client unless the client or prospective client has specifically stated it does not want the licensee to be armed during the meeting. In such circumstances, the employing agency shall establish written protocols that honor the interests of each client;

5. Unless expressly required to do so by law or her or his employer. In such circumstances, the firearm shall be securely encased in a glove compartment, gun case, or closed box or container that requires a lid to be opened for access.

(c) A Field Supervisor who is performing armed duties in uniform authorized by her or his employer shall not leave a firearm unsecured while performing armed security duties, including those outlined in subparagraphs (2)(b)1.-4.

(3) No licensee shall wear or carry a firearm while running personal errands or taking care of personal business either for herself or himself or for any other person.

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.6103, 493.6115, 493.6301, 493.6303 FS. History–New 6-16-11.

Fla. Admin. Code R. 5N-1.131 Approval of Other Firearms

(1) In addition to firearms authorized pursuant to Section 493.6115(6), F.S., the department approves the following weapons for use by Class “G” licensed employees of security and private investigative agencies, when performing Chapter 493, F.S., regulated duties under the conditions identified below. A Class “G” licensee is only authorized to carry a firearm of the specific type and caliber with which she or he is qualified pursuant to the firearms training referenced in Section 493.6105(5) or 493.6113(3)(b), F.S.

(a) Use of 12-gauge pump-action shotguns or semi-automatic rifles as a secondary weapon, to carry or to remain in a vehicle, when the agency is engaged in:

1. Fulfillment of contractual obligations to guard United States, state, or local government facilities where the government contract specifically requires use of these weapons.

2. Fulfillment of contractual obligations to guard critical infrastructure facilities as defined in Section 493.631, F.S., where the contract specifically requires use of these weapons.

(b) Use of 12-gauge pump-action shotguns as a secondary weapon, where the shotgun remains in a vehicle for use only if needed, when the agency is engaged in:

1. Armored car services or agencies that replenish automated teller machines.

2. Courier services involving the transport of large amounts of currency and/or valuables.

3. Guarding and/or transporting prisoners.

4. Close protection bodyguard services.

(c) Use of automatic or select-fire firearms when the licensed security or private investigative agency provides services directly to the United States government, and the government contract specifically requires use of these weapons.

(2) Ammunition Guidelines and Restrictions.

(a) Ammunition for semi-automatic rifles shall be of .223/5.56 mm or of a statutorily compliant pistol caliber as described in Section 493.6115(6), F.S.

(b) Ammunition for the 12-gauge pump-action shotgun shall consist of .00 buckshot only. The use of slug-type ammunition is prohibited.

(c) All ammunition must be otherwise compliant with Rule 5N-1.129, F.A.C.

(d) Agency employees who carry firearms approved under this rule are prohibited from using less-lethal ammunition. For purposes of this rule, the term “less-lethal ammunition” means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person’s body.

(3) An agency employee holding a Temporary Class “G” Statewide Firearms License is prohibited from using the weapons specified herein, and are only authorized to utilize the weapons specified in Section 493.6115(6), F.S.

(4)(a) Firearms waivers previously issued by the division, authorizing the use of firearms by agency employees with Class “G” licenses in circumstances and conditions where the use of such weapons are prohibited by this rule, shall remain valid until such time as the contractual obligations requiring the use of such weapons cease to exist.

(b) During the pendency of the agency’s contractual obligation referenced above, the agency shall on a quarterly basis, provide the division with a list of all Class “G” licensed employees currently assigned to perform security services for the contract in question. Each quarter’s list shall indicate which Class “G” employees, if any, have been newly assigned to, or removed from, providing security services under the agency’s contract.

(c) Each such agency shall notify the division within 15 days of cessation of the contractual obligation referenced above. All future use of 12-gauge pump-action shotguns or semi-automatic rifles shall be in accordance with this rule.

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.6115(6) FS. History–New 12-11-16.

Fla. Admin. Code R. 5N-1.132 Firearms Training

(1) Initial Firearms Qualification.

(a) Except as provided in Section 493.6105(5), F.S., in order to initially qualify for a Class “G” Statewide Firearms License, an applicant must successfully complete 28 hours of range and classroom training taught by one or more Class “K” firearms instructors. The classroom training must be conducted by in-person instruction or live online instruction through a secure website, provided that the applicant’s identity, attendance and successful completion of training are verified by the instructor. 8 hours of the training must consist of in-person range training that includes training on the safe handling and storage of firearms. The initial 28-hour firearms course qualifies a Class “G” applicant to use the calibers of revolvers or semiautomatic handguns specified in Section 493.6115(6), F.S., that the applicant will use when performing duties regulated under Chapter 493, F.S. A licensee may carry only the specific type and caliber of firearm with which he or she has completed a successful course of training.

(b) As proof of successful completion of firearms training, each Class “G” applicant must submit the Certificate of Firearms Proficiency for Statewide Firearms License, provided by his or her Class “K” firearms instructor(s) upon completion of firearms training, to the Division of Licensing, along with his or her license application.

(2) Annual Firearms Requalification Training and Reporting Requirement.

(a) Each Class “G” license is valid for and subject to renewal every two years. During each 12-month period of the two-year term of the license, including the first 12-month period after the license was initially issued to the license holder, in order to remain eligible to continue to carry a Class “G” license, a Class “G” licensee must successfully complete 4 hours of range and classroom training taught by a Class “K” firearms instructor. Annual requalification training must be specific to each type and caliber of revolver or semiautomatic pistol the licensee carries while performing regulated duties.

(b) Each Class “G” licensee shall provide proof of successful completion of annual requalification training by submitting the Certificate of Firearms Proficiency for Statewide Firearms License to the Division of Licensing. These forms must be submitted each year on or before the month and day that appears on the face of the license as the expiration date.

1. A Class “G” licensee who successfully completes the 4-hour requalification training during the first 12-month period of the two-year term of the license, but who fails to provide proof to the division of having completed the training within the first-year reporting period, will have his or her Class “G” license automatically suspended until such time as the licensee provides proof of having timely received the completed training.

2. A Class “G” licensee who fails to take or to successfully complete the 4-hour annual requalification training during the first 12-month period of the two-year term of the license, will have his or her Class “G” license automatically suspended, and will be required to submit proof of successful completion of another 28 hours of range and classroom training as required at the time of initial licensure, in order for his or her license to be reinstated.

3. A Class “G” licensee who fails to take or to successfully complete the 4-hour annual requalification training during the second 12-month period of the two-year term of the license, will be required to submit proof of successful completion of another 28 hours of range and classroom training as required at the time of initial licensure, before his or her license will be renewed.

(3) Qualification with Other Types and Calibers of Approved Firearms.

(a) A Class “G” licensee whose job duties require him or her to carry a firearm of a type and caliber different from or in addition to the firearm upon which he or she is qualified, must take a 4-hour training class specific to that firearm type and caliber.

(b) In addition to completing the annual requalification training required to remain eligible for the Class “G” license as addressed in subsection (2) of this rule, a licensee who has also qualified to carry other types and calibers of approved firearms under this paragraph must complete annual requalifying training for each type and caliber of firearm he or she carries while performing regulated activities. Proof of successful completion of such training shall be submitted to the division as specified in paragraph (2)(b), above. A separate Certificate of Firearms Proficiency for Statewide Firearms License must be submitted to the division for each type and caliber of firearm that the licensee will be carrying while performing regulated activites.

(c) A Class “G” license will not be suspended based on a licensee’s failure to requalify for a secondary firearm as long as the licensee has successfully completed annual requailification training for the type and caliber of revolver or semiautomatic pistol for which he or she has been qualified as their primary firearm. Failure to successfully requalify for a licensee’s secondary firearm will result in the licensee’s inability to utilize the secondary firearm until such time as he or she submits proof of successful annual requalification for the secondary firearm.

(4) Firearms Instruction.

(a) Firearms Training Manual Student Handbook and Study Guide. All Class “G” applicants seeking initial firearms qualification, and all Class “G” licensees seeking either annual requalification training or training to carry other types and calibers of firearms, must utilize the instruction material contained in the Firearms Training Manual Student Handbook and Study Guide, FDACS-P-02079, revised 01/2023, which is hereby incorporated by reference and can be obtained at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15446, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C., of this chapter.

(b) Firearms Training Manual Instructor’s Guide. In coordination with the Firearms Training Manual Student Handbook and Study Guide incorporated in paragraph (4)(a), above, all Class “K” licensed firearms instructors must utilize the instruction requirements and materials contained in the Firearms Training Manual Instructor’s Guide, FDACS-P-02078, revised 01/2023, which is hereby incorporated by reference and can be obtained at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15447, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter.

(c) Firearms instructors may use audio/video material as an instructional aid when teaching the classroom portion of the firearms training course, however, in no case shall an instructor rely solely on the use of audio/video material. Firearms classroom instruction must be conducted by in-person instruction, or by live online instruction through a secure website, provided the applicant’s identity, attendance and successful completion of training are verified by the instructor. The firearms instructor must conduct the firearm training live to allow for necessary student teacher interaction in real time (simultaneously) when teaching students to use firearms.

(d) Certificate of Firearms Proficiency for Statewide Firearms License.

1. A class “K” instructor must generate Certificates of Firearms Proficiency for Statewide Firearm License via the online reporting form available through their required LIAS account referenced in paragraph 5N-1.142(4)(a), F.A.C. A certificate must be generated for each student who completes training for either a 28-hour or 4-hour firearms proficiency course. If a 28-hour class is taught by more than one instructor, then each instructor shall be responsible for generating a certificate for each student for the number of hours of class the instructor taught. The Certificate of Firearms Proficiency for Statewide Firearm License, FDACS-16005 revised 01/23, is hereby incorporated by reference. A sample of the Certificate of Firearms Proficiency can be viewed at http://www.flrules.org/Gateway/reference.asp?No=Ref-15448, and on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx.

2. A Class “K” instructor administering any portion of the firearm training course shall provide to each Class “G” student an electronic or paper copy of each reported Certificate of Firearm Proficiency for Statewide Firearm License form(s) within 3 business days of class completion. The instructor shall retain a copy of the completed certificate(s) in his or her records as indicated in paragraph (4)(e) of this rule.

3. Students who lose their copy of the Certificate of Firearms Proficiency for Statewide Firearms License, should contact their instructor for a copy of the completed certificate.

(e) Firearms Instructor Recordkeeping Requirements.

1. Each firearms instructor shall maintain the following records:

a. A daily schedule that includes the date, location, and instructor’s name and license number for each class.

b. A daily log for each class containing the printed name and signature of each student who attended a live (in person) class.

c. A digital log of online students’ attendance and the method used by the instructor to verify each student’s identity.

d. A copy of the Certificate of Firearms Proficiency for Statewide Firearms License issued to each Class “G” student that took the instructor’s course.

e. Originals of all student tests, containing the student’s test score, the student’s printed name, the date the test was taken, and the student’s signature. Instructors are not required to keep student targets as part of their record keeping requirements.

2. Instructors can meet division record-keeping requirements by maintaining their original paper records, or by scanning such records into an electronic format. Online training records may be retained in electronic form as long as they are reproducible or transmittable upon request from an investigator of the department.

3. Student records shall be maintained in a separate file by class, and shall not be commingled with student records from other classes. Within each such class file, each student’s records shall be separately maintained within the file.

4. Records shall be maintained for a minimum period of two years at the place of business of the Class “K” instructor or at the address listed on the Class “K” instructor’s license. Each instructor shall immediately produce student records for inspection by an investigator of the department upon request.

5. An instructor conducting an online course must maintain records of all training sessions, including the name and license number of the instructor who is present online with the students while the students are receiving instruction, and proof of compliance with all security protocols at the instructor’s place of business in this state. The records required under this subsection must immediately be made accessible to the department's investigators upon request. If all electronic records are not immediately available, an instructor shall explain to the requesting investigator why the records are not immediately available and provide the records within 3 business days.

(5) Firearm online training. All or part of the 20 hours of classroom training may be completed through live online instruction provided that:

(a) One or more Class “K” instructors provide instruction in a live transmission format in which the instructor and students are participating in real time (simultaneously).

(b) All Class “K” instructors offering online training must maintain a physical location in Florida.

(c) The online instruction is conducted from a physical location in Florida.

(d) A Class “K” instructor(s) conducting an online course must provide the department’s investigators with live access to each course for the purposes of auditing, monitoring, or inspection upon request.

(e) The online instruction and testing are provided through a secure website using a Secure Socket Layer (SSL) or Transport Layer Security (TLS) technology.

(f) The student’s identity is verified by the instructor using the student’s U.S. state or federal issued photo identification such as a driver license, or state issued identification card.

(g) The student’s daily attendance is verified by the instructor and documented in a digital log.

(h) The Class “K” instructor(s) conducting an online class must utilize an online platform that limits each student’s log-in to a single device at all times.

(i) The Class “K” instructor(s) conducting an online class must utilize an online platform that includes security questions (challenges) to ensure each student is actively participating. A student must successfully respond to each security question (challenge). At least one security question (challenge) shall be provided every two hours of instruction, with the opportunity to re-attempt an unsuccessful response within 5 minutes. If a student fails to successfully respond to a re-attempted security question (challenge), the online platform must mark the student absent. A Class “K” instructor(s) may provide a student an opportunity to explain an unsuccessful response to a security question (challenge) and allow the student to make up time lost due to absence or fail the student for non-participation.

(j) Live instruction using screens with text must require a student to spend a minimum of one minute per every 50 words of text before moving to the next screen. An instructor may prorate the minimum time spent on each screen having fewer than 50 words. The instructor must discuss the content presented in each screen.

(k) Students shall be given the opportunity to submit questions to a Class “K” instructor concerning the classroom training.

(l) If a student is absent during an online class, the Class “K” instructor may deliver up to 4 hours of missed class to the student using recorded instruction. The student shall be allowed to submit questions to a Class “K” instructor concerning the recorded instruction.

(m) Each test that is administered online shall have randomized test questions.

History

• Rulemaking Authority 493.6103, 493.6105(5), 493.6115(8), 493.6132(4), (7) FS. Law Implemented 493.6105, 493.6113(3), 493.6115, 493.6121, 493.6132 FS. History–New 1-16-17, Amended 7-19-23.

Fla. Admin. Code R. 5N-1.134 Schools or Training Facilities, License Application; Exemptions

(1) Schools or Training Facilities. All persons or business entities desiring to operate a security officer school or training facility, or recovery agent school or training facility, shall make application for licensure as required by Sections 493.6304 and 493.6406, F.S., using form DACS-16003, Application For Class “DS” Security Officer School or Training Facility License and Class “RS” Recovery Agent School or Training Facility License, revised (04/2017), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-08477, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter. A license for a school or training facility is valid only for the training site, facility, or branch office named on the license unless transferred pursuant to subsection (2) of this rule.

(2) In the event a licensed school or training facility changes location, the licensee shall submit notification to the division, in writing, within 10 days of such change providing the date that instruction will commence, the street address or physical location, and city of the primary building in which classes will be conducted. Within 30 days of receipt of the submission, the division will provide an updated license recognizing the new location. The division will examine the submission to determine if it is in continued compliance with the requirements of the law and these rules and shall conduct inspections to assist the school in meeting compliance as necessary.

(3) Exemptions.

(a) Public educational facilities which are a part of the State University System, or are operated by a community college board of trustees under statutory authority and rules of the State Board of Education, or by a district school board, and area vocational schools shall be exempt from all requirements of this rule, except the filing of form DACS-16003, Application For Class “DS” Security Officer School or Training Facility License and Class “RS” Recovery Agent School or Training Facility License, revised (04/2017).

(b) Instructors who are full-time faculty members and who teach security officer or recovery agent classes shall be exempt from licensure if they teach exclusively for public educational facilities referred to in paragraph (3)(a), above.

History

• Rulemaking Authority 493.6103, 493.6304(3), 493.6406(3) FS. Law Implemented 493.6304, 493.6406 FS. History–New 10-1-91, Amended 2-18-93, 7-6-93, 7-31-96, Formerly 1C-3.134, Amended 7-27-04, 5-21-14, 1-16-17, 7-25-17.

Fla. Admin. Code R. 5N-1.138 School Staff; Licensing Requirements; Standards

(1) Schools and training facilities shall employ instructors who have been licensed by the division or are exempt by subsection 5N-1.134(3), F.A.C. Any person is qualified for licensure as an instructor pursuant to Chapter 493, F.S., who submits Form DACS-16014 as incorporated in Rule 5N-1.100, F.A.C.:

(a) Has attained at least 18 years of age; and,

(b) Can evidence a high school diploma or GED certificate; and,

(c) For Class “DI” licensure, is licensed as a Class “D” security officer and has been so licensed not less than 3 years within the 5-year period immediately preceding application. For Class “RI” licensure, is licensed as a Class “E” recovery agent and has been so licensed not less than 3 years within the 5-year period immediately preceding application, or is licensed as a Class “MR” recovery agent manager, and has been so licensed for not less than 1 year.

(d) For Class “DI” licensure, can evidence an associate degree from a junior college or community college with a major course of study in criminology, criminal justice, police science, or other course of study related to law enforcement or security and is current licensed as a security officer and has been so licensed for not less than 1 year; or can evidence a bachelor’s, master’s, or doctorate degree from a college or university with a major course of study in education, criminology, criminal justice, police science, law or other course of study related to law enforcement or security; or

(e) For Class “DI” licensure, can evidence a certificate of completion from a federal, state, county or municipal law enforcement academy or training facility which is comparable in hours and curriculum to the training established by the Florida Criminal Justice Standards and Training Commission or the Department of Education as acceptable to meet law enforcement officer, correctional officer or correctional probation officer minimum standards; or

(f) For Class “DI” licensure, can evidence having served not less than 1 year on active duty as a military policeman, security police officer, or in other military law enforcement duty; or

(g) For Class “DI” licensure – is currently licensed as a Class “M” office manager or a Class “MB” security office manager and is serving or has served in a licensed management position.

(h) For Class “RI” licensure, can evidence a bachelor’s, master’s, or doctorate degree from a college or university with a major course of study in education, finance, criminology, criminal justice, police science, law or other course of study related to law enforcement or financial management.

(2) An applicant may qualify for licensure to teach only in specific subject areas relating to his professional training and experience who:

(a) Is licensed as a nurse, emergency medical technician or paramedic, or is otherwise professionally trained and certified in emergency medical procedures;

(b) Has been certified as an instructor by the American Red Cross, American Heart Association or other similar nationally recognized health and human care organization; or

(c) Is a certified firefighter.

(3) Licensed instructors may be employed by more than one school or facility so long as the division is advised by each school that employs the instructor.

(4) Students shall remain under the supervision of a licensed instructor during all classes and under constant supervision during examination.

History

• Rulemaking Authority 493.6304(3), 493.6406(3) FS. Law Implemented 493.6304(3), 493.6406(3) FS. History–New 10-1-91, Amended 7-6-93, 7-31-96, Formerly 1C-3.138.

Fla. Admin. Code R. 5N-1.140 Security Officer, Recovery Agent and Private Investigative Intern School Curriculum; Examinations; Retention of Records

(1) Security Officer Schools and Training Facilities.

(a) A security officer school or training facility shall teach, at a minimum, and the students shall attend classes in the subject areas as set forth in the Security Officer Training Curriculum Guide P-01878 (Rev. 11/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-10454, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter. The security officer curriculum shall consist of 40 hours of instruction.

(b) Throughout or upon completion of the required curriculum, schools and training facilities shall administer testing of not less than 2 hours in duration. The examination(s) shall be approved by the division as meeting the content criteria of the Security Officer Training Curriculum Guide. Such examination(s) shall consist of 170 questions in total on the subjects contained in the Security Officer Training Curriculum Guide.

(c) No more than 50 percent of the questions in each subject area may be true or false questions, and 128 questions answered correctly is a passing score.

(d) Within 3 business days from class completion, a school or training facility shall issue a Certificate of Security Officer Training to each student who successfully completes the training standards established herein, using Form FDACS-16103, effective 01/23, hereby incorporated by reference. A sample of the Certificate of Security Officer Training can be viewed at http://www.flrules.org/Gateway/reference.asp?No=Ref-15449, and on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. All training certificates issued by the security officer school or training facility must be generated via the online reporting form available through the school’s required LIAS account referenced in paragraph 5N-1.142(4)(c), F.A.C.

(e) All training programs approved by the Florida Criminal Justice Standards and Training Commission for certification of graduates as law enforcement officers or correction officers are deemed to be approved by the department as meeting the training requirements of Section 493.6303(4), F.S.

(f) Online training. All or part of the prescribed classroom training and testing may be completed through live online instruction provided that:

1. One or more Class “DI” instructors provide instruction in a live transmission format in which the instructor and students are participating in real time (simultaneously).

2. The online instruction is conducted from a physical location in Florida.

3. The Class “DS” school where the class is being conducted or the Class “DI” instructor conducting the online course must provide the department’s investigators with live access to each course for the purpose of auditing, monitoring, or inspection upon request.

4. The online instruction and testing is provided through a secure website using a Secure Socket Layer (SSL) or Transport Layer Security (TLS) technology.

5. The student’s identity is verified by the instructor using the student’s U.S. state or federal issued photo identification such as a driver license, or state issued identification card.

6. The student’s daily attendance is verified by the instructor and documented in a digital log.

7. The Class “DS” school conducting an online class must utilize an online platform that limits each student’s log-in to a single device at all times.

8. The online platform used to conduct an online class must include security questions (challenges) to ensure each student is actively participating. A student must successfully respond to each security question (challenge). At least one security question (challenge) shall be provided every two hours of instruction, with the opportunity to re-attempt an unsuccessful response within 5 minutes. If a student fails to successfully respond to a re-attempted security question (challenge), the online platform must mark the student absent. A Class “DS” school may provide a student an opportunity to explain an unsuccessful response to a security question (challenge) and allow the student to make up time lost due to absence or fail the student for non-participation.

9. Live instruction using screens with text must require a student to spend a minimum of one minute per every 50 words of text before moving to the next screen. An instructor may prorate the minimum time spent on each screen having fewer than 50 words. The instructor must discuss the content presented in each screen.

10. Students shall be given the opportunity to submit questions to a Class “DI” instructor concerning the classroom training.

11. If a student is absent during an online class, the Class “DS” school may deliver up to 10 hours of missed class to the student using recorded instruction. The student shall be allowed to submit questions to a Class “DI” instructor concerning the recorded instruction.

12. Each test that is administered online shall have randomized test questions.

13. Before a Class “DS” school or training facility reports a student’s successful completion of training to the division, it shall verify that he or she completed the online training.

(2) Recovery Agent Schools and Training Facilities.

(a) Class E and EE applicants must complete 40 hours of training before they may be licensed. A recovery agent school or training facility shall teach, at a minimum, and the students shall attend classes in the subject areas as set forth in the Recovery Agent and Recovery Agent Intern Curriculum Guide P-01877 (06/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09653, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter.

(b) Upon completion of the required curriculum, schools and training facilities shall administer a final examination of not less than 1 hour in duration. The examination shall be approved by the division as meeting the content criteria of the Recovery Agent and Recovery Agent Intern Curriculum Guide. Such examination shall consist of 100 questions in total on subjects contained in the Recovery Agent and Recovery Agent Intern Curriculum Guide.

(c) No more than 50 percent of the questions in each subject area may be true or false questions, and 75 or more questions answered correctly is a passing score. The school or training facility shall issue a certificate of completion to each student who successfully completes the training standards established herein. Each certificate shall bear the name and license number of the school at which training was received.

(3) Private Investigator Examination. Applicants for Class “M,” “MA,” and “C” licenses must submit proof, completed by a member of a division regional office, on form 16060 (03/2018), Certificate of Completion, which is hereby incorporated by reference and can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-09650, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter, of having successfully passed an examination that covers the provisions of Chapter 493, F.S. The examination, consisting of 100 questions, will be administered by the division, after the examination fee of $100 is paid to the division and the applicant’s identity is verified. A passing score shall be 75 correct answers.

(4)(a) An applicant for a Class “CC” license must complete a 40-hour course pertaining generally to private investigative techniques and Chapter 493, F.S. at a state university, school, community college, college or university (hereafter “institution”) under the purview of the Florida Department of Education and must successfully pass an examination.

(b) The applicant must submit proof of successfully passing the examination on Form 16062 (11/2017), Certificate of Completion, which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09651, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter, with his or her application for licensure. Certificates of Completion shall be issued by the institution.

(c) Institutions providing private investigative intern courses shall teach, at a minimum, the subject areas set forth in the Private Investigator Intern Training Curriculum Guide P-01876, (06/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09652, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter. Private investigative intern courses may be provided by face-to-face presentation, on-line technology, or home study. Whatever the mode of instruction, students shall attend or participate in sessions or classes in accordance with statutes, rules and procedures of the Florida Department of Education.

(d) Institutions shall verify the identity of an intern before the examination is taken. The examination shall consist of 170 questions, and 128 correct answers shall be a passing score. No more than 50% of the questions may be true or false questions.

(5) Retention of records.

(a) Each school or facility administering examinations shall maintain the following records:

1. A schedule which shall include the date, time, location and instructor of each class session;

2. A separate file for each course which establishes that minimum course standards were met to include, at a minimum, the course materials and reference sources used for each class presentation and the original of each final exam bearing the grade received and the signature of the student;

3. A log for each class session containing the signature of each student in attendance;

4. A copy of any certificate, diploma or other record presented to each student which establishes the successful completion of the course of study and final examination.

5. A separate file on each approved instructor containing, at a minimum, a copy of the qualifications and license of each.

6. Records shall be maintained for a minimum period of two years at the school or facility. Each school or facility shall immediately produce student records for inspection by an investigator of the department upon request.

(b) A Class “DS” security school or training facility conducting an online course, must also maintain a digital record of the student attendance log for each class session, records of all training sessions, including the name and license number of the instructor(s) who are present online with the students while the students are receiving instruction, and proof of compliance with all security protocols at the school or training facility’s place of business in this state. The records required under this subsection must immediately be made accessible to the department's investigators upon request. If all electronic records are not immediately available, the school or training facility manager shall explain to the requesting investigator why the records are not immediately available and provide the records within 3 business days.

(c) A school or training facility can meet division record-keeping requirements through the retention of the original paper records, or by scanning such records into an electronic format. Online training records may be retained in electronic form as long as they are reproducible or transmittable upon request from an investigator of the department.

History

• Rulemaking Authority 493.6132(4), (7), 493.6203(5), (6), 493.6303(2), (4), 493.6304(3), 493.6406(3) FS. Law Implemented 493.6132, 493.6203(5), (6), 493.6303(4), 493.6403(2), (3), 493.6406(3) FS. History–New 10-1-91, Amended 2-18-93, 7-6-93, 10-6-93, 12-5-94, 7-31-96, Formerly 1C-3.140, Amended 1-1-05, 1-1-08, 8-26-08, 8-30-18, 6-23-19, 7-19-23, 11-28-24.

Fla. Admin. Code R. 5N-1.142 Reporting Requirements

(1) Hire and Termination of Employee(s).

(a) Within 15 days of hire or termination of any employee who has applied for or holds a license regulated under Chapter 493, F.S., each agency shall make notification to the department providing the information herein.

(b) Notification shall be made electronically through submission of an Employee Action Report using the division’s licensing information and alert system portal located at the following website address: https://licensing.fdacs.gov/EAR/earlogin.aspx.

(c) Upon the hire of an employee, an agency must submit the employee’s license number and hire date.

(d) Upon the termination of an employee, an agency must submit the employee’s license number, agency contact name and phone number, date of termination (or resignation), cause for termination, and county where incident occurred, if applicable. The county where the incident occurred is required if a violation of Chapter 493, F.S. was the basis for termination.

(e) In the event an agency is reporting the hire or termination of an employee who has submitted an application, in addition to paragraphs (1)(c) and (d), the agency must also submit the individual’s name, social security number and temporary license type.

(f) Sections 493.6105, 493.6304, and 493.6406, Florida Statutes (F.S.), in conjunction with Section 119.071(5)(a)2., F.S., mandate that the Department of Agriculture and Consumer Services, Division of Licensing, obtain Social Security numbers from applicants. Applicant Social Security numbers are maintained and used by the Division of Licensing for identification purposes, to prevent misidentification, and to facilitate the approval process by the division. The Department of Agriculture and Consumer Services, Division of Licensing, will not disclose an applicant’s Social Security number without consent of the applicant to anyone outside of the Department of Agriculture and Consumer Services, Division of Licensing, or as required by law. [See Chapter 119, F.S., 15 U.S.C. ss. 1681 et seq., 15 U.S.C. ss. 6801 et seq., 18 U.S.C. ss. 2721 et seq., Pub. L. No. 107-56 (USA Patriot Act of 2001), and Presidential Executive Order 13224.]

(2) Change in Partner, Corporate Officer, or LLC Member.

In the event a licensed agency changes a partner, corporate officer, or LLC member, an agency shall, within 5 working days, submit:

(a) FDACS-16055 Change in Partner, Corporate Officer, or LLC Member, (05/2018), which is hereby incorporated by reference and can be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-09884, or from the Division of Licensing at the addresses listed in Rule 5N-1.100, F.A.C. of this chapter.

(b) In addition to FDACS–16055, one of the following documents must accompany the application:

1. A copy of the minutes from the meeting of the corporation’s board of directors at which such change took affect;

2. A notarized letter of resignation of previous officer; or

3. Amended Articles of Incorporation filed with the Department of State.

(3) Firearm Discharge Reporting.

Whenever a Class “G” licensee discharges her or his firearm in the course of her or his duties, the Class “G” licensee and the agency by which she or he is employed shall:

(a) Within 5 working days, submit to the department a completed FDACS – 16001 Firearm Incident Report, (eff. 4/93), as incorporated in Rule 5N-1.100, F.A. C.

(b) The report must include an explanation describing the nature of the incident, the necessity for using the firearm, the name, phone number, and address of any witnesses if applicable, and a copy of any report prepared by a law enforcement agency.

(c) The department may revoke or suspend the Class “G” licensee’s license and the licensed agency’s license if this requirement is not met.

(4) Training Reporting Requirements.

(a) A Class “K” license instructor engaged in teaching, must register an account online via the Licensing Information and Alert System (LIAS) available on the department’s website https://licensing.fdacs.gov/lias/login.aspx, to report class completion of any portion taught by the Class “K” instructor, provide the division necessary information regarding a student’s eligibility for a Class “G” firearms license and to generate Certificates of Firearms Proficiency for Statewide Firearm License, on Form FDACS-16005, revised 01/23. The information required in this electronic reporting system is provided in the Training Reporting for Class “K” Instructors, Form FDACS-P-02189, effective 03/23, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-15450, and available on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. This form is provided for informational purposes only.

(b) Within 3 business days, a Class “K” instructor must electronically report to the Division of Licensing via their required LIAS account:

1. Any student who successfully completes any portion of the initial firearms qualification, consisting of both the in-person range and the classroom training (in person or online),

2. Any student who successfully completes annual requalification training.

3. Any student who successfully completes additional training for each type and caliber of approved firearm.

4. Any student who fails to satisfactorily complete any portion of prescribed training or testing.

(c) A school or training facility engaged in training, must register an account online via the Licesing Information and Alert System (LIAS) available on the department’s website https://licensing.fdacs.gov/lias/login.aspx, to report all students who successfully complete training, testing, and generate a Certificate of Security Officer Training form FDACS-16103, effective 01/23. The information required in this electronic reporting system is provided in the Training Reporting for Class “DS” Schools, Form FDACS-P-02188, effective 03/23, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-15451, and available on the division’s forms website https://licensing.fdacs.gov/forms/FormsRequest493.aspx. This form is provided for informational purposes only.

(d) Within 3 business days, a Class “DS” school or training facility must electronically report to the Division of Licensing via their required LIAS account any student who successfully completes classroom training in person or online.

History

• Rulemaking Authority 493.6103 FS. Law Implemented 493.6105, 493.6112, 493.6118, 493.6115(9), 493.6303(4) FS. History–New 10-10-18, Amended 7-19-23.

Fla. Admin. Code R. 5N-1.150 Services on Behalf of the Department by Appointed Tax Collector

(1) Tax Collectors who have been appointed to accept new license applications may do so for Class “D” license type only.

(2) Tax Collectors who have been appointed to provide fingerprinting and photographing services may do so for applicants of all license types so long as the associated application was submitted by the applicant online or by mail to the department.

History

• Rulemaking Authority 493.6103, 493.6127 FS. Law Implemented 493.6127 FS. History–New 3-10-25.

Division 5H Division of Marketing and Development

Chapter 5H-1 DEALERS IN AGRICULTURAL PRODUCTS

Fla. Admin. Code R. 5H-1.001 Bond and/or Certificate of Deposit Required; Agricultural Products

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.19, 604.20(1) FS. History–New 9-12-79, Amended 1-11-81, 5-2-82, Formerly 5H-1.01, Amended 5-3-90, 7-7-92, 2-26-96, 8-11-96, 1-11-06, Transferred to 5J-25.001.

Fla. Admin. Code R. 5H-1.002 Bond Required; Livestock and Ornamental Nursery Products

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.20(1) FS. History–New 7-1-71, Repromulgated 12-31-74, Amended 1-11-81, Formerly 5H-1.02, Repealed 5-2-82.

Fla. Admin. Code R. 5H-1.003 License Fee to Be Paid

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.19 FS., Chapter 90-161, Laws of Florida. History–New 9-12-79, Amended 1-11-81, 10-30-85, Formerly 5H-1.03, Amended 12-5-90, 1-11-06, Transferred to 5J-25.003.

Fla. Admin. Code R. 5H-1.004 Certificates of Deposit in Lieu of Surety Bonds

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.19, 604.20, 604.21(1), (2), (8) FS. History–New 11-16-83, Amended 9-2-84, Formerly 5H-1.04, Amended 3-27-86, 6-24-90, 12-10-92, Repealed 1-11-06.

Fla. Admin. Code R. 5H-1.005 Security Requirements for Grain Dealers

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.33 FS. History–New 2-2-86, Transferred to 5J-25.005.

Fla. Admin. Code R. 5H-1.006 Definitions

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.15, 604.27 FS. History–New 8-15-11, Transferred to 5J-25.006.

Fla. Admin. Code R. 5H-1.007 Content of Dealers Records

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.22, 604.27 FS. History–New 8-15-11, Transferred to 5J-25.007.

Fla. Admin. Code R. 5H-1.008 Guidelines for Imposing Administrative Penalties

History

• Rulemaking Authority 604.27 FS. Law Implemented 604.27, 604.30 FS. History–New 8-15-11, Transferred to 5J-25.008.

Fla. Admin. Code R. 5H-1.009 Documents Incorporated By Reference

History

• Rulemaking Authority 534.48, 535.02, 604.27 FS. Law Implemented 534.48, 535.01, 604.16, 604.18, 604.20, 604.21, 604.23, 604.33 FS. History–New 8-15-11, Transferred to 5J-25.009.

Chapter 5H-2 MARKETING ORDERS GENERALLY

Fla. Admin. Code R. 5H-2.001 Definition of Producer with Relation to Referendums

History

• Rulemaking Authority 573.22(2) FS. Law Implemented 573.04(5) FS. History–New 6-29-62, Formerly 5H-2.01, Transferred to 5G-7.001.

Fla. Admin. Code R. 5H-2.002 Definition of “Handler” with Relation to Referendums

History

• Rulemaking Authority 573.22(2) FS. Law Implemented 573.04(7) FS. History–New 6-29-62, Formerly 5H-2.02, Transferred to 5G-7.002.

Fla. Admin. Code R. 5H-2.003 Assessments; Collections

History

• Rulemaking Authority 573.118(2), 573.119 FS. Law Implemented 573.112, 573.118(2), 573.119 FS. History–New 6-4-95, Amended 11-9-11, Transferred to 5G-7.003.

Fla. Admin. Code R. 5H-2.004 Rate of Assessments; Exemptions

History

• Rulemaking Authority 573.118(2) FS. Law Implemented 573.118(2), 573.119 FS. History–New 6-4-95, Repealed 11-9-11.

Chapter 5H-5 TOBACCO SALES REPORT

Fla. Admin. Code R. 5H-5.001 Information for Weekly Report

History

• Rulemaking Authority 574.08, 574.14 FS. Law Implemented 574.08 FS. History–Repromulgated 12-31-74, Formerly 5H-5.01, Amended 6-4-95, Repealed 11-17-11.

Fla. Admin. Code R. 5H-5.004 Tobacco Warehouses; Auction, Weighing and Handling Fees; Commission on Gross Sales

History

• Rulemaking Authority 574.14 FS. Law Implemented 574.12(1) FS. History–New 7-22-65, Repromulgated 12-31-74, Formerly 5H-5.04, Amended 8-12-91, Repealed 11-17-11.

Chapter 5H-15 PUBLIC VENDUE OF THOROUGHBRED HORSES

Fla. Admin. Code R. 5H-15.001 Definitions

(1) Sales organization means any person, firm or corporation holding, sponsoring or conducting a public vendue at which thoroughbred horses are offered for sale within the State of Florida.

(2) Department means the Department of Agriculture and Consumer Services of the State of Florida.

(3) Sales (public vendue) of thoroughbred horses are classified as Class A, Class B and Class C defined as follows:

(a) Class A sale means a sale wherein the sales organization has established that each horse entered has a minimum value of $7500.

(b) Class B sale means a sale wherein the sales organization has established that each horse entered has a minimum value of $2500.

(c) Class C sale means a sale wherein the sales organization has established no minimum value for horses entered for sale.

History

• Rulemaking Authority 535.02 FS. Law Implemented 535.01, 535.02 FS. History–New 10-23-85, Formerly 5H-15.01, Amended 6-4-95.

Fla. Admin. Code R. 5H-15.002 Classification of Sales

History

• Rulemaking Authority 535.02 FS. Law Implemented 535.01, 535.02 FS. History–New 10-23-85, Formerly 5H-15.02, Repealed 6-4-95.

Fla. Admin. Code R. 5H-15.003 Application, Financial Responsibility, Fees and License

(1) Application.

(a) The sales organization shall make application to the department for license for public vendue of thoroughbred horses at least 2 months prior to the date on which the sale is to be conducted. Such application shall specify the name and address of applicant and date, location and class of the sale.

(b) The sales organization shall furnish on request an estimate of the minimum value of animals to be entered in the sale.

(2) Financial Responsibility. Based on the class of sale to be held, the sales organization shall furnish a surety bond in an amount as follows: For Class A sale, $100,000; for Class B sale, $50,000; and for Class C sale, $10,000.

(3) Fees. The department shall assess and collect a fee of $300 from the sales organization prior to issuance of a license for public vendue.

(4) License. Each sale requires a separate license. The license shall contain the name and address of the licensee, and the date, location and class of the sale.

History

• Rulemaking Authority 535.02 FS. Law Implemented 535.01, 535.02, 535.05 FS., as amended by Section 6, Chapter 92-151, Laws of Florida. History– New 10-23-85, Formerly 5H-15.03, Amended 12-10-92.

Fla. Admin. Code R. 5H-15.004 Sales Facilities

The sales organization shall be required to clean and disinfect all pens, stalls, chutes and alleyways of the sales facility immediately prior to the date of the sale and before any animals shall be received at the sales facility. The sales organization shall furnish the necessary facilities for housing animals entered in the sale and an adequate water supply. It shall be the responsibility of the owner to arrange for the handling and care of his animals while housed at the sales facility.

History

• Rulemaking Authority 535.02 FS. Law Implemented 535.02 FS. History–New 10-23-85, Formerly 5H-15.04.

Chapter 5H-16 AGRICULTURAL MARKETING FACILITIES

Fla. Admin. Code R. 5H-16.001 Purpose

The purpose of this rule is to establish procedures to be used to enter into contracts for construction or renovation of buildings or structures located on agricultural marketing facilities.

History

• Rulemaking Authority 570.53(7) FS. Law Implemented 570.53(7) FS. History–New 12-31-91.

Fla. Admin. Code R. 5H-16.002 Letter of Intent

Any person leasing premises at an agricultural marketing facility interested in constructing or renovating a building or structure at the facility shall first obtain from the Department and review the standard format for an Amendment to Lease and Agreement, described herein and in Rule 5H-16.003, F.A.C., which must be prepared and executed prior to commencement of construction. After such review and if the form is acceptable, then such person shall then submit a Letter of Intent to fund the project. The Letter of Intent is a request for permission to construct such improvement(s) and shall contain that person’s personal and business identity, address, telephone number, type of business, description of kind of use of improvement, conceptual drawing of the proposed improvement(s); and the source, or sources, of funding, all in form and substance acceptable to the Department.

History

• Rulemaking Authority 570.53(7) FS. Law Implemented 570.53(7) FS. History–New 12-31-91.

Fla. Admin. Code R. 5H-16.003 Amendment to Lease and Agreement

Upon review and approval of the Letter of Intent by the Department, the Amendment to Lease and Agreement to be executed by the Department and tenant will be prepared by the Department in final form to be executed by both parties. The Amendment to Lease and Agreement must allow the tenant a sufficient lease term extension, not to exceed ten years, to make the project financially feasible, be in the best interests of the Department, and contain all lease amendments and contractual provisions related to construction or renovation required by the Department.

History

• Rulemaking Authority 570.53(7) FS. Law Implemented 570.53(7) FS. History–New 12-31-91.

Chapter 5H-17 FLORIDA AGRICULTURAL PROMOTION CAMPAIGN

Fla. Admin. Code R. 5H-17.001 Purpose; Establishment of Campaign

History

• Rulemaking Authority 571.24(9) FS. Law Implemented 571.22, 571.24 FS. History–New 6-22-92, Repealed 2-8-17.

Fla. Admin. Code R. 5H-17.002 Definitions

For purposes of this chapter, the definitions in Section 571.23, F.S., and the following shall apply:

(1) “Agricultural product” as defined in Section 571.23, F.S.

(2) “Agritourism activity” as defined in Section 570.86, F.S.

(3) “Allied Member” is a membership classification which means a person, unified group, association, or business supporting the efforts of the campaign.

(4) “Broker” is a membership classification which means a person engaged in the business of negotiating the sale of Florida agricultural products to retailers or wholesalers.

(5) “Campaign” or “the Campaign” means the Florida Agricultural Promotional Campaign (FAPC), also commonly referred to as the Fresh From Florida (FFF) program, which is a marketing tool for the promotion of Florida agricultural products, and agricultural related businesses and which allows FAPC members to identify with the FFF brand through the use of its identifiers under the criteria established in Rule 5H-17.003, F.A.C.

(6) “Dietary supplement” as defined in section 500.03(1)(n)5., Florida Statutes.

(7) “Identifiers” mean the “Fresh From Florida,” “Fresh From Florida Made With Florida,” “From Florida USA,” and “Fresh From Florida Proud Supporter” logos shown in the document titled Florida Agricultural Promotional Campaign Identifiers, (Rev. 03/23), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-15427 or can be obtained from the Division of Marketing and Development, 407 South Calhoun Street, M-9, Tallahassee Florida 32399-0800. The term also includes cosmetic variations of the logos which have been authorized by the department for use in the Campaign.

(8) “Landed” means the physical act of bringing harvested seafood products ashore.

(9) “Non-profit/Educational Organization” is a membership classification which means a non-profit organization, or all schools within the education system of Florida.

(10) “Producer” is a membership classification which means a person growing, raising, or harvesting agricultural products in the state of Florida.

(11) “Retailer” is a membership classification which means a person engaged in the business of selling agricultural products to consumers, including foodservice and restaurants.

(12) “Shipper/Distributor/Packer/Repacker” is a membership classification which means a person engaged in the business of packing, shipping, processing, or repacking agricultural products in Florida.

(13) “Unprocessed” means that the food is in its raw state and has not been frozen or subjected to any form of thermal or metabolic processing or preservation, except the following: refrigeration, pasteurization, homogenization, the use of waxes or coatings, the use of post-harvest pesticides, the application of a mild chlorine wash or mild acid wash on produce, or the treatment of raw foods with ionizing radiation.

(14) “Wholesaler” is a membership classification which means a person engaged in the business of selling agricultural products to retailers.

History

• Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.23 FS. History–New 6-22-92, Amended 9-20-93, 12-12-93, 2-8-17, 8-26-20, 7-18-23, 6-11-24, 4-13-26.

Fla. Admin. Code R. 5H-17.003 Adoption of the Florida Agricultural Promotional Campaign Identifiers

(1) The Identifiers are emblems designed, determined, and adopted as identifiers for use in advertising, publicizing and promoting the sale of Florida agricultural products. The Identifiers are available for use in marketing Florida agricultural products only by persons or companies who are “Fresh From Florida” members and comply with the provisions of this chapter.

(2) The “Fresh From Florida” Identifier is eligible for use on items that are unprocessed Florida Agricultural products. In addition, Florida agricultural products in the following categories must meet the specified criteria in order to use the “Fresh From Florida” Identifier:

(a) Meats/Proteins: the agricultural product must be derived from animals born, raised and finished in Florida. Slaughter and processing must take place in a USDA inspected facility in Florida or within 21 days of exiting the state of Florida en route directly to a USDA inspected slaughter facility, and must comply with USDA labeling guidelines. The following USDA labeling guidelines are hereby incorporated by reference and available online at:

1. 9 CFR 317, January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-07775.

2. 9 CFR 381, January 1, 2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-07776.

(b) Milk: The “Fresh From Florida” Identifier is eligible for use only on milk that is pasteurized in Florida in accordance with Chapter 5K-10, Florida Administrative Code, and Chapter 502, Florida Statutes. The raw milk used to make the pastuerized milk governed by this rule must originate from the animals of a dairy farm located and permitted in Florida.

(c) Agritourism activities: The “Fresh From Florida” Identifier is eligible to be used in the promotion of agritourism activities within the state of Florida.

(d) Seafood: The “Fresh From Florida” identifier is eligible for use on all Florida seafood products or in the promotion of such products. Seafood products must be landed, grown, or harvested in Florida and shall not have been combined with a non-Florida agricultural product.

(3) The “Fresh From Florida Made With Florida” Identifier is eligible for use on items that contain Florida agricultural products that have been processed or combined with other products resulting in the creation of a new product.

(4) The “From Florida USA” Identifier is eligible for use on Florida agricultural products which meet the criteria established in subsection 5H-17.003(2) or (3), F.A.C., and are exported to other countries.

(5) The “Fresh From Florida Proud Supporter” Identifier is eligible for use on products which meet the criteria established in subsection 5H-17.003(2), (3) or (4), F.A.C.

History

• Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24(1) FS. History–New 6-22-92, Amended 2-8-17, 8-26-20, 7-18-23, 6-11-24.

Fla. Admin. Code R. 5H-17.004 Use of the Identifiers; Deposit of Funds

(1) No person shall use the Identifiers adopted herein without meeting the requirements established in Rule 5H-17.005, F.A.C.

(2) Identifiers shall not be used on product packaging, promotional advertisements, websites, banners or business signage, that;

(a) are profane, vulgar, racist, hateful or that meet the definition of obscene as set forth in Section 847.001(12), F.S.;

(b) offer for sale or otherwise promote products without a lawful use in commerce;

(c) offer for sale or otherwise promote products which are made from or contain as an ingredient any part of any plant of the genus Cannabis including, but not limited to hemp extract products, CBD products, THC products, loose hemp flower, and hemp pre-rolls;

(d) offer for sale or otherwise promote products which are made from or contain as an ingredient any part of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant;

(e) offer for sale or otherwise promote products that are a dietary supplement; or

(f) offer for sale or otherwise promote any food products which do not comply with Chapter 500, F.S., or rules adopted pursuant thereto.

(3) The department may forbid the use of Identifiers on or in connection with the sale of a product that would damage the “Fresh From Florida” brand integrity. In determining whether a product would damage brand integrity, the department will consider the following:

(a) the use of unsubstantiated health claims in promoting the product;

(b) the level of health risk associated with the product;

(c) whether the sourcing of the product cannot be documented or verified.

(4) The Identifiers are eligible for use as gum labels attached to the product or product containers, printed on containers, incorporated in private product packaging, stamped directly on the products, printed on ribbons or bands attached, printed on shipping containers, displayed on business vehicles, websites, banners and signage at business locations or used on menus and in print/digital media or promotional materials and advertising.

(5) Reproduction of the Identifiers shall be made only from the artwork supplied by the department.

(6) Any Florida agricultural product which meets the criteria established in Rule 5H-17.003, F.A.C., is eligible for inclusion within the Campaign, subject to the limitations provided in this rule.

(7) All monies received by the department from the sale of media/promotional advertising materials that incorporate the Identifiers shall be deposited into the Florida Agricultural Promotional Campaign Trust Fund.

(8) Terminology that suggests endorsement by the department such as “endorsed,” “exclusive,” “certified,” and “preferred” may not be used while promoting affiliation with the “Fresh From Florida” brand.

(9) The purpose of the Campaign is to increase consumer awareness and expand the market for Florida’s agricultural products. Identifiers on product packaging must be prominently displayed in such a way as to actively promote the “Fresh From Florida” brand as part of the Campaign. In reviewing the placement of an Identifier on a product package the department will consider the following:

(a) The size of the Identifier as compared to the rest of the package;

(b) the use of color printing and surrounding colors to give prominence to the Identifier;

(c) the extent to which the Identifier is distinguished from other images and information on the package;

(d) the location of the Identifier and its visibility to consumers; and

(e) the extent to which other images and information may affect how consumers perceive the Identifier and Campaign.

Notwithstanding the above, a registrant who was lawfully using an Identifier on its product packaging in commerce at the time subsection (9) went into effect may continue to use the existing product packaging until registrant changes the design of its packaging or until December 31, 2027, whichever comes first. The use of the Identifier must comply with all other provisions of Chapter 5H-17, F.A.C.

(10) Proposed use of Identifiers on product packaging must be approved by the department prior to use to confirm compliance with Chapter 5H-17, F.A.C.

History

• Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24, 571.26 FS. History–New 6-22-92, Amended 2-8-17, 6-11-24, 4-13-26.

Fla. Admin. Code R. 5H-17.005 Participant Registration; Application Forms; Types of Membership; Renewal

(1) Registration. Prospective Campaign participants must apply to the department on the form adopted in subsection (5) of this rule, pay the membership fee as provided in subsection (3) of this rule, if applicable, and agree to abide by the the Identifier use criteria established in Rules 5H-17.003 and 5H-17.004, F.A.C.

(2) Renewal. Each registrant shall renew membership annually on the anniversary date of original registration by submitting the renewal form adopted in subsection (5) of this rule, and the annual membership fee of $50.

(3) Types of Membership.

(a) Paid Membership. Must submit a $50 membership fee with the application.

1. Producer

2. Broker

3. Shipper/Distributor/Packer/Repacker

4. Wholesaler

(b) Non-paid Membership. A membership fee is not required with the application.

1. Retailer

2. Non-Profit/Educational Organization

3. A Florida Saltwater Products Dealers License holder pursuant to Section 379.362, F.S.

4. Persons who have paid alligator egg collection fees pursuant to Section 379.3751, F.S.

5. Allied Member

(4) Registration to use the Identifiers is not transferable.

(5) Forms. The following documents are hereby incorporated by reference. Copies of these documents can be obtained from the Division of Marketing and Development, 407 South Calhoun Street, M-9, Tallahassee, Florida 32399-0800 or online as indicated:

(a) “Fresh From Florida” Membership Application, FDACS-06203 (Rev. 05/24), http://www.flrules.org/Gateway/reference.asp?No=Ref-16574.

(b) “Fresh From Florida” Member Renewal Form, FDACS-06611 (Rev. 05/24), http://www.flrules.org/Gateway/reference.asp?No=Ref-16576.

(c) “Fresh From Florida” Logo Incentive Program Application, FDACS-06711 (Rev. 03/26), http://flrules.org/Gateway/reference.asp?No=Ref-19093.

History

• Rulemaking Authority 570.07(23), 571.24, 571.25(2) FS. Law Implemented 571.25 FS. History–New 6-22-92, Amended 9-20-93, 12-12-93, 2-8-17, 8-26-20, 7-18-23, 6-11-24, 4-13-26.

Fla. Admin. Code R. 5H-17.006 Penalties

(1) The department may impose one or more of the following penalties against any person who violates any of the provisions of the Florida Agricultural Promotional Campaign Act or this rule chapter:

(a) Issuance of a warning letter.

(b) Imposition of an administrative fine in the Class I category pursuant to Section 570.971, F.S., per violation for a first-time offender.

(c) For a second-time offender or a person who is shown to have willfully and intentionally violated this part or any rules adopted under this part, the administrative fine shall be in the Class II category pursuant to Section 570.971, F.S., for each violation.

(d) The term “each violation” means each incident in which a logo of the Florida Agricultural Promotional Campaign has been used, reproduced, or distributed in any manner inconsistent with this part or the rules adopted under this part.

(e) Revocation or suspension of program membership.

(2) The department is also authorized by Section 571.301, F.S., to seek an injunction to restrain any person from failing or refusing to comply with the requirements of the Florida Agricultural Promotional Campaign Act or this rule chapter.

History

• Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.29, 571.301 FS. History–New 6-22-92, Amended 2-8-17.

Fla. Admin. Code R. 5H-17.007 Acquisition Procedures for Purchasing Services Directly Related to the Campaign

History

• Rulemaking Authority 571.27 FS. Law Implemented 571.27 FS. History–New 6-22-92, Repealed 2-8-17.

Chapter 5H-19 ORGANIC FARMING

Fla. Admin. Code R. 5H-19.002 Definitions

History

• Specific Authority 504.32 FS. (1993). Law Implemented 504.23 FS. (1993). History–New 10-17-91, Amended 6-4-95, Repealed 7-7-08.

Fla. Admin. Code R. 5H-19.003 License

History

• Specific Authority 504.32 FS. (Supp. 1990). Law Implemented 504.28(1), 504.31(3) FS. (1993). History–New 10-17-91, Amended 6-4-95, Repealed 7-7-08.

Fla. Admin. Code R. 5H-19.004 Standards for Organic Food Production

History

• Specific Authority 504.32 FS. (1993). Law Implemented 504.29(1), (2), (3), (4), (5) FS. (1993). History–New 10-17-91, Repealed 7-7-08.

Fla. Admin. Code R. 5H-19.006 Certifying Agent; Authority; Duties; Conflict of Interest

History

• Specific Authority 504.32 FS. (1993). Law Implemented 504.26, 504.29 FS. (1993). History–New 10-17-91, Amended 6-4-95, Repealed 7-7-08.

Fla. Admin. Code R. 5H-19.010 Retail Organics; Notification

History

• Specific Authority 504.32 FS. Law Implemented 504.28(2) FS. History–New 6-4-95, Repealed 7-7-08.

Chapter 5H-21 AGRICULTURAL ECONOMIC DEVELOPMENT PROGRAM

Fla. Admin. Code R. 5H-21.001 Purpose

History

• Rulemaking Authority Section 7, Chapter 91-268, Laws of Florida Law Implemented Chapter 91-279, Laws of Florida History–New 12-31-91, Repealed 7-5-95.

Fla. Admin. Code R. 5H-21.002 Definitions

The definitions in Section 570.242, F.S., and the following apply:

(1) “AED Program” means the Agricultural Economic Development Program.

(2) “Agribusiness” means any agricultural proprietorship, partnership, corporation, association or cooperative interested in producing alternative crops or expanding into value-added processing and/or marketing.

(3) “Alternative crops” means potentially profitable crops or livestock produced in an area which historically were not grown there.

(4) “Applicant” means any agribusiness, educational institution or government entity requesting assistance from the AED Program.

(5) “Key personnel” means vital members of management or consultants.

(6) “Principal” means an officer, director or owner of ten (10) percent or more of an agribusiness; or for an association or cooperative, an officer, director or voting member.

(7) “Profit” means the increase in the net worth of an agribusiness enterprise in a given accounting period, prior to any bonuses, dividends, patronage refunds or salary increases.

(8) “Project Business Plan” means the business plan as requested by the AED Program. Project Business Plans are forwarded to the Committee for determination of assistance, as recommended to the Commissioner.

(9) “Value-added” means taking raw commodities or products and, through processing and/or creative marketing, adding additional value to the commodity.

History

• Rulemaking Authority 570.247 FS. Law Implemented 570.242 FS. History–New 12-31-91, Amended 7-5-95.

Fla. Admin. Code R. 5H-21.003 Notification Procedure

The department shall provide public notice, including publication in the Florida Administrative Register, of the AED Program and the availability of assistance, as stated in Section 286.011, F.S.

History

• Rulemaking Authority 570.247 FS. Law Implemented 570.242, 286.011 FS. History–New 12-31-91, Amended 7-5-95.

Fla. Admin. Code R. 5H-21.004 Project Application for Consideration

History

• Rulemaking Authority Section 7, Chapter 91-268, Laws of Florida Law Implemented Chapter 91-279, Laws of Florida History–New 12-31-91, Repealed 7-5-95.

Fla. Admin. Code R. 5H-21.005 Project Criteria for Evaluation and Funding

(1) The minimum criteria to be used by the Department in identifying a project as facilitating rural agricultural economic development and the growth of Florida shall consist of satisfaction of the following:

(a) Each Project for Consideration must address the production of alternative crops, value-added processing and/or marketing or vocational training.

(b) Each project must benefit agricultural development within agriculturally depressed areas of the state.

(2) Prior to consideration by the Committee, Department staff shall review each Project to determine that the project will facilitate the agricultural economic development and growth of rural Florida.

(3) Project Business Plans which are submitted for review by Department staff and the Committee shall, when applicable, contain the following format:

(a) Executive Summary.

(b) Project Description.

1. Present Situation.

2. Goals.

3. Methods and Procedures Proposed to Reach Goals.

(c) Organizational Setup.

1. History of the Business Entity.

2. Documentation.

a. Articles of Incorporation.

b. By-laws.

3. Special Status (501(c)(3), Minority Business, Etc.).

(d) Projected Schedule of Activities.

(e) Management Plan – Description of Personnel.

1. Resumes of Project’s “Leaders” (two-page maximum per resume).

2. Job Descriptions of Proposed “Key Personnel”.

3. Salaries and Compensation.

(f) Actual or Proposed Facilities.

1. Description.

2. Location.

3. Suitability (i.e., Advantages or Disadvantages).

4. Cost to Build, Purchase or Rent.

(g) Operations.

1. Production Method.

2. Equipment.

(h) Marketing.

1. Market Analysis.

2. Marketing Plan.

(i) Finances.

1. Financial Statements – Previous, Present and/or Pro Forma (Three Year Historical and Three Year Pro forma, if applicable).

a. Income Statement.

b. Cash-Flow.

c. Balance Sheet.

2. Financial Commitment of Principals.

(j) Economic Impact.

(k) Proposed AED Assistance.

1. Request for Financial Assistance.

a. Amount and Specific Purposes.

b. Estimates from Suppliers.

2. Request for Non-Financial Assistance.

a. Amount and Specific Purposes.

b. Estimates from Suppliers or Consultants.

3. Repayment Schedule.

(4) The Department shall publish in the Florida Administrative Register, at least seven (7) days prior to Committee meetings, notification of the time and place the Committee shall meet. Such meetings shall be open to the public. The Department shall also provide prior notification of Committee meetings by mailing a notice to each applicant whose agricultural economic development project is to be considered.

(5) The following criteria will be used by the Committee to evaluate agricultural economic development projects and to recommend funding by the Department:

(a) The importance of the project to the financial well-being of farmers in the region or state.

(b) The location of the project and its potential impact on the local and state economies. Projects are to be located in or directly benefiting agriculturally depressed areas, as defined in Section 570.242(1), F.S..

(c) The amount of AED Program funds requested.

(d) The amount of previous and new capital investment by the agribusiness relative to the amount of AED Program funds requested.

(e) The absence or insufficiency of other funds to carry out the agricultural economic development project.

(f) The number and type of new full-time or part-time permanent jobs to be created or retained by the agribusiness and the cost per job created relative to the amount of AED Program funds requested.

(g) The number of principals directly benefiting from the project.

(6) Three members of the committee present shall constitute a quorum. An affirmative vote of a majority of the quorum is required to recommend assisting a project.

(7) The Department will determine the level of funding for any agricultural economic development project and may limit the amount of funds available during any time period to ensure future availability of funds for other projects of higher priority or to establish reserves in the AED Program Trust Fund.

History

• Rulemaking Authority 570.247 FS. Law Implemented 570.242, 570.247 FS. History–New 12-31-91, Amended 7-5-95.

Fla. Admin. Code R. 5H-21.006 Determination of Assistance

History

• Rulemaking Authority Section 7, Chapter 91-268, Laws of Florida Law Implemented Chapter 91-279, Laws of Florida History–New 12-31-91, Repealed 7-5-95.

Fla. Admin. Code R. 5H-21.007 Establishing Reserves

History

• Rulemaking Authority Section 7, Chapter 91-268, Laws of Florida Law Implemented Chapter 91-279, Laws of Florida History–New 12-31-91, Repealed 7-5-95.

Fla. Admin. Code R. 5H-21.008 Contracting with Governmental Bodies or Agribusiness Entities

History

• Rulemaking Authority Section 7, Chapter 91-268, Laws of Florida Law Implemented Chapter 91-279, Laws of Florida; 287.058 FS. History–New 12-31-91, Repealed 7-5-95.

Fla. Admin. Code R. 5H-21.009 Repayment and Reporting Procedures

(1) All financially and non-financially assisted agribusinesses shall repay the AED Program a predetermined percentage of their annual profits, if applicable, as defined in Rule 5H-21.002, F.A.C., until repayment is complete. The percentage will be determined by the Department as part of the approval process prior to any disbursement of funds.

(2) Payments by the assisted agribusinesses are due to the Department annually, within ninety days of the close of its fiscal year, are to be made to the Agricultural Economic Development Trust Fund and shall be accompanied by annual financial statements by a Certified Public Accountant showing the financially assisted agribusiness’ profits and net worth.

(3) A periodic update, either annually or as agreed to by the applicant and the Department, is required. The reports must contain:

(a) A narrative description of the work completed.

(b) Annual production, total sales, jobs created and results to date.

(c) All applicant-pledged expeditures along with all AED Program funded expenditures, with copies of estimates and receipts.

(d) A current list of principals of the agribusiness.

(4) Upon utilization of approved AED Program funds, an audit or a notarized attestation statement is to be sent by the president or chairman of the agribusiness; or, in the case of government entities and educational institutions, a departmental director to the Department. This is to certify that the agribusiness, agency or institution has expended said funds only on the predetermined eligible expenses pursuant to Section 216.349, F.S.

(5) All approved AED Program funds are to be deposited upon receipt into a separate interest bearing account as required by Section 216.181(14)(b), F.S., to preserve the integrity of said funds. All accrued interest on said account must be returned to the Department within thirty days of the close of the months of June and December along with copies of the account’s bank statements, regardless of the month in which funds were received.

(6) Failure to submit timely and accurate information can be grounds for refusal for further assistance through the AED Program.

History

• Rulemaking Authority 570.247 FS. Law Implemented 570.247, 216.349, 216.181(14)(b) FS. History–New 12-31-91, Amended 7-5-95.

Fla. Admin. Code R. 5H-21.010 Reporting Requirements

History

• Rulemaking Authority Section 7, Chapter 91-268, Laws of Florida Law Implemented Chapter 91-279, Laws of Florida; 216.181(12)(b) FS. History–New 12-31-91, Repealed 7-5-95.

Chapter 5H-22 FLORIDA FARM WINERY PROGRAM

Fla. Admin. Code R. 5H-22.001 Purpose

History

• Rulemaking Authority 599.004, FS. (1992), as crated by Section 30, Chapter 92-151, Laws of Florida. Law Implemented 599.004 FS. (1992), as created by Section 30, Chapter 92-151, Laws of Florida History–New 12-31-92, Repealed 6-4-95.

Fla. Admin. Code R. 5H-22.002 Definitions

History

• Rulemaking Authority 599.004, FS. (1992), as crated by Section 30, Chapter 92-151, Laws of Florida. Law Implemented 599.004 FS. (1992), as created by Section 30, Chapter 92-151, Laws of Florida History–New 12-31-92, Repealed 6-4-95.

Fla. Admin. Code R. 5H-22.003 Qualification as a Florida Farm Winery Tourist Attraction

A winery desiring registration with and certification by the department as a Certified Farm Winery tourist attraction shall submit an annual application to the department on Form 5H-22-1, effective 10-13-92, hereby adopted and incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Marketing, Mayo Building, Tallahassee, Florida 32399-0800.

History

• Rulemaking Authority 599.004 FS. (1992), as created by Section 30, Chapter 92-151, Laws of Florida. Law Implemented 599.004(1)(a)4. FS. (1992), as created by Section 30, Chapter 92-151, Laws of Florida. History–New 10-13-92.

Fla. Admin. Code R. 5H-22.004 Adoption of Logo Emblem and Directional Sign

The logo emblem and directional sign depicted below are hereby designated and adopted as the Florida Farm Winery logo emblem and directional sign.

History

• Rulemaking Authority 599.004 FS. (1992), as created by Section 30, Chapter 92-151, Laws of Florida. Law Implemented 599.004(2)(a) FS. (1992), as created by Section 30, Chapter 92-151, Laws of Florida. History–New 10-13-92.

Fla. Admin. Code R. 5H-22.005 Fees

History

• Rulemaking Authority 599.004, FS. (1992), as crated by Section 30, Chapter 92-151, Laws of Florida. Law Implemented 599.004(1)(a)5., 599.004(2)(c) FS. (1992), as created by Section 30, Chapter 92-151, Laws of Florida History–New 12-31-92, Repealed 6-4-95.

Chapter 5H-23 FAIRS AND EXPOSITIONS

Fla. Admin. Code R. 5H-23.001 Eligibility for Fair Permit

Only fair associations incorporated under the provisions of Chapter 616, F.S., shall qualify for or receive a fair permit from the Department of Agriculture and Consumer Services.

History

• Rulemaking Authority 570.07(23), 616.165 FS. Law Implemented 616.15 FS. History–New 8-17-93, Amended 2-13-14.

Fla. Admin. Code R. 5H-23.002 Application for Fair Permit

(1) For the purpose of this chapter, the definitions in Section 616.001, F.S., and the following shall apply. The terms “central amusement attraction” and “central amusement company” shall be used interchangeably. As used in Section 616.101, F.S., “officer of the county” shall be those provided for in article VIII, section 1(d) of the Florida Constitution.

(2) Each fair association desiring a fair permit shall apply to the department at least three months before the desired host date of the annual public fair by submitting a completed Application for Fair Permit, FDACS-06100, (Rev. 06/16). Fair associations must also submit the supplemental materials requested on the application. Item Two (2), Affidavit, FDACS-06101, (Rev. 08/13), shall only be submitted if the fair association is contracting with a central amusement company to operate during the annual public fair for which the permit is desired.

(3) The department shall issue a Fair Permit, FDACS-06118, (Rev. 05/13), for any fair association satisfying these application requirements and shall issue a Tax Exemption Certificate, FDACS-06117, (Rev. 05/13), to any central amusement company contracting with such fair associations.

(4) Section 616.15(3), F.S., allows the department to consider whether any proposed annual public fair will compete with another annual public fair within 50 miles of the proposed fair and to deny a permit application in such case; therefore, any fair association considering a date change for its annual public fair is encouraged to contact the department as soon as possible at (850)617-7380 to determine if the proposed date will create a conflict. In addition, by June 15 each year, each fair association shall submit to the department a Fair Data Sheet, FDACS-06111, (Rev. 05/13).

(5) The following documents are hereby adopted and incorporated by reference. Copies of these forms may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Marketing and Development, Suite 209, Mayo Building (M-37), Tallahassee, FL 32399-0800 or online as indicated.

(a) Application for Fair Permit, FDACS-06100, (Rev. 06/16), http://www.flrules.org/gateway/reference.asp?No=Ref-07782.

(b) Affidavit, FDACS-06101, (Rev. 05/13), https://www.flrules.org/gateway/reference.asp?No=Ref-03515.

(c) Fair Data Sheet, FDACS-06111, (Rev. 05/13), https://www.flrules.org/gateway/reference.asp?No=Ref-03518.

(d) Tax Exemption Certificate, FDACS-06117, (Rev. 05/13), https://www.flrules.org/gateway/reference.asp?No=Ref-03517.

(e) Fair Permit, FDACS-06118, (Rev. 05/13), https://www.flrules.org/gateway/reference.asp?No=Ref-03516.

History

• Rulemaking Authority 570.07(23), 616.12, 616.165 FS. Law Implemented 616.11, 616.12, 616.15, 616.242 FS. History–New 8-17-93, Amended 2-13-14, 1-11-17.

Fla. Admin. Code R. 5H-23.003 Fees for Fair Permit

(1) Each application for a fair permit shall be accompanied by a fee, to be calculated based on attendance at the prior year’s annual public fair, as follows:

(a) Two Hundred dollars ($200) – under 25,000 attendance;

(b) Two Hundred and seventy-five dollars ($275) – 25,000 to 100,000 attendance;

(c) Three Hundred and fifty dollars ($350) – over 100,000 attendance.

(2) Checks in payment of the fee shall be made payable to the Florida Department of Agriculture and Consumer Services (FDACS) and mailed to P.O. Box 6700, Tallahassee, Florida 32314-6720.

History

• Rulemaking Authority 570.07(23), 616.165 FS. Law Implemented 616.15 FS. History–New 8-17-93, Amended 2-13-14.

Fla. Admin. Code R. 5H-23.004 Waiver of Minimum Exhibit Requirements

The department shall waive the minimum exhibit requirements of Section 616.17, F.S., for any fair association that submits, to the department, a written request for waiver at least 30 days before to the annual public fair. The fair association must show good cause as to why the exhibit requirements cannot be met such as, but not limited to, the absence of local producers, products or activities in the exhibit list set out in Section 616.17, F.S.

History

• Rulemaking Authority 570.07(23), 616.165 FS. Law Implemented 616.17 FS. History–New 8-17-93, Amended 2-13-14.

Chapter 5H-24 ADMINISTRATION OF PERMANENT COLLECTIONS

Fla. Admin. Code R. 5H-24.001 Definitions

The following words and terms shall have the following meanings:

(1) “Accession” means the process of formally adding a newly-acquired artifact to the Museum’s permanent collections records and assigning it a unique number.

(2) “Acquire” means the process of agreeing to accept an artifact for the permanent collections of the Museum and taking possession of the artifact by any lawful method, including but not limited to donation, bequest, purchase, transfer from another agency, staff field collection, exchange, archaeological excavation of Department or Museum-owned lands.

(3) “Agency” means any state, county, or municipal officer, department, division, museum, board, bureau, commission, or other separate unit of government created or established by law.

(4) “Artifact” means an object or group of objects of intrinsic historical, architectural, archaeological, or folk cultural value relating to the history, government, or culture of Florida.

(5) “Deaccession” means the process of formally removing a Department or Museum-owned artifact from the Museum’s permanent collection records.

(6) “Disposal” means the process of permanently removing a Department or Museum-owned artifact from the Museum’s permanent collections by one of the following means:

(a) Transferring title to another agency, institution, organization, or individual, and moving the artifact to the premise of that agency, institution, organization, or individual; or

(b) Properly discarding or destroying the artifact, if it has deteriorated or has been damaged beyond usefulness or repair.

(7) “Museum” means the Florida Agricultural Museum.

(8) “Department” means the Florida Department of Agriculture and Consumer Services.

(9) “Hazardous” means any material that is regulated by the Florida Department of Environmental Protection.

(10) “Department or Museum-owned artifact” means an artifact in the permanent collections of the Museum that is owned by the Department or owned by the Florida Agricultural Museum, with title vested in the Department or the Museum.

(11) “Records” means manuscripts, photographs, books, papers, films, magnetic tapes, video tapes, and other magnetic media in the permanent collections of the Museum that is owned by the Department or owned by the Florida Agricultural Museum, with title vested in the Department or the Museum.

History

• Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS. History–New 12-9-99.

Fla. Admin. Code R. 5H-24.002 Acquisition Procedures

(1) The Museum evaluates artifacts and determines whether they should be accepted into the Museum’s permanent collections.

(a) The process of evaluating each artifact is recorded on an Evaluation Log, herein incorporated by reference.

(b) When the Museum accepts custody of an artifact from a prospective donor or vendor, an Examination Receipt, herein incorporated by reference, is completed.

(c) Evaluation of artifacts is based on the following criteria:

1. All acquisitions must have intrinsic historical, architectural, archaeological, or folk cultural value relating to the history, government, or culture of Florida; and

2. All acquisitions must possess potential for research or be useful for exhibition or interpretive purposes.

3. In addition to these general criteria, the following factors shall be considered when evaluating artifact.

a. Whether the artifacts have been carefully examined and evaluated by a Museum staff member who is knowledgeable about them;

b. Whether the artifacts have legitimate and clear provenance;

c. Whether the current owner of the artifacts has clear title to them and is free to convey them to the Museum;

d. Whether the Museum can provide proper storage, protection, and preservation for the Museum purposes; and

e. The artifacts’ copyright status, if applicable.

(2) When evaluation is completed, a decision is made as to whether to acquire the artifact and accept it into the Museum’s permanent collections.

(a) The prospective donor or vendor is notified of the Museum’s decision.

(3) If the Museum decides to acquire an artifact, acquisition is accomplished by one of the following methods. The method of acquisition used is based on the needs of the donor or vendor and the Museum and on the nature of the transaction.

(a) If the artifact is acquired by donation, a Deed of Gift or an Informant Depositor Agreement, herein incorporated by reference, is completed;

(b) If the artifact is transferred to the Museum from another Department agency, appropriate documentation is acknowledgment and receipt is obtained: or

(4) If the Museum decides not to acquire an artifact for its permanent collections, the artifact, if it is in the Museum’s custody, is returned to the prospective donor or vendor, or is disposed of as noted on the Examination Receipt.

History

• Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS. History–New 12-9-99.

Fla. Admin. Code R. 5H-24.003 Accessioning Procedures

After the Museum has acquired an artifact, the Museum accessions it into the Museum’s permanent collections. To accomplish this, the acquired artifact is assigned a unique accession number and listed in an accessions register. The artifact is moved into the appropriate collections storage area of the Museum.

(1) In all cases, the accession number assigned to an acquired artifact consists of three elements. These elements indicate the year of acquisition, the group number, and the individual artifact number within the group. The group number refers to a specific group of artifacts acquired by the Museum from a single source on a specific date. (Example: In the number “1999.5.3,” “1999” refers to the year 1999, “5” to the fifth group of objects acquired during that calendar year, and “3” to the third discrete artifact in a group of several artifacts.)

(2) The staff that administer the Museum’s permanent collections maintain electronic data bases and files of paper records to document accessioned artifact.

(a) The electronic data bases contain the following information about each Department owned artifact.

1. An accession number;

2. The date of acquisition;

3. The method of acquisition;

4. A brief description of the artifact; and

5. The name of the source of acquisition.

6. In addition, the electronic data bases may include the following information:

a. The site number;

b. The name of the person or persons who collected the artifact;

c. The storage location; and

d. Catalog information concerning the artifact including, but not limited to, subject headings, information about associations with persons or places, condition, and information about the materials and techniques of manufacture.

(b) Paper records may contain the following information concerning Department or Museum-owned artifacts:

1. An accessions register that documents the date of accession, the source of the artifact, the method of acquisition, and a short description of the artifact; and

2. The following distinct files:

a. Reference cards, filed by source name, that duplicate the information listed in the accessions register;

b. Completed copies of the Evaluation Log;

c. Reference information about the artifact, filed by accession number, including transfers of title and related correspondence; a completed copy of the Examination Receipt; a completed copy of the Deaccession and Disposal Worksheet; information about the artifact’s condition and provenance; and if applicable, a completed copy of the Missing Artifact Report;

d. Object cards and worksheets that describe the artifact and its location in detail;

e. Research materials related to artifacts;

f. Photographic records of artifacts;

g. Subject cards, used by Museum staff members, that function as a subject catalog;

h. Completed copies of the Deaccession and Disposal Worksheet and the Receipt for Deaccessioned Artifacts, and other information concerning deaccessioned artifacts;

i. Records of previous inventories; and

j. A copy of catalog information generated from paper records or the electronic data base.

(3) At the end of each fiscal year, the staff reports to the Museum director information concerning artifacts acquired for the Museum’s permanent collections during the year. This shall include the information maintained in accordance with sub-paragraphs 5H-24 .003(2)(a)1.-5., F.A.C.

History

• Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS. History–New 12-9-99.

Fla. Admin. Code R. 5H-24.004 Inventory of Department or Museum-owned Artifacts

The Museum conducts an annual inventory of artifacts in its permanent collections.

(1) Inventory is taken either of individual artifacts or groups of artifacts, depending on the level at which the Museum maintains its collections records.

(2) This inventory, conducted by Museum staff on July 1 or as soon thereafter as practicable, is accomplished by the following procedures:

(a) A complete inventory is taken of all artifacts valued at $500 or more. Using a printout of information from the Museum’s electronic data base, a staff member looks for each item listed on the inventory, and records whether the item is present, updating its location as necessary. If inventory information is maintained manually, rather than in the electronic data base (i.e., on object cards and worksheets), the staff member uses these paper records to conduct the inventory.

(b) An inventory is taken, by a simple random sample based on accession number, of one percent of all Department or Museum-owned artifacts valued at less than $500. Using a printout of information from the Museum’s electronic data base, a staff member looks for each random-selected item listed on the inventory, and records whether the item is present, updating its location as necessary. If inventory information is maintained manually, rather than in the electronic data base (i.e., on object cards and worksheets), the staff member uses these paper records to conduct the inventory.

(3) If a Department or Museum-owned artifact is not found during the inventory, all relevant collections records are checked to determine if the artifact has been removed from the location given on the inventory for a particular purpose.

(4) If the Department or Museum-owned artifact cannot be located after collections records are checked, the Museum director is informed, and the Division of Safety and Crime Prevention, Department of Management Services, is notified. To accomplish this, a Missing Artifact Report, herein incorporated by reference, is completed. The Division of Safety and Crime Prevention also is asked to conduct an investigation or take other appropriate steps to determine the whereabouts of the missing Department or Museum-owned artifact and recover it.

(5) The fact that the Department or Museum-owned artifact is missing is noted on all Museum collections records.

History

• Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS. History–New 12-9-99.

Fla. Admin. Code R. 5H-24.005 Loan of Department or Museum-owned Artifacts

(1) The Museum may make loans of Department or Museum-owned artifacts for scholarly or educational purpose or to assist the Museum in carrying out its responsibility to ensure proper curation of Department or Museum-owned artifact.

(2) While the Museum makes loans primarily to not-for-profit agencies, institutions, and organizations, a loan occasionally may be made to a for-profit agency, institution, or organization when the loan’s purpose is consistent with the purposes set out in subsection 5H-24.005(1), F.A.C. It is the Museum’s policy not to loan Department or Museum-owned artifacts for decorative or personal use. Department or Museum-owned artifacts are not loaned to any agency, institution, or organization that is or has been under criminal investigation, unless the agency, institution, or organization has been cleared of any wrongdoing. The Museum will not loan Department or Museum-owned artifacts to any agency, institution, or organization that plans to offer artifacts for sale during the term of the loan.

(3) Whether a loan is initiated by the Museum or is requested by another agency, institution, or organization, a written request is submitted to the Museum, in care of the Museum. This request includes the following information:

(a) A list of the Department or Museum-owned artifacts requested for loan;

(b) A statement of the proposed loan’s purpose, including, if applicable, the title of the exhibition in which Department or Museum-owned artifacts will be displayed.

(c) The dates for which the proposed loan of Department or Museum-owned artifacts is requested; and

(d) If applicable, the manner in which loaned Department or Museum-owned artifacts will be presented in an exhibition and the estimated size and composition of the exhibition’s audience.

(4) In addition, each agency, institution, or organization that wishes to borrow a Department or Museum-owned artifact completes a Facilities Report, herein incorporated by reference, and submits it to the Museum.

(5) Upon receipt of a written request and a completed Facilities Report, the Museum evaluates the request. The written request and the completed Facilities Report must be received at least six weeks before Department or Museum-owned artifacts are to be removed from the Museum’s permanent collections for shipping to the borrower.

(a) To be approved, a loan must serve one of the following purposes:

1. To assist historical, architectural, archaeological, folk cultural, or other studies:

2. To provide Department or Museum-owned artifacts relating to interpretive exhibits and other educational programs which promote knowledge and appreciation of Florida history and culture and the programs of the Museum; or

3. To assist the Museum in carrying out its responsibility to ensure proper curation of Department or Museum-owned artifacts.

(b) In addition, the following criteria are considered when evaluating loan requests, to determine that the loan will produce a substantial public benefit and that loaned Department or Museum-owned artifacts will be properly protected and preserved:

1. The care, security, and insurance to be provided by the borrowing institution. No loans of Department or Museum-owned artifacts are made without adequate insurance coverage for these artifacts. Information is obtained by one of the following methods:

a. Determination by a Museum staff member;

b. Consultation of collections records; or

c. Determination by a hired consultant. The cost of this type of appraisal shall be paid for as agreed between the parties.

2. Any anticipated use by the Museum itself of the requested artifact;

3. The condition, rarity, and value of the requested artifact;

4. The duration of the loan, all loans being made for a specified period of time only;

5. The feasibility of preparing the loan within the time requested;

6. The size and composition of the anticipated audience, if this information is appropriate to the purpose of the loan; and

7. If applicable, the context in which the requested artifact will be exhibited and how this would reflect on the Museum and the Department.

(6) Based on the criteria set out in subsection 5H-24.005(5), F.A.C., a decision is made whether to approve the loan request. The Museum notifies the requesting agency, institution, or organization in writing of the decision. To complete the loan process:

(a) Collections records are verified to ensure that they are current, and that they contain a photograph or photocopy of the artifact:

(b) A Loan Agreement, herein incorporated by reference is completed and returned;

(c) A commitment is obtained for insurance of loaned Department or Museum-owned artifacts in an amount determined by Museum staff members or by outside appraisal. For loans of Department or Museum-owned artifacts whose combined value is over $500, proof of insurance is obtained. Proof of insurance must be received by the Museum before Department or Museum-owned artifacts leave the Museum’s custody; and

(d) The artifact is prepared for delivery to the borrower and arrangements are made for transportation.

(7) The Museum will seek to recover costs associated with loans, including costs for material, staff time, and shipping or transportation, and such costs will be charged to the borrowing entity. These charges are negotiated prior to approving a loan, and moneys collected are deposited in the Museum’s operating account. Any income received from the loan of Department or Museum-owned artifacts is used to acquire additional artifacts, to defray costs associated with the loan, or to assist in the curation or maintenance of Department or Museum-owned artifacts.

(8) A written request to renew a loan must be received at least one month prior to the end of the existing loan agreement. Procedures described in subsections 5H-24.005(5)-(7), F.A.C., are followed to evaluate each request for renewal and to complete the loan process.

(9) Every loan, including those considered to be permanent must be reviewed at least every five years. If any of the loan conditions are violated, and if the Museum determines that such violations are detrimental to the security or preservation of the artifacts, the Museum shall terminate the loan agreement.

History

• Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS. History–New 12-9-99.

Fla. Admin. Code R. 5H-24.006 Deaccession and Disposal of Department or Museum-owned Artifacts

All decisions to remove a Department or Museum-owned artifact from the Museum’s permanent collections by deaccession anddisposal are made in a manner that is in the best interest of the public and the artifact.

(1) From time to time, the Museum initiates recommendations of Department or Museum-owned artifacts that should be deaccessioned and the method by which the deaccession artifacts should be disposed of. A Deaccession and Disposal Worksheet, herein incorporated by reference, is completed to document the deaccession and disposal process.

(2) The criteria listed below are used to determine whether a Department or Museum-owned artifact may be deaccessioned and disposed of:

(a) Deaccessioning and disposing of a Department or Museum-owned artifact will be recommended only if:

1. The artifact is not relevant and useful to the functions and activities of the Museum; and

2. The artifact cannot be properly stored, preserved, or interpreted by the Museum; and

3. The artifact has been in the Museum’s permanent collections for at least one year (hazardous or actively decomposing materials excepted).

(b) Examples of situations in which deaccession and disposal of a Department or Museum-owned artifact will be recommended include, but are not limited to, instances in which an artifact:

1. Has no further use or value for the research, exhibit, or interpretive programs of the Museums; or

2. Will receive appropriate interpretation, maintenance, or preservation by another agency, institution, or organization; or

3. Has deteriorated or been damaged beyond usefulness or repair; or

4. Is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other Department or Museum-owned artifacts or the health and safety of Museum employees or other persons; or

5. Is duplicated by another artifact in the Museum’s permanent collections.

(c) Before a recommendation on deaccession and disposal is made, a determination is made as to whether the Museum is free to deaccession and dispose of a Department or Museum-owned artifact by verifying that the Museum legally owns the artifact, and that the Museum is not prohibited from deaccessioning and disposing of the artifact by a legal condition of ownership. Where any such restriction of ownership applies:

1. An opinion is sought from the Office of Legal Affairs of the Florida Department of Agriculture and Consumer Services regarding the intent and force of any restrictions; and

2. A deaccessioned artifact to which precatory restrictions apply is not disposed of until reasonable efforts have been made to comply with the restrictions.

(3) The Museum requests authorization from the museum director to proceed with deaccession and disposal and proceeds only after receiving this authorization.

(4) After receiving authorization to proceed with deaccession and disposal, the Museum determines an appropriate method of disposal.

(a) The Museum ensures that:

1. Preference shall be given to retaining within Florida those materials that are part of the state’s historical, architectural, archaeological, or folk cultural heritage; and

2. Ownership shall not be given to any Museum employee or board, council, or committee member, or to a spouse or relative of an employee or board, council, or committee member, unless that person was the original donor of the artifact.

(b) The appropriate method of disposal is chosen from among the following:

1. If a Department or Museum-owned artifact is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other Department or Museum-owned artifacts or the health and safety of Museum employees or other persons, the Florida Department of Environmental Protection shall be contacted to determine appropriate procedures for handling, transporting, and disposing of the artifact.

2. If a Department or Museum-owned artifact has deteriorated or been damaged beyond usefulness or repair, it may be properly discarded or destroyed.

3. If the Department or Museum-owned artifact meets the conditions set out in subparagraph 5H-24.006(2)(b)5., F.A.C., it may be exchanged for an artifact owned either by a not-for-profit or a for-profit agency, institution, or organization or by an individual, provided each of the following conditions is met:

a. Artifacts received are of value approximately equal to or greater than that of the Department or Museum-owned artifacts granted in exchange, as determined by an independent appraisal; and

b. The exchange results in the Museum receiving artifacts not well represented in its permanent collections.

4. In all other cases, when determining the appropriate method of disposal, every reasonable effort shall be made to ensure that ownership of the artifact is maintained by a public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization. To accomplish this end, the following options shall be investigated:

a. Selling the deaccessioned artifact to another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

b. Exchanging the deaccessioned artifact for a Florida-related artifact owned by another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

c. Donating the deaccessioned artifact to another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

d. Transferring the deaccessioned artifact to one of the Museum’s non-permanent collections to be used for research or in interpretive exhibits or other educational programs which promote knowledge and appreciation of Florida history and culture.

e. Only after all reasonable efforts have been made to ensure that ownership of a deaccessioned artifact is maintained by a public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization may the following alternatives be investigated, in order, for disposing of the artifact:

I. All reasonable efforts are made to locate the original donor and offer the deaccessioned artifact to him or her;

II. If the original donor cannot be located, or does not wish to have custody of the deaccessioned artifact, the artifact may be sold or donated to or exchanged with an individual; a private, for-profit, organization; or a not-for-profit agency, institution; or a not-for-profit agency, institution, or organization other than one of the types of not-for-profit entities named in subsection 5H-24.006(4), F.A.C.; or the artifact may be disposed of by any other legal means.

(5) After determining an appropriate method of disposal, the Museum staff seeks final approval from the Museum director for deaccessioning and disposing of a Department or Museum-owned artifact. If approval is received, the staff carries out deaccession and disposal in the manner recommended.

(a) The following steps are taken to complete the process:

1. A staff member ensures that collections records contain the following:

a. A photograph or photocopy of the artifact;

b. A physical description of the artifact; and

c. Information about the provenance of the artifact, if available;

2. The Museum’s accession number is removed from the artifact unless, by doing so, the integrity of the artifact would be damaged; and

3. It is noted on all relevant Museum collections records that the artifact has been deaccessioned.

(b) If ownership is being given to another agency, institution, organization, or individual, the new owner:

1. Signs a Receipt for Deaccessioned Artifacts, herein incorporated by reference; and

2. Removes the artifact from the Museum’s premises.

(c) If the artifact is made of hazardous material or is actively decomposing in a manner that directly affects the condition of other Department or Museum-owned artifacts or the health and safety of Museum employees or other persons, recommendations of the Florida Department of Environmental Protection for handling, transporting, and disposing of the artifact are complied with.

(d) In the sale of deaccessioned artifacts, it is ensured that:

1. Deaccessioned artifacts are not offered for sale in any retail establishment operated by the Museum or where Department or Museum-owned artifacts are on loan from the Museum, and

2. Any income received from the sale of deaccessioned artifacts is deposited in the Museum’s operating account.

History

• Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS. History–New 12-9-99.

Fla. Admin. Code R. 5H-24.007 Use of Museum Records

(1) Availability of records:

(a) Records in the custody of the Florida Agricultural Museum are available for reference in the Search Room only.

(b) Original records will not normally be made available when microfilm or other copies are available. If, in fact, the original is needed for a specific stated purpose, such as evidence in a court of law, the original will be made available.

(c) Persons seeking information that is published and readily available will be referred to the Florida State Library.

(d) Records will not be furnished to a researcher under the age of 16 years unless he is accompanied by an adult researcher, or unless prior arrangements have been made with the Archivist.

(2) Location of records and hours of opening:

(a) A prospective researcher should first ascertain the location and availability of records by contacting the museum staff by mail or telephone.

(b) Except for holidays and at other such times as specified in writing by the Director and posted materials are available for use from 9:00 a.m. to 4:00 p.m., Monday through Friday. Records may be made available at other times as authorized by the Museum Director.

(3) Application procedures:

(a) Applicants shall apply in person at the Florida Agricultural Museum and shall provide information necessary, such as, but not limited to: date or approximate date of document, title or probable title of document, author of document, recipient of document, subject of document, location of where document originated or was used, or any other pertinent information which may assist in determining which records or documents are available. Applicants shall furnish proper identification, and, if applying for access to large quantities of records or to records that are especially fragile or valuable, shall furnish upon request a letter of reference or introduction.

(4) Restrictions:

(a) Records may be temporarily withdrawn from use while in process of restoration, repair, or rearrangement.

(5) Research room rules:

(a) Researchers shall register each day they enter the research room, furnishing the researcher’s name permanent address, local address, occupation, residence phone, local phone and field of interest.

(b) Researchers responsibility for records – The research room attendant may limit the quantity of records to be delivered at one time to a researcher. When requested, researchers shall acknowledge receipt of records by signature. A researcher is responsible for all delivered records until the records are returned. When a researcher has completed using the records, the researcher shall return them to the research room attendant. When requested, researchers shall return records as much as 10 minutes before closing time. Before leaving the research room, even for a short period of time, a researcher shall notify the research room attendant and place all records in their proper containers.

(c) Prevention of damage to records – The researcher shall exercise all possible care to prevent damage to records. Records shall not be used at a desk where there is a container of liquid or where a fountain pen is being used. Records shall not be leaned on, written on, folded anew, traced, fastened with paper clips or rubber bands, or handled in any way likely to cause damage. The use of records of exceptional value or in fragile condition shall be subject to any conditions specified by the research room attendant.

(d) Removal or mutilation of records – Researchers shall not remove records from the research room. When so requested, researchers shall check parcels and luggage before entering the research room and upon leaving, a researcher shall, if requested, present for examination any briefcase, notebook, package, envelope, book, or other article that could contain records.

(e) Conduct – Eating in the research room is prohibited. Smoking is prohibited. Loud talking and other activities likely to disturb other researchers are also prohibited. Persons desiring to use typewriters shall work in areas designated by the research room attendant.

(f) Keep Records in order – A researcher must keep unbound records in the order in which they are delivered. Records appearing to be in disorder should not be rearranged by a researcher, but should be referred to the research room attendant. A researcher will not be allowed to remove records from more than one container at a time.

(g) Copying of records will normally be done by personnel of the Florida Agricultural Museum with equipment belonging to the agency. With the permission of the librarian the researchers may use their own copying equipment. Permission will be based on the librarian’s determination that such use will not harm the records or disrupt reference activities. Equipment will be used under the supervision of agency personnel.

History

• Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS. History–New 12-9-99.

Fla. Admin. Code R. 5H-24.008 Forms and Instructions

The following forms are used in the implementation of this Chapter and are herein incorporated by reference: These forms will become effective on the effective date of Chapter 5H-24, F.A.C. These forms may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Mayo Building, Tallahassee, Florida 32399-0810.

(1) Evaluation Log (FAM001).

(2) Examination Receipt (FAM002).

(3) Deed of Gift (FAM003).

(4) Informant Depositor Agreement (FAM004).

(5) Missing Artifact Report (FAM005).

(6) Facilities Report (FAM006).

(7) Loan Agreement (FAM007).

(8) Deaccession and Disposal Worksheet (FAM008).

(9) Receipt for Deaccessioned Artifacts (FAM009).

Necessary forms may be obtained from: The Florida Agricultural Museum, 1850 Princess Place Road, Palm Coast, Florida 32137, (904)446-7630, The Florida Department of Agriculture and Consumer Services, The Capitol, LL29, Tallahassee, Florida 32399, (850)488-3022.

History

• Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS. History–New 12-9-99.

Chapter 5H-25 CERTIFICATION OF AGRICULTURE EDUCATION AND PROMOTION FACILITY

Fla. Admin. Code R. 5H-25.001 Application

(1) Those organizations applying for the Agriculture Education and Promotion Facility grant program shall utilize Form FDACS-06114 Rev. 06/25, Agriculture Education and Promotion Facility Request for Funding. The application is incorporated by reference and may be obtained by contacting the Division of Administration, Bureau of General Services, 407 S. Calhoun Street, Tallahassee, Florida 32399-0800, Phone: (850)617-7070, or Email: AgEducationFacility@FDACS.gov or online as indicated: http://flrules.org/Gateway/reference.asp?No=Ref-18284.

(2) Applications for funding must be submitted to the Department of Agriculture and Consumer Services and must be postmarked or received electronically by October 1 of each year in order to be eligible to be certified, evaluated and ranked for submission to the Legislature.

History

• Rulemaking Authority 288.1175(2) FS. Law Implemented 288.1175 FS. History–New 2-2-06, Amended 6-5-24, 9-8-25.

Fla. Admin. Code R. 5H-25.002 Certification of an Agriculture Education and Promotion Facility Sections 120.536(1) and 120.54, F.S

History

• Rulemaking Authority 288.1175(4) FS. Law Implemented 288.1175 FS. History–New 2-2-06, Repealed 6-5-24.

Fla. Admin. Code R. 5H-25.003 Evaluation and Ranking

History

• Rulemaking Authority 288.1175(5) FS. Law Implemented 288.1175 FS. History–New 2-2-06, Repealed 6-5-24.

Fla. Admin. Code R. 5H-25.004 Submission of Proposals

Upon the completion of the certification, evaluation and ranking, the project proposals shall be submitted to the Executive Office of the Governor, the President of the Senate and the Speaker of the House for consideration of funding.

History

• Rulemaking Authority 288.1175(2) FS. Law Implemented 288.1175 FS. History–New 2-2-06.

Chapter 5H-26 SALES AND PURCHASES OF HORSES

Fla. Admin. Code R. 5H-26.001 Purpose

The purpose of this rule chapter is to address unfair and deceptive trade practices surrounding the sale and purchase of horses in Florida. This rule enhances consumer protection by implementation of minimum requirements relating to the sale and purchase of horses in Florida.

History

• Rulemaking Authority 535.16 FS. Law Implemented 535.16, 570.07(36) FS. History–New 7-2-08.

Fla. Admin. Code R. 5H-26.002 Definitions

As used in this rule chapter, the following definitions shall apply:

(1) “Dual Agent” means a person who knowingly agrees with the Owner and the Purchaser of a horse, either individually or jointly, to act in a fiduciary capacity on behalf of both the Owner and the Purchaser in exchange for the promise of compensation. Auction companies or persons licensed to conduct public sales of thoroughbred horses under Chapter 535, F.S., shall not be deemed to be dual agents under this rule chapter.

(2) “Horse” means an equine as defined in Section 773.01(2), F.S.

(3) “Trainer” means a person who trains horses for contests, shows, or performances.

History

• Rulemaking Authority 535.16 FS. Law Implemented 535.16, 570.07(36) FS. History–New 7-2-08.

Fla. Admin. Code R. 5H-26.003 General Requirements Relating To the Sale or Purchase of Horses

(1) Any sale or purchase of a horse or any interest therein in Florida shall be accompanied by a written bill of sale described in Rule 5H-26.004, F.A.C., except as provided in subsection (8).

(2) A person shall not act as a dual agent in a transaction involving the sale or purchase of an interest in a horse without:

(a) The prior knowledge of both the Purchaser and the Owner; and

(b) Written consent of both the Purchaser and the Owner.

(3) No person acting as an agent for a Purchaser or an Owner, or acting as a dual agent, in a transaction involving the sale or purchase of a horse or any interest therein, may receive consideration, compensation, fees, a gratuity, or any other item of value in excess of five hundred dollars ($500), related directly or indirectly to such transaction, from an individual or entity, including any consignor involved in the transaction, other than the agent’s principal, unless:

(a) The agent receiving, and the person or entity making, the payment disclose in writing the payment to both the Purchaser and Owner; and

(b) Each principal for whom the agent is acting consents in writing to the payment.

(4) Any person acting as an agent for a Purchaser or an Owner or acting as a dual agent in a transaction involving the sale or purchase of a horse or any interest therein shall, upon request by his or her principal or principals, furnish copies of all financial records and financial documents in the possession or control of the agent pertaining to the transaction to the principal or principals. For purposes of this section, financial records shall not include the agent’s or Owner’s work product used to internally evaluate the horse.

(5) An agent or trainer shall not purchase on behalf of its principal, nor recommend that its principal purchase or have purchased, any horse in which the agent or trainer has a legal or equitable ownership interest, either directly or through an entity in which the agent or trainer exercises any ownership or control, without the prior knowledge of the principal and the principal’s written consent, if practicable.

(6) Except as provided in subsection (4), nothing in this rule chapter shall require disclosure of compensation arrangements between a principal and an agent where no dual agency exists, where the agent is acting solely for the benefit of his or her principal, and where the agent is being compensated solely by his or her principal. Further, for any sale or purchase of a horse or any interest therein in Florida through a public auction or a public sale of thoroughbred horses licensed under Chapter 535, F.S., nothing in this rule chapter shall require disclosure of the reserves, the identity of the Owner or Purchaser, or the auctioneer’s commissions.

(7) No contract or agreement for payment of a commission, fee, gratuity, or any other form of compensation to a dual agent in connection with any sale or purchase of a horse or any interest therein shall be enforceable by way of an action or defense unless the contract or agreement is in writing and is signed by the party against whom enforcement is sought.

(8) For any sale or purchase of a horse or any interest therein in Florida through either a public auction or a public sale of thoroughbred horses licensed under Chapter 535, F.S., any bill of sale requirement contained in Chapter 5H-26, F.A.C., may be satisfied by the issuance of an auction receipt or acknowledgement of purchase, generated by the auction company or licensee, stating the name of the horse or the hip number used to identify it for purposes of the public auction or public sale, the date of purchase, and the purchase price, signed by the Purchaser or the Purchaser’s agent. The auction receipt or acknowledgement of purchase shall expressly state or incorporate by reference all conditions of the sale, including the terms of any warranties.

(9) During the conduct of any sale of a horse or any interest therein in Florida through a public auction of horses or a public sale of thoroughbred horses licensed under Chapter 535, F.S., the auction company or licensee shall provide a medical information center on the sales grounds for placement of any medical records on a horse that the Owner or its agent may choose to provide for review by Purchasers and their agents. The auction company or licensee may require in its conditions of sale that an Owner or agent include specific types of medical records in any documentation placed in the center.

(10)(a) An Owner or its agent that has subjected a horse to one or more of the following treatments within 7 days prior to the private sale of the horse or any interest therein shall disclose this fact to the Purchaser prior to the sale:

1. Extra-corporal shockwave therapy or radio pulse-wave therapy.

2. Acupuncture, electro-stimulation, or both, with the intent or effect of altering laryngeal function of the horse.

3. Internal blister or other injections behind the knee, which are intended to or which have the effect of concealing the true conformation of the horse.

4. The use of any electrical or mechanical device designed or used to shock or prod a horse for the purpose of increasing the horse’s speed when it is being exhibited prior to sale, except for the use of a whip, spurs, or items otherwise permitted by the rules of the governing breed association, federation, or other regulatory body.

(b) In any sale of a horse or any interest therein in Florida through a public auction of horses or a public sale of thoroughbred horses licensed under Chapter 535, F.S., the auction company or licensee shall include in its conditions of sale a prohibition on the treatments specified in subparagraphs (a)1.-4., while the horse is on the sales grounds and shall provide specific procedures and means for redress in the event of violations.

(11) With regard to any sale of a horse or any interest therein in Florida through a public auction of horses or a public sale of thoroughbred horses licensed under Chapter 535, F.S., an auction company or licensee that publicly disseminates initial sales results from that auction or public sale shall disclose, within 90 days of the end of the auction or public sale, any such sales that were ultimately determined by the auction company or licensee, based upon the information it receives in the ordinary course of business, as “reserve not attained” or “not sold.” The auction company or licensee shall make this disclosure in the same manner it used to publicly disseminate the initial sales results, as well as in response to any written inquiry to the auction company or licensee.

(12) When an Owner or its agent provides any medical information in response to an inquiry from a Purchaser or its agent about the medical history of a horse, the Owner or its agent shall accurately disclose all information within its knowledge that is responsive to the inquiry.

(13) A violation of any provision of Chapter 5H-26, F.A.C., resulting in actual damages to a person, shall be considered an unfair and deceptive trade practice pursuant to Chapter 501, Part II, F.S.

History

• Rulemaking Authority 535.16 FS. Law Implemented 535.16, 570.07(36) FS. History–New 7-2-08.

Fla. Admin. Code R. 5H-26.004 Bill of Sale

Except as provided in subsection 5H-26.003(8), F.A.C., the sale or purchase of a horse or any interest therein in Florida must be accompanied by a written bill of sale that must include at a minimum the following:

(1) The name, address, and signature of the Purchaser, the Owner, or their duly authorized agents. In a transaction solely relating to a stallion season, breeding right, or fractional interest in a horse, the syndicate manager or horse manager may serve as an acceptable agent in response to this requirement.

(2) The name of the horse, and its sire and dam if known.

(3) The breed and registry status of the horse, if applicable and if known.

(4) The age of the horse, if known.

(5) The date of the sale.

(6) The purchase price of the horse.

(7) The following statement: “As the person signing below on behalf of the Owner, I hereby confirm that I am the lawful Owner of this horse or the Owner’s duly authorized agent, and I am authorized to convey legal title to the horse pursuant to this bill of sale.”

(8) The following statement: “As the person signing below on behalf of the Purchaser, I understand that any warranties or representations from the Owner or the Owner’s agent that I am relying upon in acquiring this horse, including warranties or representations with respect to the horse’s age, medical condition, prior medical treatments, and the existence of any liens or encumbrances, should be stated in writing as part of this bill of sale.”

History

• Rulemaking Authority 535.16 FS. Law Implemented 535.16, 570.07(36) FS. History–New 7-2-08.

Division 5B Division of Plant Industry

Chapter 5B-1 PLANTS, GENERALLY

Fla. Admin. Code R. 5B-1.002 Sale of Plants Entered in Violation of Rules Prohibited

History

• Rulemaking Authority 570.32-35, 581.031 FS. Law Implemented 581.083 FS. History–New 12-31-74, Formerly 5B-1.02, Repealed 6-14-95.

Fla. Admin. Code R. 5B-1.003 Posting of Infested or infested Properties

History

• Rulemaking Authority 570.32-35, 581.031 FS. Law Implemented 581.031 FS. History–New 12-31-74, Formerly 5B-1.03, Repealed 6-14-95.

Fla. Admin. Code R. 5B-1.004 Review of Rules with the Commissioner of Agriculture

History

• Rulemaking Authority 570.32-35, 581.031 FS. Law Implemented 581.061 FS. History–New 12-31-74, Formerly 5B-1.04, Repealed 3-30-78.

Fla. Admin. Code R. 5B-1.005 Inspection of Nursery Stock or Articles

History

• Rulemaking Authority 570.07(23), 581.031(5), (14)(d) FS. Law Implemented 570.07(23), 581.031(5), (14)(d) FS. History–New 4-9-96, Repealed 5-25-26.

Fla. Admin. Code R. 2A-5.001 Prohibition of Movement of Infested Plants

History

• Rulemaking Authority 570.32-35, 581.031 FS. Law Implemented 581.031 FS. History–New 12-31-74, Formerly 5B-1.01, Repealed 6-14-95.

Chapter 5B-2 FLORIDA NURSERY STOCK AND CERTIFICATION FEE

Fla. Admin. Code R. 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) 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) Bare-root. Plants with roots from which the growing medium in which it was grown has been removed.

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

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

(f) Limited distribution. A pest found in a geographic area or county, but not throughout the entire state.

(g) Location. 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.

(h) Regulatory significance. For the purpose of this rule chapter, this term will have the same meaning as the term ‘plant pest’ which is defined in Section 581.011(26), F.S., as 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 plants or plant parts or any processed, manufactured, or other plant products.

(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.

History

• 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 5-8-16.

Fla. Admin. Code R. 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.

(1) Form FDACS 08004, Revised 11/15, Application For Certificate of Registration, http://www.flrules.org/Gateway/reference.asp?No=Ref-06668.

(2) Form FDACS 08006, Revised 11/15, Annual Nursery Registration Fee Notice, http://www.flrules.org/Gateway/reference.asp?No=Ref-06669.

(3) Form FDACS 08011, Revised 11/15, General Nursery Stock Inspection Certificate, http://www.flrules.org/Gateway/reference.asp?No=Ref-06670.

(4) Form FDACS 08022, Revised 11/15, Annual Stock Dealer And Registration Fee Notice, http://www.flrules.org/Gateway/reference.asp?No=Ref-06671.

(5) Form FDACS 08077, Revised 11/15, Nematode Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-06672.

(6) Form FDACS 08078, Revised 11/15, Botany Specimen Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-06673.

(7) Form FDACS 08086, Revised 11/15, Request For Authorization To Print Certificates Of Inspection, http://www.flrules.org/Gateway/reference.asp?No=Ref-06674.

(8) Form FDACS 08161, Revised 11/15, Caribbean Fruit Fly Protocol Program Application For Participation, http://www.flrules.org/Gateway/reference.asp?No=Ref-06675.

(9) Form FDACS 08222, Revised 11/15, Special Inspection Certificate Receipt, http://www.flrules.org/Gateway/reference.asp?No=Ref-06676.

(10) Form FDACS 08233, Revised 11/15, Caribbean Fruit Fly Certification Program Establishment Of McPhail Traps, http://www.flrules.org/Gateway/reference.asp?No=Ref-06677.

(11) Form FDACS 08270, Revised 11/15, Consolidation Declaration For Florida Nursery Stock Destined To Texas Or Louisiana, http://www.flrules.org/Gateway/reference.asp?No=Ref-06678.

(12) Form FDACS 08400, Revised 11/15, Specimen Submission Form, http://www.flrules.org/Gateway/reference.asp?No=Ref-06679.

(13) Form FDACS 08429, Revised 11/15, Plant Pathology Specimen Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-06680.

(14) Form FDACS 08472, Revised 11/15, Texas/Louisiana Stock Dealer Compliance Agreement, http://www.flrules.org/Gateway/reference.asp?No=Ref-06681.

History

• 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, 5-8-16.

Fla. Admin. Code R. 5B-2.002 Registering with the Division

Every nurseryman, stock dealer, and plant broker shall register with the division before moving, distributing or offering nursery stock for sale. All seeds, cut flowers, cut fern, cut foliage 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) Application for registration of nurseries shall be made upon an Application For Certificate Of Registration, FDACS-08004, Revised 11/15, as incorporated in Rule 5B-2.0011, F.A.C., and must be signed by the applicant or applicant’s representative.

(a) Nurserymen desiring to obtain a certificate of registration and move, sell, distribute, or offer nursery stock for sale 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 a certificate of registration in less than 30 days shall be charged a temporary certificate of inspection fee as provided in Rule 5B-2.010, F.A.C.

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

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

(d) Nurserymen, unless exempted under Rule 5B-2.002, 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. For 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 be issued by the division which shall expire twelve (12) months following date-of-issue. Nurseries having nursery stock, 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 stock. 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

1,001-5,000

$50.00

5,001-25,000

$100.00

25,001-100,000

$200.00

100,001-200,000

$300.00

200,001-300,000

$350.00

Over 300,000

$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

16-25

$100.00

26-35

$200.00

36-45

$300.00

46-60

$400.00

61-80

$450.00

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

$50.00

201-400

$100.00

401-600

$200.00

601-800

$300.00

801-1000

$400.00

1001-3000

$450.00

Over 3000

$460.00

(e) 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) 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 and plant brokers 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 shall do so by completing an Application For Certificate Of Registration, FDACS-08004, Revised 11/15, incorporated in Rule 5B-2.0011, F.A.C. This application should be filed with the division thirty (30) days prior to the date the stock dealer or plant broker 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.

(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. The Annual Stock Dealer And Registration Fee Notice, FDACS-08022, Revised 11/15, is supplied by the division for this purpose and is incorporated in Rule 5B-2.0011, F.A.C.

(c) The certificate of registration fee for a stock dealer with an inventory of less than 5,000 plants or plant broker establishments shall be $25.00 per location. The certificate of registration fee for a stock dealer with an inventory of 5,000 or more plants shall be $69.00 per location. The inventory for such a stock dealer shall be determined by an authorized representative.

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

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

History

• 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, 5-8-16.

Fla. Admin. Code R. 5B-2.0025 Certification and Quarantine of Nursery Stock

(1) Plant pests of regulatory significance 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 Rule 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 and will not be eligible for certification until the plant pest has been eliminated 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. Diaphorina citri ‒ Asian citrus psyllid

5. Diaprepes abbreviatus ‒ diaprepes root weevil

6. Duponchelia fovealis ‒ European pepper moth

7. Maconellicoccus hirsutus ‒ pink mealybug

8. Metamasius callizona ‒ bromeliad weevil

9. Metamasuis hemipterus ‒ palm and sugarcane weevil

10. Morganella longispina ‒ plumose scale

11. Myllocerus undatus ‒ Myllocerus weevil

12. Noctua pronuba ‒ large yellow underwing

13. Oligonychus persae ‒ avocado mite

14. Opuntiaspis spp. ‒ scale insect

15. Paratachardina lobata ‒ lobate lac scale

16. Parlatoria ziziphi ‒ black parlatoria scale insect

17. Phalacrococcus howertoni ‒ Howerton’s scale

18. Philephedra sp. ‒ scale insect

19. Phoenicococcus marlatti ‒ red date scale

20. Raoiella indica ‒ red palm mite

21. Singhiella simplex ‒ ficus whitefly

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. Lethal yellowing of palms

7. Pepino mosaic virus

8. Phomopsis gardeniae ‒ gardenia canker

9. Phytophthora tropicalis

10. Puccina pelargonii – zonalis – geranium rust

11. Sphaceloma poinsettia – poinsettia scab

12. Texas phoenix palm decline phytoplasma

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

(c) Mollusks (Snails).

1. Otala lactea – milk snail

2. Zachrysia provisoria – Cuban land snail

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

(3) All nursery stock found infested or infected with a 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 Rule 5B-62.005, F.A.C., 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 and released from quarantine and stop sale by the Department.

History

• Rulemaking Authority 570.07(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, 5-8-16.

Fla. Admin. Code R. 5B-2.003 Filing Certificates of Registration with Other States

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (5) FS. Law Implemented 581.031(9), (23) FS. History–New 12-31-74, Amended 6-15-81, Formerly 5B-2.03, Repealed 6-7-95.

Fla. Admin. Code R. 5B-2.004 Certificates of Inspection

Any person registered with the division as a nursery, stock dealer, or plant broker, or any person obtaining inspection services from the division shall apply for authorization to print, or have printed, certificates of inspection. A Request For Authorization To Print Certificates Of Inspection, FDACS-08086, Revised 11/15, is supplied by the division for this purpose and is incorporated in Rule 5B-2.0011, F.A.C. Upon approval of the application, the division will 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, whereupon at the request of the division all certificates and rubber stamps previously approved by the division shall be relinquished to the division. Special Inspection Certificate Receipt, FDACS-08222, Revised 11/15, incorporated in Rule 5B-2.0011, F.A.C., shall be completed on all certificates and rubber stamps that are relinquished to the division.

(1) General nursery stock inspection certificate 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, FDACS-08011, Revised 11/15, as incorporated by reference in Rule 5B-2.0011, F.A.C., must be attached to each plant or container.

(2) Use of certificates of inspection for nursery stock:

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

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

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

(d) Alteration 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 must be dated for validation.

History

• 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, 5-8-16.

Fla. Admin. Code R. 5B-2.005 Citrus Nursery Stock Inspection Certificate (Tag)

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (4), (5) FS. Law Implemented 581.031(21), 581.131, 581.182 FS. History–New 5-20-67, Repromgulated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.05, Amended 5-17-92, Repealed 6-7-95.

Fla. Admin. Code R. 5B-2.006 Grading and Labeling of Nursery Stock

History

• Rulemaking Authority 570.07(23), 581.031(1), (3) FS. Law Implemented 581.031(2), (3) FS. History–New 12-20-63, Repromgulated 12-31-74, Amended 6-15-81, Formerly 5B-2.06, Repealed 6-7-95.

Fla. Admin. Code R. 5B-2.007 Revocation and Suspension of Certificate of registration and Certificate of Inspection (Tag)

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(11), 581.141 FS. History–New 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.07, Repealed 6-7-95.

Fla. Admin. Code R. 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 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 infested or infected, shall, on demand of the division, furnish a list of all movements of plants or plant products from or to said nursery, stock dealer, plant broker, 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, consignees, and a complete description of the stock included in each and every shipment.

History

• 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, 5-8-16.

Fla. Admin. Code R. 5B-2.009 Viability of Nursery Plants

History

• Rulemaking Authority 570.07(23), 581.031(1), (2), (3) FS. Law Implemented 581.142 FS. History–New 6-20-64, Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.09, Repealed 6-7-95.

Fla. Admin. Code R. 5B-2.010 Special Inspection and Certification Fees

(1) Special inspection and certification services that may be provided by the division when requested by farmers, growers or other interested parties may include treatments, pest identifications, plant identifications, investigations, and regulatory activities not otherwise specifically provided for by chapter 581, F.S. 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 export certificate, Phytosanitary reexport certificate, Post entry quarantine site inspection.

Mileage1 and $50 minimum per inspection2.

Other special inspection2.

Temporary inspection fee2.

Mileage1 and $50 minimum per inspection2.

Follow-up Quarantine Inspections.

Mileage1 and $50 minimum per inspection2.

No charge first inspection.

Phytosanitary export certificate noncommercial (homeowner plants or homeowner plant products).

Mileage1 and $25 minimum per inspection2.

Cut flower, cut fern.

$10 per acre per crop. Inspection plus mileage1, $25 minimum per location.

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.

Growing season field inspection of bulbs, seed, vegetable and tobacco transplants.

$10 per acre per inspection plus mileage1, $25 minimum per location.

Vegetable transplants, aquatic and annual (bedding) plants (greenhouse, hotbeds, or other growing units).

Mileage1 and $25 per 10,000 square feet of growing unit space, $25 minimum per location and $10 for each 1000 square feet of approved growing space per inspection.

Nematode certification.

Mileage1 and $50 per sample.

FDACS-08270, Consolidation Declaration For Florida Nursery Stock Destined To Texas Or Louisiana, Revised 11/15.

FDACS-08472, Revised 11/15, Texas/Louisiana Stock Dealer Compliance Agreement.

Botany diagnostic fee.

$55 per sample.

FDACS 08078, Botany Specimen Report, Revised 11/15.

Entomology diagnostic fee.

$55 per sample.

FDACS 08400, Specimen Submission Form, Revised 11/15.

Plant Pathology diagnostic fee.

$55 per sample.

FDACS 08429, Plant Pathology Specimen Report, Revised 11/15.

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.

$55 per sample.

FDACS-08077, Nematode Report, Revised 11/15.

Caribbean fruit fly protocol participation.

Up to $4.00 per acre per month.

FDACS-08161, Caribbean Fruit Fly Protocol Program Application For Participation, Revised 11/15.

FDACS-08233, Caribbean Fruit Fly Certification Program-Establishment Of McPhail Traps, Revised 11/15.

Grades and Standards regrading inspections.

Mileage1 and $50 per hour per inspector from time of arrival to departure, $50 minimum per inspection2.

Permits for importing regulated organisms.

$12.50 per species not to exceed $50 per permit.

FDACS-08208, Application And Permit To Move Organisms Regulated By The State Of Florida, Revised 1/13, incorporated by reference in Rule 5B-57.004, F.A.C.

(2) Governmental agencies requesting one of the above services for research purposes may be exempt from fees if the following criteria is met:

(a) Department staff time does not exceed two hours of an eight-hour work day; and,

(b) Department staff is not required to travel greater than fifty miles from employee headquarters.

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.

History

• 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, 5-8-16.

Fla. Admin. Code R. 5B-2.011 Nursery Stock Exemptions

History

• Rulemaking Authority 570.07(23), 581.031 FS. Law Implemented 581.031(4), (5) FS. History–New 4-3-83, Amended 10-28-85, Formerly 5B-2.11, Repealed 6-7-95.

Fla. Admin. Code R. 5B-2.012 Penalties for Violations

History

• Rulemaking Authority 570.07(23), 581.031 FS. Law Implemented 581.041, 581.211 FS. History–New 10-28-85, Formerly 5B-2.12, Repealed 6-7-95.

Chapter 5B-3 PLANT QUARANTINE AND CERTIFICATION ENTRY REQUIREMENTS

Fla. Admin. Code R. 5B-3.001 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) Agricultural inspection station. An official inspection station operated by the department to assist in monitoring the intrastate and interstate movement of agricultural commodities.

(b) House plants. Plants commonly known and recognized as house plants, grown or intended to be grown indoors which may be included as part of a passenger’s baggage or household effects.

(c) Interstate movement. Movement into Florida from another state, U.S. possession or territory.

(d) International movement. Movement into Florida from any country or area outside the United States.

(e) Shippers. The producer or firm where the pest-infested plant or plant products originated.

(f) Sugarcane. All species of the genus Saccharum and all species of its close relatives Imperata, Miscanthidium, Miscanthus, Rapidium, Erianthus, Sorghum and all hybrids, selections, varieties or clones thereof.

(2) The purpose of this chapter is to prevent the introduction and subsequent dissemination of plant pests into Florida through the movement of nursery stock and other plants and plant products. This chapter provides for the regulation of nursery stock and other plants and plant products moving into Florida and establishes provisions for such nursery stock and other plants and plant products to enter the state. Additional information can be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, Florida 32614-7100 or go to: http://www.freshfromflorida/pi/contacts.html.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 570.07, 581.011, 581.031, 581.141, 581.182, 581.211 FS. History–Repromulgated 12-31-74, Formerly 5B-3.01, Amended 3-16-92, 7-2-95, 4-1-97, 2-17-04, 2-26-17.

Fla. Admin. Code R. 5B-3.002 Purpose

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 570.07, 570.32, 581.031, 581.141, 581.182, 581.211 FS. History– Repromulgated 12-31-74, Formerly 5B-3.02, Amended 3-16-92, 4-1-97, Repealed 2-26-17.

Fla. Admin. Code R. 5B-3.003 Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant Products

Any person, nurseryman, stock dealer, agent, or plant broker doing business outside the State of Florida who desires to ship into this state nursery stock and other plants and plant products from any state, U.S. possession, territory, or district of the United States, shall comply with the following regulations:

(1) If shipping nursery stock, the nurseryman, stock dealer, agent, or plant broker must be registered with the department of agriculture of the state where such nursery stock originated and listed in that state’s directory of registered or certified nurseries, agents, stock dealers, and plant brokers.

(2) For nursery stock, a valid certificate of inspection issued by the state of origin must be attached to and readily visible on each separate package, bundle, box, or shipment of nursery stock shipped into Florida. The certificate of inspection shall certify that the nursery stock is apparently free of plant pests and is in compliance with the rules of the department.

(3) All commercial shipments of nursery stock or other plants and plant products entering Florida by road are required to stop at an agricultural inspection station where they will be screened for proper certification and subject to cargo inspection by the department. Each shipment shall be accompanied with a bill of lading or other documentation which contains the following information:

(a) Name and address of shipper or consignor;

(b) Name and physical address of receiver or consignee;

(c) Description of plants or plant products in shipment;

(d) Place and state of origin;

(e) Ultimate destination of shipment if different than receiver or consignee.

(4) The bill of lading or other valid document and all attachments shall be in the English Language or shall have attached thereto an accurate English translation containing adequate information for examination of the product.

(5) An Interdiction Station Report of Plant and Plant Material in Transit, FDACS-08003, revised 5/10, as incorporated by reference in Rule 5B-65.005, F.A.C., will be completed on any shipment of nursery stock or other plants or plant products entering Florida that is subject to additional inspection upon reaching its destination.

(6) Non-commercial shipments of house plants which are part of a passenger’s baggage or household effects may enter the state provided the plants are accompanied with a certificate of inspection. Should the plants originate from a state that does not offer an inspection and certification service for house plants, the owner must be able to furnish the department a Florida address where the plants will be located. This information will enable the department to conduct a follow-up inspection if deemed necessary. If sufficient information is given, the plants will be allowed to proceed.

(7) The movement of propagative parts of sugarcane into the State of Florida is prohibited unless accompanied by a special permit issued by the department. Sorghum seed is exempt from this requirement provided it is free from plant pests. A special permit may be requested by submitting to the Division at the address shown on the form an Application for Special Permit to Import Sugarcane, FDACS-08083, revised 9/16, which is incorporated herein by reference. The requester must be in compliance as outlined in FDACS 08344, revised 12/16, Compliance Agreement Shipment of Propagative Parts of Sugarcane Into The State of Florida, also incorporated herein by reference. A copy of the application may be obtained via http://www.flrules.org/Gateway/reference.asp?No=Ref-07880. A copy of the compliance agreement is available via http://www.flrules.org/Gateway/reference.asp?No=Ref-07881.

(8) It is unlawful for any person to introduce into this state from another state, territory, or country any citrus plant or citrus plant product or propagation without a permit issued by the department. Any citrus plant, citrus plant products, or propagation introduced into the state from another state, territory, or country without a permit issued by the department, or any plants propagated thereafter from such materials are unlawful and shall be confiscated and destroyed as contraband pursuant to Section 581.182, F.S. No compensation shall be allowed for any plant, product, or propagation confiscated and destroyed pursuant to this section.

(9) A permit to bring citrus plants and citrus plant products into the state may be requested, by submitting to the Division at the address shown on the form, an Application to Introduce Citrus Plants and Citrus Plant Parts, FDACS-08084, revised 5/12, which is incorporated in Rule 5B-62.005, F.A.C.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031, 581.182 FS. History–New 3-16-92, Amended 7-2-95, 4-1-97, 6-12-00, 10-8-03, 2-26-17.

Fla. Admin. Code R. 5B-3.0032 Requirements for the International Movement of Plants and Plant Products

(1) All shipments of international origin plants and plant products entering Florida by road are required to stop at an agricultural inspection station where they will be screened for proper certification and subject to cargo inspection by the department.

(2) All shipments of international origin plants and plant products shall be accompanied with a bill of lading or other valid documentation which contains, at least, the following information:

(a) Name and physical address of the shipper or consignor;

(b) Name and physical address of receiver or consignee;

(c) Description of plants or plant products in shipment;

(d) Place and country of origin;

(e) Ultimate destination of shipment if different than receiver or consignee.

(3) The bill of lading or other valid document and all attachments shall be in the English language or shall have attached thereto an accurate English translation containing adequate information for examination of the product.

(4) It shall be unlawful to ship plants and plant products into Florida which are in violation of Federal law, including restricted international origin plants and plant products that require treatment or the distribution is limited to specified states.

History

• Rulemaking Authority 570.07(23), 581.031(4) FS. Law Implemented 581.031(15), (19), (20) FS. History–New 4-1-97, Amended 10-8-03, 2-26-17.

Fla. Admin. Code R. 5B-3.0035 Restrictions on Host Fruit of Fruit Flies

All host fruit listed below from an area infested with the fruit flies Anastrepha spp. (except A. suspensa), Bactrocera spp., Dacus spp., Rhagoletis spp., and Ceratitis spp. is prohibited entry into the State of Florida, unless accompanied by a certificate issued by an authorized representative of the USDA or the state of origin denoting the absence of fruit flies listed above and having complied with a treatment approved by the department or USDA to insure freedom from fruit flies as outlined in the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine Treatment Manual, Chapter 5, revised 12/2016. Chapter 5 of this manual is incorporated herein and a copy may be obtained via http://www.flrules.org/Gateway/reference.asp?No=Ref-07882. The following host list does not exclude from restriction any movement into Florida of other fruit or articles that may be infested. The purpose of the list is to provide information as to the preferred hosts of fruit flies which most commonly move in commerce.

(1) Actinidia chinensis – kiwi fruit

(2) Annona spp. – soursop, cherimoya, pond-apple and sugar-apple

(3) Arenga pinnata – sugar palm

(4) Argania spinosa – Argan tree, Morocco ironwood

(5) Blighia sapida – akee

(6) Capsicum spp. – peppers

(7) Carica papaya – papaya

(8) Carissa macrocarpa – carissa, Natal-plum

(9) Casimiroa spp. – white-sapote and other species of this genus

(10) Chrysophyllum spp. – star-apple and other species of this genus

(11) Citrus spp. – orange, grapefruit, tangerine, and other citrus relatives as defined in Rule 5B-63.001, F.A.C.

(12) Coffea canephora (robusta coffee) or Coffea spp.

(13) Coffea arabica – coffee

(14) Cucumis spp. – cucumber, muskmelon, melon and other species of this genus

(15) Cydonia oblonga – common guince

(16) Cyphomandra betacea – tree tomato

(17) Dimocarpus longana – longan

(18) Diospyros spp. – Japanese and American persimmons and other species of this genus

(19) Dovyalis spp. – Ceylon-gooseberry, kei-apple

(20) Eriobotrya japonica – loquat

(21) Eugenia spp. – Surinam cherry and other species of this genus

(22) Acca sellowiana – feijoa, pineapple guava

(23) Ficus carica – fig

(24) Fortunella japonica – kumquat

(25) Geoffroea decorticans – chanar, Chilean palo verde

(26) Juglans spp. – walnut with husk

(27) Litchi chinensis – lychee

(28) Malpighia spp. – Barbados cherry, West Indies cherry

(29) Malus pumila – apple

(30) Mangifera indica – mango

(31) Manilkara zapota – sapodilla

(32) Mimusops elengi – Spanish cherry

(33) Murraya paniculata – orange jasmine

(34) Ochrosia elliptica – kopsia, elliptic yellowwood

(35) Olea europea – olive

(36) Opuntia spp. – prickly pear

(37) Passiflora edulis – passion fruit

(38) Persea americana – avocado

(39) Phoenix dactylifera – date palm

(40) Pouteria campechiana – canistel

(41) Pouteria sapota – mammee, sapote

(42) Prunus spp. – peach, plum, apricot, cherry and other stone fruit relatives

(43) Psidium spp. – common guava and cattley guava

(44) Punica granatum – pomegranate

(45) Pyrus communis – pear

(46) Solanum esculentum – tomato

(47) Solanum melongena var. esculentum – eggplant

(48) Spondias spp. – hog plum, yellow mombin, red mombin, purple mombin, Spanish plum, jocote

(49) Syzygium spp. – rose-apple, jambolan-plum, mountain apple

(50) Terminalia catappa – tropical almond

(51) Thevetia peruviana – yellow oleander

(52) Vaccinium angustofolium (including V. pennsylvanicum) – lowbush blueberry

(53) Vaccinium corymbosum (including V. ashei and V. fuscatum) – highbush blueberry

(54) Vitis spp. – wine grape or European grape

(55) Any other fruit which is known to be or found to be a host of any fruit flies listed above.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031 FS. History–New 7-2-95, Amended 10-8-03, 2-26-17.

Fla. Admin. Code R. 5B-3.0038 Quarantine Action

(1) Plants and plant products which are not accompanied by proof of origin and a certificate of inspection issued by a state or country plant protection governmental agency indicating compliance with Florida regulations or are found to be infested or infected with, or exposed to a plant pest not known to be established in the state shall be subject to being refused entry, returned to the owner, quarantined, treated, or destroyed as specified by the department. The destruction, quarantine, treatment, or return of a shipment shall be under the direction of an authorized representative of the department and at the expense of the owner. Payment to the department for such expense shall be required before shipping can resume. Pursuant to Section 581.031(7), F.S., shippers shall be immediately suspended from shipping into Florida when shipments of plants and plant products are found to be infested or infected with a plant pest not known to be established in the state, and the pest is determined to be potentially damaging to Florida agriculture. This suspension shall remain in effect until the Florida Department of Agriculture and Consumer Services, Division of Plant Industry and the state of origin department of agriculture agree the problem has been resolved and that shipping may resume. An Agreement for Treatment, Destruction, Forfeiture or Return of Plants and/or Plant Parts, FDACS-08029, revised 9/16, will be completed on all shipments requiring regulatory action. This agreement is supplied by the division for this purpose and is hereby incorporated herein by reference. A copy may be obtained via http://www.flrules.org/Gateway/reference.asp?No=Ref-07879. The following are examples of plant pests that would require immediate quarantine action:

(a) Arthropods

1. Agrilus planipennis – emerald ash borer

2. Aceria litchii – currently in Hawaii; Litchi mite

3. Anoplophora spp. – Asian longhorned beetles

4. Bactericerca cockerelli – potato psyllid

5. Bactericera nigricornis complex – Old world potato psyllid

6. Bagrada hilaris – bagrada bug

7. Biprorulus bibax – spined orange bug

8. Bostrichidae – Bostrichid beetles

9. Brevipalpus chilensis – Chilean false red mite

10. Ceratovacuna lanigera – sugarcane woolly aphid

11. Epiphyas postvittana – light brown apple moth

12. Eutetranychus orientalis – Oriental red mite

13. Exophthalmus spp. – Caribbean citrus weevils

14. Halyomorpha halys – brown marmorated stink bug

15. Liriomyza huidobrensis – pea leaf miner

16. Liriomyza langei – pea leaf miner

17. Lobesia botrana – European grapevine moth

18. Maconellicoccus hirsutus – pink mealybug

19. Metamasius spp. – Neotropical palm and bromeliad weevils

20. Musgraveia sulciventris – bronze orange bug

21. Myllocerus spp. – Asian weevils

22. Nasonovia ribisnigri – currant-lettuce aphid

23. Nephotettix spp. – Green leafhoppers on rice

24. Nilaparvata lugens – brown plant hopper

25. Oxycarenus hyalinipennis – dusky cottonseed bug

26. Prymnotrypes spp. – Andean potato weevils

27. Rhagoletis mendax – blueberry maggot fly

28. Rhynchophorus ferrugineus – red palm weevil

29. Rhynchophorus palmarum – giant palm weevil

30. Russelliana solanicola – a potato psyllid

31. Siphoninus plyillyleae – Ash whitefly

32. Trioza anceps – avocado psyllid

33. Trioza perseae – avocado psyllid

34. Trioza erytreae – African citrus psyllid

35. Tropilaelaps clareae – Tropilaelaps mite

36. Tuta absoluta – tomato leaf miner

(b) Diseases

1. Banana bunchy top virus

2. Chilli leaf curl virus

3. Citrus chlorotic dwarf

4. Citrus leprosis virus

5. Citrus variegated chlorosis

6. Citrus yellow mosaic virus

7. Huanglongbing – citrus greening disease – Candidatus Liberibacter asiatius; Candidatus Liberibacter amerianus; Candidatus Liberibacter africanus

8. Fiji disease of sugarcane

9. Fusarium oxysporum, esp. tropical race IV

10. Phytophthora alni

11. Phytophthora europea

12. Phytophthora foliorum

13. Phytophthora hedriandra

14. Phytophthora kernoviae

15. Phytophthora nemarosa

16. Phytophthora pseudosyringae

17. Phytophthora siskyouensis

18. Phytophthora ramorum – sudden oak death

19. Puccinia horiana – chrysanthemum white rust

20. Ralstonia solanacearum – blood disease of banana

21. Septoria citri

22. Sugarcane bacilliform badnavirus

23. Sugarcane yellowleaf syndrome

24. Tomato chlorosis virus

25. Tomato infectious chlorosis virus

26. Tomato leaf curl New Delhi virus

27. Tomato marchitez virus

28. Tomato severe leaf curl virus

29. Tomato torrado virus

30. Tomato yellow leaf curl virus – China, Seychelles and Indonesia strains

31. Tomato yellow vein streak

(c) Mollusks

1. Achatina spp. – giant African land snail and others

2. Archachatina marginata – banana rasp snail

3. Cryptomphalus spp. – brown garden snail and others

4. Megalobulimus oblongus – giant South American snail

5. Theba pisana – white garden snail

(d) Nematodes

1. Anguina tritici – wheat gall nematode

2. Bursaphelenchus cocophilus – red ring nematode

3. Ditylenchus destructor – potato rot nematode

4. Ditylenchus dispaci – bud and stem nematode

5. Globodera spp. – potato cyst nematode

6. Hemicycliophora arenaria – citrus sheath nematode

7. Heterodera carotae – carrot cyst nematode

8. Heterodera cruciferae – cabbage cyst nematode

9. Heterodera goettingiana – pea cyst nematode

10. Heterodera zeae – corn cyst nematode

11. Hoplolaimus columbus – Columbia lance nematode

12. Longidorus africanus – a needle nematode

13. Longidorus belondriodes – a needle nematode

14. Meloidogyne chitwoodi – Columbia root-knot nematode

15. Meloidogyne citri – a citrus root-knot nematode

16. Meloidogyne fujianenis – citrus root-knot nematode

17. Meloidogyne naasi – cereal root-knot nematode

18. Nacobbus aberrans – false root-knot nematode

19. Pratylenchus convallariae – a lesion nematode

20. Pratylenchus crenatus – a lesion nematode

21. Pratylenchus goodeyi – a lesion nematode

22. Xiphinema brevicolle – a dagger nematode

23. Xiphinema bricolensis – a dagger nematode

24. Xiphinema californicum – a dagger nematode

25. Xiphinema diversicaudatum – a dagger nematode

26. Xiphinema index – California dagger nematode

27. Xiphinema insigne – a dagger nematode

28. Xiphinema vuittenezi – a dagger nematode

29. Zygotylenchus spp. – a lesion nematode

(2) Plant pests of limited distribution in the State of Florida. Plants and plant products found infested or infected with or exposed to a plant pest of limited distribution in the state shall be subject to immediate quarantine action and will not be eligible for certification until treated as prescribed by the department and released from quarantine. An Agreement for Treatment, Destruction, Forfeiture or Return of Plant and/or Plant Parts, FDACS-08029, revised 9/16, will be completed on all shipments requiring regulatory action. The following are examples of plant pests that would require immediate quarantine action:

(a) Arthropods

1. Aleurodicus rugioperculatus – gumbo limbo whitefly

2. Aulacaspis yasumatsui – Asian cycad scale

3. Diaphorina citri – Asian citrus psyllid

4. Diaprepes abbreviatus – diaprepes root weevil

5. Duponchelia fovealis – European pepper moth

6. Maconellicoccus hirsutus – pink mealybug

7. Metamasius callizona – bromeliad weevil

8. Metamasius hemipterus – palm and sugarcane weevil

9. Morganella longispina – plumose scale

10. Myllocerus undecimpustulatus undatus – weevil

11. Nipaecoccus viridis – Lebbeck mealybug

12. Noctua pronuba – large yellow underwing

13. Oligonychus persae – avocado mite

14. Opuntiaspis spp. – scale insect

15. Paratachardina pseudolobata – lobate lac scale

16. Parlatoria ziziphi – black parlatoria scale

17. Pectinophora gossypiella – pink bollworm

18. Phalacrococcus howertoni – Howerton’s scale

19. Philephedra sp. – scale insect

20. Phoenicococcus marlatti – red date scale

21. Raoiella indica – red palm mite

22. Singhiella simplex – ficus whitefly

23. Vinsonia stellifera – stellate scale

24. Xyleborus glabratus – red bay ambrosia beetle

(b) Diseases

1. Agrobacterium tumefaciens – crown gall

2. Cucumber green mottle mosaic virus

3. Cucurbit leaf crumple begemovirus

4. Cucurbit yellow stunting disorder crinivirus

5. Guignardia citricarpa – citrus black spot

6. Huanglongbing – citrus greening

7. Lethal yellowing of palms

8. Pepino mosaic virus

9. Phomopsis gardeniae – gardenia canker

10. Phytophthora tropicalis

11. Puccinia pelargonii – zonalis – geranium rust

12. Sphaceloma poinsettiae – poinsettia scab

13. Texas phoenix palm decline phytoplasma

14. Tomato yellow leaf curl virus – all in the complex

15. Xanthomonas axonopodis pv. citri – citrus canker

(c) Mollusks

1. Otala lactea – milk snail

2. Zachrysia provisoria – Cuban land snail

(d) Nematodes

1. Meloidogyne enterlobii – Guava root-knot nematode

2. Tylenchulus semipenetrans – a citrus nematode

(3) Common Plant Pests. All nursery stock and other plants and plant products found infested or infected with a common plant pest shall be subject to immediate quarantine action when the population of the plant pest is adversely affecting the plant or plant product. The plant or plant product will not be eligible for certification until treated as prescribed by the department and released from quarantine. An Agreement for Treatment, Destruction, Forfeiture or Return of Plants and/or Plant Parts, FDACS-08029, revised 9/16, will be completed on all shipments requiring regulatory action.

History

• Rulemaking Authority 570.07(23), 581.031(4), 581.101 FS. Law Implemented 581.031(7), (9), 581.101 FS. History–New 4-1-97, Amended 6-12-00, 10-8-03, 9-24-08, 2-26-17, 10-18-18.

Fla. Admin. Code R. 5B-3.004 Entry of Authorized Representativves

History

• Rulemaking Authority 570.32-.35, 581.031 FS. Law Implemented 581.031(9), (20) FS. History–Repromulated 12-31-74, Formerly 5B-4.01, Repealed 4-4-83.

Fla. Admin. Code R. 5B-3.005 Penalties for Violation

History

• Rulemaking Authority 570.32-.35, 581.031 FS. Law Implemented 581.031(9), (20) FS. History–Repromulated 12-31-74, Formerly 5B-4.01, Repealed 4-4-83.

Chapter 5B-26 OAK WILT DISEASE

Fla. Admin. Code R. 5B-26.001 Oak Wilt Disease Hosts Prohibited Entry

History

• Rulemaking Authority 570.32-.35, 581.031 FS. Law Implemented 581.031 FS. History–Repromgulated 12-31-74, Formerly 5B-26.01, Repealed 10-18-90.

Fla. Admin. Code R. 5B-26.002 Definitions

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

(1) Certificate. An official document stipulating compliance with the requirements of the department.

(2) Exposed. Subjected to oak wilt disease infestation because of proximity to or contact with oak wilt disease.

(3) Host plant. An oak (Quercus spp.), chestnut (Castanea spp.), chinquapin (Castanea spp. or Castanopsis spp.) or tanbark oak (Lithocarpus densiflora) plant or part thereof or any other plant or part thereof which is capable of being infected or infested by oak wilt disease in any of its life stages.

(4) Infected. Actually harboring oak wilt disease.

(5) Infested Area. Any state, territory or country known to be infested with the oak wilt disease defined herein.

(6) International movement. Movement into Florida from any country or area outside the United States.

(7) Interstate movement. Movement into Florida from another state or U. S. possession.

(8) Intrastate movement. Movement within the state of Florida.

(9) Master permit. An official document issued by the director allowing entry of host plants from infested areas, defining the items being moved, and containing specific instructions regarding inspection, certification, and movement.

(10) Oak wilt disease. A fungal disease of oak (Quercus spp.), chestnut (Castanea spp.), chinquapin (Castanea spp. or Castanopsis spp.) and tanbark oak (Lithocarpus densiflora) cited by the organism, Ceratocystis fagacearum.

(11) Regulated area. Any area in such proximity to an infestation that it cannot be separated for quarantine purposes from an infestation.

(12) Regulated article. Any article, including but not limited to firewood with bark and unpeeled lumber, capable of transporting or harboring oak wilt disease.

History

• Rulemaking Authority 570.07(23), 581.031(1),(4),(5) FS. Law Implemented 581.011, 581.031(6),(7),(17), 581.083, 581.101, 581.181 FS. History–New 10-18-90.

Fla. Admin. Code R. 5B-26.003 Purpose

The purpose of this chapter is to establish procedures to prevent the introduction of oak wilt disease into and to prevent the spread of oak wilt disease within the state, should the disease and/or its causal agent (C. fagacearum) be inadvertently introduced.

History

• Rulemaking Authority 570.07(23), 581.031(1),(4),(5),(7) FS. Law Implemented 570.07(2),(13), 581.031(4),(5), 581.083 FS. History–New 10-18-90.

Fla. Admin. Code R. 5B-26.004 Declaration of Oak Wilt Disease as a Plant Pest and Quarantine

Pursuant to section 581.031(6), F.S., the oak wilt disease incited by Ceratocystis fagacearum 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 likely to communicate same. A quarantine is hereby established against any state, territory, or country known to be infested with the oak wilt disease defined herein.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 581.031(6) FS. History–New 10-18-90, Amended 6-4-95.

Fla. Admin. Code R. 5B-26.005 Declaration of Quarantine

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031(7) FS. History–New 10-18-90, Repealed 6-4-95.

Fla. Admin. Code R. 5B-26.006 Infested and Regulated Areas

(1) Infested areas. The following states in which oak wilt disease is known to be established, shall be known as infested areas.

(a) Arkansas.

(b) Illinois.

(c) Indiana.

(d) Iowa.

(e) Kansas.

(f) Kentucky.

(g) Maryland.

(h) Michigan.

(i) Minnesota.

(j) Missouri.

(k) Nebraska.

(l) New York.

(m) North Carolina.

(n) Ohio.

(o) Oklahoma.

(p) Pennsylvania.

(q) South Carolina.

(r) Tennessee.

(s) Texas.

(t) Virginia.

(u) West Virginia.

(v) Wisconsin.

(w) Any other state, territory or country where oak wilt disease as defined herein is determined to be established.

(2) Regulated areas. Any area in which it is deemed necessary to regulate because of proximity to an infestation of the oak wilt disease defined herein, or its inseparability for quarantine enforcement purposes from an infested area, or where there is an absence of interstate regulations regarding oak wilt disease.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (7) FS. Law Implemented 581.031(4), (20), 581.101 FS. History–New 10-18-90.

Fla. Admin. Code R. 5B-26.007 Interstate Movement

(1) The movement of oak wilt disease or host plants into the state from an infested or regulated area is prohibited except by master permit (DACS-08047, Revised 11/99) issued by the director. Master Permit (DACS-08047, Revised 11/99) is incorporated in this rule by reference. Copies of the form may be obtained from the Division of Plant Industry, P.O. Box 147100, Gainesville, Florida 32614-7100. Oak wilt disease or any host plant or part thereof may enter the state of Florida for research purposes provided prior written permission from the director is obtained.

(2) The movement of firewood with bark and unpeeled lumber into the state from an infested or regulated area is prohibited except by a certificate issued by an authorized representative of the state of origin. The certificate shall state that these regulated articles have been treated in a manner approved by the department to minimize risk of inadvertent introduction of oak wilt disease.

(3) Any host plant or part thereof, including regulated articles, found to be infected with or exposed to oak wilt shall be quarantined, returned to the shipper or destroyed at the discretion of the department, and acceptance of further shipment of host plants or parts thereof from the party found to be in violation of this chapter shall be suspended. The suspension shall remain in effect until the department of agriculture in the state of origin has notified the department in writing that the problem has been resolved.

(4) The destruction or return of an out-of-state shipment shall be at the expense of the shipper. Payment to the department for such expense is required before shipping can resume.

History

• Rulemaking Authority 570.07(23), 581.031(4) FS. Law Implemented 581.031(4), (15), (20), 581.083 FS. History–New 10-18-90, Amended 6-12-00.

Fla. Admin. Code R. 5B-26.008 Intrastate Movement

History

• Rulemaking Authority 570.07(23), 581.031(5) FS. Law Implemented 581.031(5), (15), (20) FS. History–New 10-18-90, Repealed 6-4-95.

Fla. Admin. Code R. 5B-26.009 Intranational Movement

History

• Rulemaking Authority 570.07(23), 581.031(5) FS. Law Implemented 581.031(5), (15), (20) FS. History–New 10-18-90, Repealed 6-4-95.

Fla. Admin. Code R. 5B-26.010 Entry of Authorized Representatives

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.07(2), (13), 581.031(15), (17) FS. History–New 10-18-90, Repealed 6-4-95.

Chapter 5B-33 SEED POTATO PESTS

Fla. Admin. Code R. 5B-33.001 Purpose

History

• Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History–New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.01, Repealed 4-4-18.

Fla. Admin. Code R. 5B-33.002 Sale of Seed Potatoes Restricted

It shall be unlawful for any person, firm, association or corporation to offer or expose for sale, or ship into this state, any potatoes or parts thereof intended for propagation, except as prescribed herein, unless specifically authorized by the department.

History

• Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History–New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.02, Amended 4-4-18.

Fla. Admin. Code R. 5B-33.003 Requirements for Sale

(1) All potatoes to be sold for propagation in Florida must meet U.S. No. 1 seed potato requirements as set forth in the U.S. Standards for Grades of Potatoes, 7 CFR 51.1541, Edition 1-1-17, hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09135.

(2) All potatoes to be sold for seed in Florida must have been grown under a seed potato certification program of the state or country of origin, and each bag or bulk unit must be accompanied by a certificate issued by the agency administering the seed potato certification program.

(3) The department shall have the authority to open any shipment of seed potatoes for inspection, to draw a reasonable sample from any bag of seed potatoes for laboratory examination or for planting for field observation, and to request additional supporting certification documentation that verifies requirements outlined in subsection (2).

History

• Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History–New 3-15-69, Amended 5-1-73, Repromulgated 12-31-74, Formerly 5B-33.03, Amended 4-4-18.

Fla. Admin. Code R. 5B-33.004 Exemptions

History

• Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History–New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.04, Repealed 4-4-18.

Fla. Admin. Code R. 5B-33.005 Disposition of Seed Potatoes Not Meeting Above Requirements

Seed potatoes not meeting the requirements for propagation as specified in rule Chapter 5B-33, F.A.C., will be destroyed or refused entry by the department at the expense of the shipper.

History

• Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History–New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.05, Amended 4-4-18.

Fla. Admin. Code R. 5B-33.006 Seed Potato Advisory Committee

History

• Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History–New 3-15-69, Amended 5-1-73, Repromulgated 12-31-74, Formerly 5B-33.06, Repealed 4-4-18.

Chapter 5B-38 LETTUCE MOSAIC

Fla. Admin. Code R. 5B-38.001 Definitions

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

(1) “Lettuce” means plants and plant parts of Lactuca sativa.

(2) “Lettuce mosaic” means a seed-borne and insect-transmitted virus disease affecting lettuce.

(3) “Person” means individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(4) “Regulated article” means lettuce mosaic virus, lettuce seeds, and lettuce plants.

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (6), (7) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.01, Amended 5-25-93, 11-14-23.

Fla. Admin. Code R. 5B-38.002 Notice of Quarantine

Lettuce mosaic, a serious virus disease of lettuce, is declared a nuisance and a major economic threat to the production of commercial lettuce in Florida. This quarantine shall restrict the movement of regulated articles and require certain cultivation practices which will reduce the occurrence of lettuce mosaic in commercial lettuce growing areas within the state.

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (6), (7), 581.101 FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.02, Amended 5-25-93, 11-14-23.

Fla. Admin. Code R. 5B-38.003 Intrastate Regulations

History

• Rulemaking Authority 570.07, 581.031 FS. Law Implemented 581.031 FS. History-New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.03, Repealed 5-25-93.

Fla. Admin. Code R. 5B-38.004 Movement of Regulated Articles

The movement of regulated articles into or within the state is prohibited for planting or sale within the state unless the certification requirements set forth in Rule 5B-38.006, F.A.C., have been met.

History

• Rulemaking Authority 570.07(13),(23) FS. Law Implemented 581.031(4), (5), (7) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.04, Amended 5-25-93, 11-14-23.

Fla. Admin. Code R. 5B-38.005 Suppressive Area Designation

The entire state of Florida where lettuce is commercially produced and where an attempt is being made to reduce the incidence of lettuce mosaic is designated as the suppressive areas.

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(5), (7) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.05, Amended 5-25-93, 11-14-23.

Fla. Admin. Code R. 5B-38.006 Certification Requirements

(1) Lettuce seed intended for commercial use, being moved, sold, or planted within the state shall be certified as having been tested by a seed testing facility. Such certification shall be based on the negative testing results of seed tested from at least 30,000 seed from a designated seed lot; results must show 0.0 (zero) lettuce mosaic infested seed; certification stating “0 lettuce mosaic in 30,000 seed tested” shall be attached to or printed on the container.

(2) Commercial lettuce plants being moved, sold, or planted within the state must be produced from seed certified in accordance with subsection 5B-38.006(1), F.A.C.

(3) Exemptions: Any person seeking an exemption to plant lettuce plants or seed that do not meet the requirements of subsection (1) or (2), above, shall apply for an 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. and may be obtained by emailing to PlantIndustry@FDACS.gov. A sample is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02819.

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (23), (26) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.06, Amended 5-25-93, 6-12-00, 11-14-23.

Fla. Admin. Code R. 5B-38.007 Required Cultivation Practices

Commercial lettuce plantings must be destroyed by disking, plowing, or other means within 10 days of termination of final harvest from said planting.

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(17) FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.07, Amended 5-25-93, 11-14-23.

Fla. Admin. Code R. 5B-38.008 Entry of Authorized Representatives

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(15) FS. History-New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.08, Amended 5-25-93, Repealed 7-5-95.

Fla. Admin. Code R. 5B-38.009 The Lettuce Advisory Committee

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 581.031 FS. History–New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.09, Amended 5-25-93 Repealed 11-14-23.

Chapter 5B-40 PRESERVATION OF NATIVE FLORA OF FLORIDA

Fla. Admin. Code R. 5B-40.001 Definitions

(1) For the purpose of this rule chapter, the definitions in Sections 581.011 and 581.185(2), F.S., and the following definitions shall apply:

(a) Commercially exploited plant list. Plants designated in paragraph 5B-40.0055(1)(c), F.A.C., as commercially exploited.

(b) Commissioner. The Commissioner of Agriculture as head of the Florida Department of Agriculture and Consumer Services.

(c) Council. The Endangered Plant Advisory Council.

(d) Department. The Florida Department of Agriculture and Consumer Services.

(e) Director. The Director for the Division of Plant Industry.

(f) Eligible Applicant. A corporation that is designated as not-for-profit pursuant to section 501(c)(3) of the Internal Revenue Code of 1954, and which is described in, and allowed to receive contributions pursuant to the provisions of Section 170 of the Internal Revenue Code of 1954, and which is a corporation not for profit incorporated pursuant to Chapter 617, F.S., and which can demonstrate, based on program criteria, the ability to protect, conserve, propagate, reintroduce, and monitor endangered and threatened native flora.

(g) Endangered Native Flora. A plant listed on the Endangered Plant List of the Regulated Plant Index designated in paragraph 5B-40.0055(1)(a), F.A.C.

(h) Endangered Plant List. Plants designated in paragraph 5B-40.0055(1)(a), F.A.C., as endangered.

(i) Grant Award. The dollar amount of a grant approved by the Commissioner within the Endangered and Threatened Native Flora Conservation Grants program.

(j) Grant Award Contract. The contract signed by the Commissioner and the Grantee which establishes the grant award, applicable rules, regulations, and any special conditions for each grant award.

(k) Grant Period. The length of time in which a project will be accomplished as set forth in the Grant Award Contract by the starting date and the ending date.

(l) Grantee. The recipient of a grant award.

(m) Native Plant. A plant species, subspecies, or variety of species that is presumed to have been present in Florida before European contact.

(n) Permit. An official written document issued by the department giving consent to the permittee to harvest commercially exploited or endangered plants under conditions described thereon.

(o) Shipment or Shipments. The act or process of transferring or moving plants or plant products from one point to another.

(p) Threatened Native Flora. A plant listed on the Threatened Plant List of the Regulated Plant Index designated in paragraph 5B-40.0055(1)(b), F.A.C.

(q) Threatened Plant List. Plants designated in paragraph 5B-40.0055(1)(b), F.A.C., as threatened.

(r) Viable. A state of health whereby a plant is capable of surviving and functioning in a way which is common for the species to which it belongs.

(2) The purpose of this rule chapter is to preserve Florida’s endangered, threatened, and commercially exploited plants, and to encourage propagation of plant species through the Endangered and Threatened Native Flora Conservation Grants Program.

History

• Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.01, Amended 1-31-88, 12-3-91, 5-21-96, 1-7-98, 10-5-98, 8-20-15, 7-17-18.

Fla. Admin. Code R. 5B-40.002 Purpose

History

• Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 581.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.02, Amended 1-31-88, Repealed 7-5-95.

Fla. Admin. Code R. 5B-40.003 Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists

(1) Endangered plants.

(a) To willfully harvest, collect, pick, remove, injure, or destroy any plant listed as endangered growing on the private land of another, or on any public land or water, a person shall obtain the written permission of the owner of the land or water, or their legal representative.

(b) Any person desiring to harvest one or more plants, or parts thereof, of a species contained on the Endangered Plant List, designated in paragraph 5B-40.0055(1)(a), F.A.C., from the private land of another, or on any public land or water, shall file with the Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS-08025, Revised 05/19, incorporated herein by reference, which may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10858.

(c) Any person transporting for the purpose of sale, selling, or offering for sale, any plant contained on the Endangered Plant List, designated in paragraph 5B-40.0055(1)(a), F.A.C., which is harvested from such person’s own property shall file with the Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS-08025, Revised 05/19.

(d) A request for such a permit shall meet the following requirements:

1. A written request shall be filed at least 14 calendar days prior to the intended date of harvest.

2. The request shall include a legal description of the property where harvesting will occur. Also, written permission is required of the property owner when a person other than the owner wishes to collect or harvest.

3. When requested, supply additional information regarding the intended use, method of collection, reason for collection, and species population on property.

(2) Commercially exploited plants.

(a) To willfully harvest, collect, pick, remove, injure, or destroy any plant listed as commercially exploited, in paragraph 5B-40.0055(1)(c), F.A.C., growing on the private land of another, or on any public land or water, a person shall obtain the written permission of the owner of the land or water or their legal representative.

(b) Any person desiring to harvest three or more plants or parts thereof of a species contained on the Commercially Exploited Plant List, designated in paragraph 5B-40.0055(1)(c), F.A.C., from the private land of another or on any public land or water shall file with the Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS-08025, Revised 05/19.

(c) Any person transporting for the purpose of sale, selling, or offering for sale, any plant contained on the commercially exploited plant list which is harvested from such person’s own property shall file with the Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS-08025, Revised 05/19.

(d) A request for such a permit shall meet the following requirements:

1. A written request shall be filed at least 14 days prior to the intended date of harvest.

2. The request shall include a legal description of the property where harvesting will occur. Also, written permission is required of the property owner when a person other than the owner wishes to collect or harvest.

3. When requested, supply additional information regarding the intended use, method of collection, reason for collection, and species population on property.

(3) All requests for permits submitted in accordance with Rule 5B-40.003, F.A.C., shall be reviewed by the department within 14 days following receipt of the request.

(4) Permits issued for endangered or commercially exploited plants shall be valid for one year for those plants permitted and must be renewed annually by submitting a new application as provided in Rule 5B-40.003, F.A.C.

History

• Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.03, Amended 1-31-88, 9-20-00, 8-20-15, 8-15-19.

Fla. Admin. Code R. 5B-40.004 Issuance of Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists

History

• Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.04, Amended 1-31-88, 9-20-00, Repealed 8-20-15.

Fla. Admin. Code R. 5B-40.005 To Harvest Plants on the Threatened Plant List

(1) A person seeking to harvest, collect, pick, remove, injure, or destroy any such plant listed as threatened in paragraph 5B-40.0055(1)(b), F.A.C., growing on the private land of another, or on any public land or water, a person shall obtain the written permission of the owner of the land or water, or their legal representative.

(2) A person seeking to transport, carry, or convey on any public road or highway, or to sell, or offer for sale in any place, threatened plants listed in paragraph 5B-40.0055(1)(b), F.A.C., which have been collected without the written permission of the property owner or their legal representative, or in the case of public land and water, the superintendent or custodian of such public land or water, is in violation of this chapter.

History

• Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.05, Amended 1-31-88, 8-20-15.

Fla. Admin. Code R. 5B-40.0055 Regulated Plant Index

(1) All plants listed on the Endangered Plant List, the Threatened Plant List, and the Commercially Exploited Plant List as set forth herein are referred to as regulated.

(a) Endangered Plant List. The following plants shall be included in the Endangered Plant List:

1. Acacia angustissima – prairie acacia

2. Acacia choriophylla – tamarindillo

3. Acacia tortuosa – poponax, presumed extirpated

4. Actaea pachypoda – baneberry

5. Adiantum melanoleucum – fragrant maidenhair fern

6. Adiantum tenerum – brittle maidenhair fern

7. Aeschynomene pratensis – meadow jointvetch

8. Agalinis georgiana – Georgia false foxglove

9. Agave neglecta – wild century plant

10. Ageratum littorale – Cape Sable whiteweed

11. Aletris bracteata – bracted colicroot

12. Alvaradoa amorphoides – alvaradoa

13. Amorpha crenulata – Miami lead plant

14. Anemia wrightii – parsley fern

15. Aquilegia canadensis – columbine

16. Arabis canadensis – sicklepod

17. Argusia gnaphalodes – sea-lavender

18. Argythamnia blodgettii – Blodgett’s wild-mercury

19. Aristolochia pentandra – Marsh’s dutchman’s pipe

20. Aristolochia tomentosa – pipevine

21. Arnica acaulis – leopard’s-bane

22. Arnoglossum album – white-flowered plantain

23. Asclepias curtissii – Curtiss’s milkweed

24. Asclepias viridiflora – green-flower milkweed

25. Asimina tetramera – four-petal pawpaw

26. Asplenium auritum – auricled spleenwort fern

27. Asplenium dentatum – slender spleenwort

28. Asplenium monanthes – San Felasco spleenwort

29. Asplenium pumilum – dwarf spleenwort

30. Asplenium serratum – bird’s-nest spleenwort

31. Asplenium verecundum – delicate spleenwort

32. Aster hemisphericus – aster

33. Aster spinulosus – pinewoods aster

34. Baccharis dioica – broom-bush

35. Balduina atropurpurea – purple balduina

36. Baptisia calycosa – Canby’s wild indigo

37. Baptisia megacarpa – Apalachicola wild-indigo

38. Basiphyllaea corallicola – Carter’s orchid

39. Bigelowia nuttallii – Nuttall’s rayless goldenrod

40. Blechnum occidentale – sinkhole fern

41. Bonamia grandiflora – Florida bonamia

42. Bourreria cassinifolia – little strongback

43. Bourreria radula – rough strongbark

44. Bourreria succulenta – bodywood

45. Brassia caudata – spider orchid

46. Brickellia cordifolia – heart-leaf Brickell-bush

47. Brickellia mosieri – Brickell-bush

48. Bulbophyllum pachyrachis – rat-tail orchid

49. Burmannia flava – Fakahatchee burmannia

50. Caesalpinia major – yellow nicker

51. Caesalpinia pauciflora – fewflower holdback

52. Calamintha georgiana – Georgia calamint

53. Calliphysalis carpenteri – Carpenter’s groundcherry

54. Callirhoe papaver – poppy mallow

55. Calycanthus floridus – sweet shrub

56. Calyptranthes zuzygium – myrtle of the river

57. Calystegia catesbeiana – Catesby’s bindweed

58. Campanula robinsiae – Chinsegut bellflower

59. Campylocentrum pachyrrhizum – leafless orchid

60. Campyloneurum angustifolium – narrow swamp fern

61. Campyloneurum costatum – tailed strap fern

62. Campyloneurum latum – wide strap fern

63. Canella winterana – wild cinnamon

64. Carex microdonta – little-tooth sedge

65. Cassia keyensis – Key cassia

66. Catesbaea parviflora – dune lily-thorn

67. Catopsis berteroniana – airplant

68. Catopsis floribunda – many-flowered airplant

69. Catopsis nutans – nodding catopsis

70. Celosia nitida – West Indian cock’s-comb

71. Celtis iguanaea – Iguana hackberry

72. Celtis pallida – spiny hackberry

73. Centrosema arenicola – sand butterfly pea

74. Chamaesyce cumulicola – sand dune spurge

75. Chamaesyce deltoidea – rockland spurge

76. Chamaesyce garberi – Garber’s spurge

77. Chamaesyce porteriana – Porter’s spurge

78. Cheilanthes microphylla – southern lip fern

79. Chionanthus pygmaeus – pygmy fringe-tree

80. Chrysopsis cruiseana – Cruise’s golden-aster

81. Chrysopsis floridana – Florida’s golden-aster

82. Chrysopsis godfreyi – Godfrey’s golden-aster

83. Chrysopsis highlandsensis – Highlands golden-aster

84. Cienfuegosia yucatanensis – yellow-hibiscus

85. Cissampelos pareira – Pareira brava

86. Cladonia perforata – Florida perforate cladonia

87. Cleistes bifaria – upland spreading pogonia

88. Cleistes divaricata – spreading pogonia

89. Clitoria fragrans – pigeon wings

90. Colubrina arborescens – greenheart

91. Colubrina cubensis – colubrina

92. Colubrina elliptica – soldierwood

93. Conradina brevifolia – short-leaved rosemary

94. Conradina etonia – Etonia rosemary

95. Conradina glabra – Apalachicola rosemary

96. Corallorhiza odontorhiza – autumn coralroot

97. Cordia globosa – Curacao bush

98. Coreopsis integrifolia – dye-flower

99. Cornus alternifolia – pagoda dogwood

100. Cranichis muscosa – moss orchid

101. Crataegus phaenopyrum – Washington thorn

102. Croomia pauciflora – croomia

103. Crotalaria avonensis – Avon Park harebells

104. Croton humilis – Canadian pepperbush

105. Cryptotaenia canadensis – honewort

106. Ctenitis sloanei – Florida tree fern/red-hair comb fern

107. Ctenitis submarginalis – brown-hair comb fern

108. Ctenium floridanum – Florida toothache grass

109. Cucurbita okeechobeensis – Okeechobee gourd

110. Cupania glabra – cupania

111. Cuphea aspera – tropical waxweed

112. Cynoglossum virginianum – wild comfrey

113. Cyperus floridanus – Florida flatsedge

114. Cyperus fuligineus – limestone flatsedge

115. Cyrtopodium punctatum – cowhorn or cigar orchid

116. Dalbergia brownei – Brown’s Indian rosewood

117. Dalea carthagenensis – Florida prairie clover

118. Deeringothamnus pulchellus – white squirrel-banana

119. Deeringothamnus rugelii – yellow squirrel-banana

120. Delphinium carolinianum – Carolina larkspur

121. Dennstaedtia bipinnata – cuplet fern

122. Desmodium ochroleucum – trailing tick-trefoil

123. Dicerandra christmanii – Christman’s mint

124. Dicerandra cornutissima – Robin’s mint

125. Dicerandra frutescens – Lloyd’s mint

126. Dicerandra immaculata – Olga’s mint

127. Dicerandra thinicola – Titusville balm

128. Digitaria pauciflora – Florida pineland crabgrass

129. Dirca palustris – leatherwood

130. Dodecatheon meadia – shooting-star

131. Dodonaea elaeagnoides – Keys hopbush

132. Drosera filiformis – dew-thread

133. Drypetes diversifolia – milkbark

134. Echinacea purpurea – purple coneflower

135. Eleocharis rostellata – beaked spikerush

136. Eltroplectris calcarata – spurred neottia

137. Encyclia boothiana – dollar orchid

138. Encyclia cochleata – Florida clamshell orchid

139. Encyclia pygmaea – dwarf epidendrum

140. Epidendrum acunae – Acuna’s epidendrum

141. Epidendrum anceps – dingy-flowered epidendrum

142. Epidendrum difforme – umbelled epidendrum

143. Epidendrum nocturnum – night-scented epidendrum

144. Epidendrum rigidum – rigid epidendrum

145. Epidendrum strobiliferum – matted epidendrum

146. Epigaea repens – trailing arbutus

147. Eragrostis tracyi – Sanibel lovegrass

148. Eriocaulon nigrobracteatum – dark-headed hatpins

149. Erigonum longifolium var. gnaphalifolium – scrub buckwheat

150. Ernodea cokeri – one-nerved ernodea

151. Eryngium cuneifolium – scrub eryngium

152. Erythronium umbilicatum – dimpled dogtooth-violet

153. Eugenia confusa – redberry eugenia

154. Eugenia rhombea – red stopper

155. Euonymus atropurpureus – burning bush

156. Eupatorium frustratum – Cape Sable thoroughwort

157. Eupatorium villosum – Keys thoroughwort

158. Euphorbia commutata – wood spurge

159. Euphorbia rosescens – scrub spurge

160. Euphorbia telephioides – spurge

161. Evolvulus convolvuloides – dwarf bindweed

162. Evolvulus grisebachii – Grisebach’s bindweed

163. Exostema caribaeum – Caribbean princewood

164. Forestiera godfreyi – Godfrey’s swamp privet

165. Fothergilla gardenii – dwarf witch-alder

166. Galactia smallii – Small’s milkpea

167. Galeandra beyrichii – helmet orchid

168. Gentiana pennelliana – wiregrass gentian

169. Geranium maculatum – wild geranium

170. Goodyera pubescens – downy rattlesnake orchid

171. Govenia utriculata – Gowen’s orchid

172. Guaiacum sanctum – lignum vitae

173. Guzmania monostachia – Fuch’s bromeliad

174. Gyminda latifolia – West Indian falsebox

175. Habenaria distans – distans habenaria

176. Halophila johnsonii – Johnson’s seagrass

177. Harperocallis flava – Harper’s beauty

178. Harrisia eriophora – Indian River prickly-apple

179. Harrisia gracilis – West coast prickly-apple

180. Hasteola robertiorum – Gulf hammock Indian-plantain

181. Helianthus carnosus – flatwoods sunflower

182. Heliotropium fruticosum – Key West heliotrope

183. Hepatica nobilis – liverleaf

184. Hexalectris spicata – crested coral-root

185. Hibiscus poeppigii – Poeppig’s rosemallow

186. Hippomane mancinella – manchineel

187. Hybanthus concolor – green violet

188. Hydrangea arborescens – wild hydrangea

189. Hymenocallis godfreyi – Godfrey’s spiderlily

190. Hymenocallis henryae – Mrs. Henry’s spiderlily

191. Hypelate trifoliata – inkwood

192. Hypericum cumulicola – Highlands scrub hypericum

193. Hypericum edisonianum – Edison ascyrum

194. Hypericum lissophloeus – smooth-barked St. Johns-wort

195. Illicium parviflorum – star anise

196. Indigofera keyensis – Keys’ indigo

197. Ionopsis utricularioides – delicate ionopsis orchid

198. Ipomoea microdactyla – wild-potato morning-glory

199. Ipomoea tenuissima – rocklands morning-glory

200. Isoetes appalachiana – Appalachian quillwort

201. Isoetes boomii – Boom’s quillwort

202. Isoetes hyemalis – winter quillwort

203. Isopyrum biternatum – false rue-anemone

204. Isotria verticillata – whorled pogonia

205. Jacquemontia havanensis – Havana clustervine

206. Jacquemontia pentantha – skyblue clustervine

207. Jacquemontia reclinata – beach jacquemontia

208. Juncus gymnocarpus – Coville’s rush

209. Justicia cooleyi – Cooley’s justicia

210. Justicia crassifolia – thick-leaved water-willow

211. Kosteletzkya depressa – white fenrose

212. Lantana canescens – hammock shrub verbena

213. Lantana depressa – pineland lantana

214. Lechea divaricata – spreading pinweed

215. Lechea lakelae – Lakela’s pinweed

216. Leiphaimos parasitica – parasitic ghostplant

217. Lepanthopsis melanantha – tiny orchid

218. Lepuropetalon spathulatum – little-people

219. Liatris gholsonii – Bluff’s blazing-star

220. Liatris ohlingerae – scrub blazing-star

221. Liatris provincialis – Godfrey’s blazing-star

222. Licaria triandra – licaria

223. Lilium iridollae – panhandle lily

224. Lilium michauxii – Carolina lily

225. Lilium superbum – Turk’s-cap lily

226. Lindera melissifolia – pondberry

227. Lindera subcoriacea – bog spicebush

228. Linum arenicola – sand flax

229. Linum carteri – Everglades flax

230. Linum macrocarpum – big-seed flax

231. Linum westii – West’s flax

232. Liparis nervosa – tall twayblade

233. Litsea aestivalis – pond-spice

234. Lobelia boykinii – Boykin’s lobelia

235. Lomariopsis kunzeana – climbing holly-fern

236. Lupinus aridorum – McFarlin’s lupine

237. Lycopodium dichotomum – hanging clubmoss

238. Lythrum curtissii – Curtis’ loosestrife

239. Lythrum flagellare – lowland loosestrife

240. Macbridea alba – white birds-in-a-nest

241. Macradenia lutescens – Trinidad macradenia

242. Macranthera flammea – hummingbird-flower

243. Magnolia acuminata – cucumber-tree

244. Magnolia ashei – Ashe’s magnolia

245. Magnolia pyramidata – pyramid magnolia

246. Magnolia tripetala – umbrella magnolia

247. Malaxis unifolia – green adder’s-mouth orchid

248. Marshallia obovata – Barbara’s buttons

249. Marshallia ramosa – Barbara’s buttons

250. Matelea alabamensis – Alabama spiny pod

251. Matelea baldwyniana – Baldwin’s spiny pod

252. Matelea flavidula – yellow-flowered spiny pod

253. Matelea floridana – Florida spiny pod

254. Matelea pubiflora – sandhill spiny pod

255. Maxillaria crassifolia – hidden orchid

256. Maxillaria parviflora – minnie-max

257. Medeola virginiana – Indian cucumber

258. Microgramma heterophylla – climbing vine fern

259. Minuartia godfreyi – Godfrey’s sandwort

260. Monotropa hypopithys – pine-sap

261. Monotropsis reynoldsiae – pygmy-pipes

262. Nemastylis floridana – celestial lily

263. Neurodium lanceolatum – ribbon fern

264. Nolina brittoniana – Britton’s bear-grass

265. Nymphaea jamesoniana – Jameson’s water lily

266. Ocimum campechianum – ocimum

267. Okenia hypogaea – burrowing four-o’clock

268. Oncidium bahamense – dancing-lady orchid

269. Oncidium floridanum – Florida oncidium

270. Oncidium luridum – mule-ear orchid

271. Ophioglossum palmatum – hand fern

272. Opuntia corallicola – semaphore cactus

273. Opuntia triacantha – Keys Joe-jumper

274. Orbexilum virgatum – pineland scurfpea

275. Oxypolis greenmanii – giant water-dropwort

276. Pachysandra procumbens – Allegheny-spurge

277. Panicum abscissum – cut-throat grass

278. Parnassia caroliniana – Carolina grass-of-Parnassus

279. Parnassia grandifolia – grass-of-Parnassus

280. Paronychia chartacea – papery whitlow-wort

281. Passiflora multiflora – white-flowered passionvine

282. Passiflora pallens – pineland passionvine

283. Passiflora sexflora – goat’s foot leaf

284. Pavonia paludicola – swampbush

285. Pellaea atropurpurea – hairy cliff-brake fern

286. Peperomia alata – winged peperomia

287. Peperomia amplexicaulis – clasping peperomia

288. Peperomia glabella – cypress peperomia

289. Peperomia humilis – peperomia

290. Peperomia magnoliifolia – spathulate peperomia

291. Peperomia obtusifolia – Florida peperomia

292. Peperomia rotundifolia – round peperomia

293. Pharus glaber – creeping leafstalk grass

294. Phoradendron rubrum – mahogany mistletoe

295. Phyla stoechadifolia – southern matchsticks

296. Phyllanthus leibmannianus – pine woods dainties

297. Physocarpus opulifolius – ninebark

298. Picramnia pentrandra – Florida bitterbush

299. Pilosocereus polygonus – Bahamian treecactus

300. Pilosocereus robinii – tree cactus

301. Pinguicula ionantha – Panhandle butterwort

302. Pinguicula primuliflora – primrose-flowered butterwort

303. Pisonia rotundata – devil’s smooth claws

304. Pithecellobium bahamense – Bahama blackbead

305. Pityopsis flexuosa – Florida golden-aster

306. Plantago rugelii – Rugel’s plantain

307. Platanthera chapmanii – Chapman’s fringed orchid

308. Platanthera clavellata – green rein orchid

309. Platanthera integra – orange rein orchid

310. Pleopeltis astrolepis – star-scaled fern

311. Pleurothallis gelida – frosted orchid

312. Podophyllum peltatum – mayapple

313. Poinsettia pinetorum – Everglades poinsettia

314. Polygala lewtonii – Lewton’s polygala

315. Polygala smallii – tiny polygala

316. Polygonella basiramia – tufted wireweed

317. Polygonella myriophylla – sandlace

318. Polygonum meisnerianum – Mexican tear-thumb

319. Polymnia laevigata – Tennessee leaf-cup

320. Polypodium dispersum – widespread polypody

321. Polypodium plumula – plume polypody

322. Polypodium ptilodon – swamp plume polypody

323. Polyrrhiza lindenii – ghost orchid

324. Polystachya concreta – pale-flowered polystachya

325. Ponthieva brittoniae – Mrs. Britton’s shadow witch

326. Potamogeton floridanus – Florida pondweed

327. Prescottia oligantha – small-flowered orchid

328. Prunus geniculata – scrub plum

329. Pseudophoenix sargentii – Sargent’s cherry palm

330. Psychotria ligustrifolia – Bahama wildcoffee

331. Ranunculus laxicaulis – Mississippi buttercup

332. Remirea maritima – beach-star

333. Rhexia parviflora – Apalachicola meadow-beauty

334. Rhipsalis baccifera – mistletoe cactus

335. Rhododendron alabamense – Alabama azalea

336. Rhododendron austrinum – Florida flame azalea

337. Rhododendron chapmanii – Chapman’s rhododendron

338. Rhus michauxii – Michaux’s sumac, presumed extirpated

339. Rhynchosia swartzii – Swartz’ snoutbean

340. Rhynchospora crinipes – hairy peduncled beakrush

341. Rhynchospora megaplumosa – hairy spikelet beakrush

342. Ribes echinellum – Miccosukee gooseberry

343. Roystonea elata – Florida royal palm

344. Rudbeckia auriculata – eared coneflower

345. Rudbeckia nitida – St. John’s-Susan

346. Rudbeckia triloba – a browneyed Susan

347. Ruellia noctiflora – night-flowering wild-petunia

348. Salix eriocephala – heart-leaved willow

349. Salix floridana – Florida willow

350. Salvia urticifolia – nettle-leaved sage

351. Sarracenia leucophylla – white-top pitcher-plant

352. Savia bahamensis – Bahama maidenbush

353. Schaefferia frutescens – Florida boxwood

354. Schisandra coccinea – bay star vine

355. Schizachyrium niveum – scrub bluestem

356. Schizachyrium sericatum – silky bluestem

357. Schizaea germanii – ray fern

358. Schoenolirion croceum – yellow sunnybell

359. Schwalbea americana – chaff-seed

360. Scleria lithosperma – Keys’ nutrush

361. Scutellaria floridana – Florida skullcap

362. Scutellaria havanensis – Havana skullcap

363. Selaginella eatonii – pygmy spikemoss

364. Setaria chapmanii – coral panic grass

365. Sideroxylon alachuense – Clark’s buckthorn

366. Sideroxylon lycioides – gopherwood buckthorn

367. Sideroxylon reclinatum spp. austrofloridense – Florida bully

368. Sideroxylon thornei – Thorne’s buckthorn

369. Silene caroliniana – Carolina catchfly

370. Silene polypetala – fringed pink

371. Silene regia – royal catchfly

372. Silene virginica – fire pink

373. Sphenomeris clavata – wedgelet fern

374. Sphenostigma coelestinum – Bartram’s ixia

375. Spigelia gentianoides – gentian pinkroot

376. Spigelia loganioides – Levy pinkroot

377. Spiranthes adnata – pelexia

378. Spiranthes brevilabris – small ladies’-tresses

379. Spiranthes costaricensis – Costa Rican ladies’-tresses

380. Spiranthes elata – tall neottia

381. Spiranthes ovalis – lesser ladies’-tresses

382. Spiranthes polyantha – Ft. George ladies’-tresses

383. Spiranthes torta – southern ladies’-tresses

384. Stachydeoma graveolens – mock pennyroyal

385. Stachys lythroides – hyssop-leaved hedgenettle

386. Stachys aspera – narrow-leaved betony

387. Staphylea trifolia – bladder nut

388. Stenanthium gramineum – eastern featherbells

389. Stewartia malacodendron – silky camellia

390. Strumpfia maritima – pride-of-Big-Pine

391. Stylisma abdita – Austin’s dawnflower

392. Stylosanthes calcicola – Everglades pencilflower

393. Symphoricarpos orbiculatus – coralberry

394. Symphyotrichum sericeum – western silver aster

395. Taxus floridana – Florida yew

396. Tectaria fimbriata – least halberd fern

397. Tephrosia angustissima – hoary pea

398. Thalictrum cooleyi – Cooley’s meadow rue

399. Thalictrum thalictroides – rue-anemone

400. Thelypteris grandis – Collier County maiden fern

401. Thelypteris patens – grid-scale maiden fern

402. Thelypteris reptans – creeping star-hair fern

403. Thelypteris reticulata – lattice-vein fern, cypress fern

404. Thelypteris sclerophylla – stiff star-hair fern

405. Thelypteris serrata – dentate lattice-vein fern

406. Thrinax radiata – Florida thatch palm

407. Tillandsia fasciculata – common or stiff-leaved wild-pine

408. Tillandsia pruinosa – fuzzy-wuzzy or hoary air-plant

409. Tillandsia utriculata – giant wild-pine

410. Torreya taxifolia – Florida torreya

411. Tournefortia hirsutissima – chiggery grapes

412. Trema lamarckiana – Lamarck’s trema

413. Trichomanes holopterum – entire-winged bristle fern

414. Trichomanes krausii – Kraus’s bristle fern

415. Trichomanes lineolatum – lined bristle fern

416. Trichomanes punctatum – Florida bristle fern

417. Trichostigma octandrum – hoop vine

418. Trillium lancifolium – lance-leaved wake-robin

419. Triphora craigheadii – Craigheads’s orchid

420. Triphora latifolia – wide-leaved triphora

421. Tropidia polystachya – young-palm orchid

422. Uvularia floridana – Florida merrybells

423. Vallesia antillana – tear shrub

424. Vanilla barbellata – worm-vine orchid

425. Vanilla dilloniana – Dillon’s vanilla

426. Vanilla mexicana – unscented vanilla

427. Vanilla phaeantha – leafy vanilla

428. Veratrum woodii – false hellebore

429. Verbena maritima – coastal vervain

430. Verbena tampensis – Tampa vervain

431. Verbesina heterophylla – diverseleaf crownbeard

432. Vicia ocalensis – Ocala vetch

433. Viola tripartita – yellow violet

434. Warea amplexifolia – clasping warea

435. Warea carteri – Carter’s mustard

436. Warea cuneifolia – Carolina pineland cress

437. Xanthorhiza simplicissima – yellow-root

438. Xylosma buxifolia – mucha-gente

439. Xyris isoetifolia – quillwort yellow-eyed-grass

440. Xyris longisepala – Karst pond yellow-eyed-grass

441. Xyris panacea – St. Marks yellow-eyed grass

442. Yucca gloriosa – moundlily yucca

443. Zanthoxylum americanum – prickly-ash

444. Zanthoxylum coriaceum – leathery prickly-ash

445. Zanthoxylum flavum – yellowheart

446. Zigadenus leimanthoides – coastal death camas

447. Ziziphus celata – scrub ziziphus

(b) Threatened Plant List. The following plants shall be included in the Threatened Plant List:

1. Acanthocereus pentagonus – barbed-wire cactus

2. Acoelorraphe wrightii – Everglades palm

3. Acrostichum aureum – golden leather fern

4. Agrimonia incisa – harvest-lice

5. Andropogon arctatus – pine-woods bluestem

6. Angadenia berteroi – pineland golden trumpet

7. Arnoglossum diversifolium – Indian-plantain

8. Asclepias viridula – green milkweed

9. Athyrium filix-femina – southern lady fern

10. Baptisia hirsuta – hairy wild-indigo

11. Baptisia simplicifolia – scare-weed

12. Bletia purpurea – pine-pink orchid

13. Byrsonima lucida – locust berry

14. Calamintha ashei – Ashe’s calamint

15. Calamintha dentata – toothed savory

16. Calamovilfa curtissii – Curtis’ sandgrass

17. Calopogon multiflorus – many-flowered grass-pink

18. Calyptranthes pallens – pale lidflower

19. Carex baltzellii – Baltzell’s sedge

20. Carex chapmanii – Chapman’s sedge

21. Chamaesyce pergamena – rocklands spurge

22. Chaptalia albicans – white sunbonnets

23. Chrysophyllum oliviforme – satin leaf

24. Coccothrinax argentata – silver palm

25. Coelorachis tuberculosa – piedmont joint grass

26. Conradina grandiflora – large-flowered rosemary

27. Crossopetalum ilicifolium – Christmas berry

28. Crossopetalum rhacoma – rhacoma

29. Cynanchum blodgettii – Blodgett’s swallowwort

30. Digitaria dolichophylla – Caribbean crabgrass

31. Drosera intermedia – water sundew

32. Drypetes lateriflora – Guiana plum

33. Erithalis fruticosa – blacktorch

34. Eulophia ecristata – non-crested eulophia

35. Garberia heterophylla – garberia

36. Gossypium hirsutum – wild cotton

37. Harisella porrecta – threadroot orchid

38. Hartwrightia floridana – hartwrightia

39. Hexastylis arifolia – heartleaf wild ginger

40. Ilex amelanchier – serviceberry holly

41. Ilex krugiana – Krug’s holly

42. Jacquemontia curtissii – pineland jacquemontia

43. Jacquinia keyensis – joewood

44. Kalmia latifolia – mountain laurel

45. Lachnocaulon digynum – Panhandle bogbuttons

46. Lechea cernua – scrub pinweed

47. Leitneria floridana – corkwood

48. Lilium catesbaei – Catesby lily

49. Listera australis – southern twayblade

50. Lobelia cardinalis – cardinal flower

51. Lupinus westianus – Gulfcoast lupine

52. Malus angustifolia – crabapple

53. Manilkara jaimiqui – wild dilly

54. Marsilea ancylopoda – water cover

55. Matelea gonocarpos – angle pod

56. Maytenus phyllanthoides – Florida mayten

57. Melanthera parvifolia – small-leaved melanthera

58. Myrcianthes fragrans – Simpson’s stopper

59. Najas filifolia – slender naiad

60. Nephrolepis biserrata – giant sword fern

61. Nolina atopocarpa – Florida beargrass

62. Opuntia stricta – shell mound prickly-pear

63. Panicum nudicaule – naked-stemmed panic grass

64. Phoebanthus tenuifolius – pineland false sunflower

65. Physostegia godfreyi – Apalachicola dragonhead

66. Pinckneya bracteata – fever-tree

67. Pinguicula caerulea – blue-flowered butterwort

68. Pinguicula lutea – yellow-flowered butterwort

69. Pinguicula planifolia – swamp butterwort

70. Pithecellobium keyense – Keys’ blackbead

71. Platanthera blephariglottis – white-fringed orchid

72. Platanthera ciliaris – yellow-fringed orchid

73. Platanthera cristata – crested fringed orchid

74. Platanthera flava – gypsy-spikes

75. Platanthera nivea – snowy orchid

76. Pogonia ophioglossoides – rose pogonia

77. Polygonella macrophylla – large-leaved jointweed

78. Prunus myrtifolia – West Indian cherry

79. Psidium longipes – mangrove berry

80. Pteris bahamensis – Bahama ladder brake fern

81. Pycnanthemum floridanum – Florida mountain-mint

82. Quercus arkansana – Arkansas oak

83. Reynosia septentrionalis – Darling plum

84. Rhexia salicifolia – Panhandle meadow beauty

85. Rhynchosia parvifolia – small-leaf snoutbean

86. Rhynchospora stenophylla – narrow-leaf beakrush

87. Sachsia bahamensis – Bahama sachsia

88. Sarracenia minor – hooded pitcher plant

89. Sarracenia psittacina – parrot pitcher plant

90. Sarracenia purpurea – decumbent pitcher plant

91. Sarracenia rubra – red-flowered pitcher plant

92. Scaevola plumieri – inkberry

93. Senna mexicana – Chapman’s sensitive plant

94. Smilax havanensis – Everglades greenbrier

95. Solanum donianum – mullein nightshade

96. Spermacoce neoterminalis – false buttonweed

97. Spiranthes laciniata – lace-lip ladies’ tresses

98. Spiranthes longilabris – long-lip ladies’ tresses

99. Spiranthes tuberosa – little pearl-twist

100. Stenorrhynchos lanceolatum – leafless beaked orchid

101. Swietenia mahagoni – West Indian mahogany

102. Tectaria heracleifolia – broad halberd fern

103. Tephrosia mohrii – pineland hoary-pea

104. Tetrazygia bicolor – tetrazygia

105. Thelypteris augescens – abrupt-tipped maiden fern

106. Thrinax morrisii – brittle thatch palm

107. Tillandsia balbisiana – inflated and reflexed wildpine

108. Tillandsia flexuosa – twisted or banded air plant

109. Tillandsia valenzuelana – soft-leaved wildpine

110. Tipularia discolor – crane-fly orchid

111. Tragia saxicola – rocklands noseburn

112. Triphora trianthophora – three-birds orchid

113. Tripsacum floridanum – Florida tripsacum

114. Verbesina chapmanii – Chapman’s crownbeard

115. Xyris scabrifolia – Harper’s yellow-eyed grass

116. Zephyranthes atamasca – rainlily

117. Zephyranthes simpsonii – Simpson’s zephyr-lily

118. Zephyranthes treatiae – Treat’s zephyr-lily

(c) Commercially Exploited Plant List – The following plants shall be included in the Commercially Exploited Plant List:

1. Encyclia tampensis – butterfly orchid

2. Epidendrum conopseum – green-fly orchid

3. Lycopodium cernuum – nodding club-moss

4. Osmunda cinnamomea – cinnamon fern

5. Osmunda regalis – royal fern

6. Rhapidophyllum hystrix – needle palm

7. Rhododendron canescens – pink azalea

8. Serenoa repens – saw palmetto

9. Zamia spp. – coontie; all native species

(2) Adherence to section 4 of the Endangered Species Act: The Endangered Species Act (1973 as amended) promulgated by the United States Congress classifies species of plants as endangered or threatened and places certain limitations on removal of these plants from the wilds:

(a) Those plants listed as endangered under Section 4 of the Federal Endangered Species Act of 1973 as amended are restricted in movement and handling under this rule to conform with the regulations of the Endangered Species Act and with the rules and regulations of the United States Department of the Interior regarding endangered plants. The names of plant species on the federal list below may differ from the names listed in subsection 5B-40.0055(1), F.A.C.; therefore in those instances, Florida’s reference is in parentheses. Those plants listed as endangered on the federal list, and known to be established in Florida, are:

1. Amorpha crenulata – Miami lead plant

2. Asimina tetramera – scrub pawpaw, four-petal pawpaw

3. Brickellia moseieri – Bruckell bush

4. Campanula robinsiae – Chinsegut bellflower

5. Cereus eriophorus (Harrisia eriophora) – fragrant prickly-apple

6. Chamaecrista lineata var. keyensis (Cassia keyensis) – Key cassia

7. Chamaesyce deltoidea – Rockland spurge

8. Chionanthus pygmaeus – pygmy fringe-tree

9. Chromolaena frustrata – (Eupatorium frustratum) – Cape Sable thoroughwort

10. Chrysopsis floridana – Florida’s golden-aster

11. Cladonia perforata – Florida perforate cladonia

12. Conradina brevifolia – Short-leaved rosemary

13. Conradina etonia – Etonia rosemary

14. Conradina glabra – Apalachicola rosemary

15. Consolea corallicola (Opuntia corallicola) – semaphore cactus

16. Crotalaria avonensis – Avon Park harebells

17. Cucurbita okeechobeensis ssp. Okeechobeensis (Cucurbita okeechobeensis) – Okeechobee gourd

18. Dalea carthagenensis – Florida prairie clover

19. Deeringothamnus pulchellus – white squirrel-banana

20. Deeringothamnus rugelii – yellow squirrel-banana

21. Dicerandra christmanii – Christman’s mint

22. Dicerandra cornutissima – Robin’s mint

23. Dicerandra frutescens – Lloyd’s mint

24. Dicerandra immaculata – Olga’s mint

25. Eryngium cuneifolium – scrub eryngium

26. Galactia smallii – Small’s milkpea

27. Harperocallis flava – Harper’s beauty

28. Harrisia aboriginum (Harrisia gracilis) – aboriginal prickly-apple

29. Hypericum cumulicola – Highlands scrub hypericum

30. Jacquemontia reclinata – beach jacquemontia

31. Justicia cooleyi – Cooley’s justicia

32. Liatris ohlingerae – scrub blazing star

33. Lindera melissifolia – pondberry

34. Linum arenicola – sand flax

35. Linum carteri – Everglades flax

36. Lupinus aridorum – McFarlin’s lupine

37. Nolina brittoniana – Britton’s beargrass

38. Pilocereus robinii – tree cactus

39. Polygala lewtonii – Lewton’s polygala

40. Polygala smallii – tiny polygala

41. Polygonella basiramia – tufted wireweed

42. Polygonella myriophylla – sandlace

43. Prunus geniculata – scrub plum

44. Rhododendron chapmanii – Chapman’s rhododendron

45. Rhus michauxii – Michaux’s sumac

46. Schwalbea americana – chaff seed

47. Silene polypetala – fringed pink

48. Spigelia gentianoides – gentian pinkroot

49. Thalictrum cooleyi – Cooley’s meadow rue

50. Torreya taxifolia – Florida torreya

51. Trichomanes punctatum spp. floridanum (Trichomanes punctatum) – Florida bristle fern

52. Warea amplexifolia – clasping warea

53. Warea carteri – Carter’s mustard

54. Ziziphus celata – scrub ziziphus

(b) Those plants listed as threatened under Section 4 of the Federal Endangered Species Act of 1973 as amended are restricted in movement and handling under this rule to conform with the regulations of the Endangered Species Act and with the rules and regulations of the United States Department of the Interior regarding threatened plants. The names of plant species on the federal list below may differ from the names listed in subsection 5B-40.0055(1), F.A.C.; therefore in those instances, Florida’s reference is in parentheses. Those plants listed as threatened on the federal list, and known to be established in Florida, are:

1. Argythamnia blodgettii – Blodgett’s wild-mercury

2. Bonamia grandiflora – Florida bonamia

3. Chamaesyce garberi – Garber’s spurge

4. Clitoria fragrans – pigeon wings

5. Digitaria pauciflora – Florida pineland crabgrass

6. Eriogonum longifolium var. gnaphalifolium – scrub buckwheat

7. Euphorbia telephioides – Telephus spurge

8. Halophila johnsonii – Johnson’s seagrass

9. Macbridea alba – white birds-in-a-nest

10. Paronychia chartacea – papery whitlow-wort

11. Pinguicula ionantha – Godfrey’s butterwort

12. Ribes echinellum – Miccosukee gooseberry

13. Scutellaria floridana – Florida skullcap

14. Sideroxylon reclinatum ssp. austrofloridense – Florida bully

History

• Rulemaking Authority 570.07(23), 581.185 FS. Law Implemented 570.07(13), 581.185 FS. History–New 12-3-91, Amended 9-20-93, 5-21-96, 12-10-96, 1-7-98, 10-5-98, 9-20-00, 2-13-03, 4-22-04, 8-20-15, 5-19-16, 11-16-17, 7-17-18, 1-8-20.

Fla. Admin. Code R. 5B-40.0056 Procedures for Amending the Regulated Plant Index

(1) The department shall consider the recommendations of the general public and the recommendations of the Endangered Plant Advisory Council in the listing or deleting of plant species from the Regulated Plant Index. Proposals for listing or deleting plants and comments on these proposals must be submitted to the department in writing and shall be considered in open meetings of the Endangered Plant Advisory Council. All proposed listings, deletions, or changes in listing status shall be based on the results of recommendations made by filing a completed Ranking System for Plant Species of Potential Special Concern, FDACS-08422, Revised 10/14, incorporated herein by reference, and which may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05664.

(2) The Endangered Plant Advisory Council shall meet at least once annually upon the call of the chairman or department. Endangered Plant Advisory Council meetings will be announced in the Florida Administrative Register. Notice of council meetings will be mailed to all interested parties whose names and addresses are provided to the department. An opportunity for the public to comment or present data orally or in writing will be provided during the council meetings. All comments shall be considered during the deliberations of the council and shall become part of the minutes of the council meeting.

History

• Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History–New 3-16-92, Amended 9-20-00, 8-20-15.

Fla. Admin. Code R. 5B-40.006 Certificate

History

• Rulemaking Authority 570.07(23), 581.185(1)(c) FS. Law Implemented 581.07(13), 581.131, 581.185 FS. History–New 3-6-80, Formerly 5B-40.06, Repealed 1-31-88.

Fla. Admin. Code R. 5B-40.007 Entry Upon Property

History

• Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 581.07(13), 581.185 FS. History–New 3-6-80, Formerly 5B-40.07, Amended 1-31-88, Repealed 7-5-95.

Fla. Admin. Code R. 5B-40.008 Investigating Suspected Violations, Preservation of Endangered, Commercially Exploited and/or Threatened Plants Involved, and Reporting Suspected Violations

Upon any suspected violation of this chapter, any authorized representative of the department shall be empowered to:

(1) Request identification of the person involved and vehicles utilized in the transportation of the endangered, commercially exploited, and/or threatened plants as well as information on the origin and destination of such plants.

(2) Take an inventory of the endangered, commercially exploited, and/or threatened plants involved.

(3) Take temporary possession of the endangered, commercially exploited, and/or threatened plants awaiting appropriate documentation. If the appropriate documentation is not presented within 30 days from the date of confiscation, the plants shall become the property of the department and shall be donated to a not-for-profit organization as outlined in subsection 5B-40.008(6), F.A.C. Perishable commodities (fruit or berries) will not be maintained during this period.

(4) Endangered, commercially exploited, and/or threatened plants being harvested or moved in suspected violation of this chapter shall be maintained in a viable condition by the person having possession until action is taken to allow movement or the plants in question are confiscated.

(5) Endangered, commercially exploited, and/or threatened plants that legally become the property of the department shall be donated to a not-for-profit organization such as a botanical garden or state park for preservation purposes. Such donations shall be documented by the department.

(6) Pursuant paragraph 581.189(5)(b), F.S., law enforcement agencies that seize unlawfully harvested saw palmetto berries shall annually submit information regarding the quantity and description of berries seized, as well as the location from where they were harvested, if known. This information must be submitted to the department by email to DPI-Permits@FDACS.gov.

(7) Any permit that has been issued shall be withdrawn by an authorized representative of the department if it is determined that the holder thereof has not complied with any condition for the use of the document. The reasons for the withdrawal shall be confirmed in writing and shall provide notice of the right to an administrative hearing in accordance with Sections 120.569 and 120.57, F.S.

History

• Rulemaking Authority 570.07(23), 581.185(4), 581.189(5), (9) FS. Law Implemented 570.07(13), 581.185(9), 581.189(5), (9) FS. History–New 3-6-80, Formerly 5B-40.08, Amended 1-31-88, 9-20-93, 9-20-00, 8-20-15, 1-8-20, 3-6-25.

Fla. Admin. Code R. 5B-40.009 Penalties for Violations

History

• Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 581.141, 581.211 FS. History–New 1-31-88, Amended 1-31-88, Repealed 7-5-95.

Fla. Admin. Code R. 5B-40.010 Endangered and Threatened Native Flora Conservation Grants Program

(1) The Division of Plant Industry shall be responsible for the administration of all aspects of the Endangered and Threatened Native Flora Conservation Grants Program, including the application process, the award of grant funds, and the monitoring of awarded grants to completion.

(2) Source of Grant Funds. The Division of Plant Industry shall award grants from funds appropriated by the Florida Legislature or contributed from any other public or private source as approved by the department, pursuant to Section 585.185, F.S., and rule Chapter 5B-40, F.A.C.

(3) Activities Eligible for Funding.

(a) Activities which are eligible to receive Endangered and Threatened Native Flora Conservation grant funding are activities which provide recognition of those native flora to the state that are endangered and threatened; and activities that encourage the protection, curation, propagation, reintroduction, and monitoring of native flora that are identified as endangered or threatened.

(b) Activities eligible to receive state funds shall be supported with additional matching funds documented by the applicant.

(4) Application Requirements.

(a) Applications for grants from the Endangered and Threatened Native Flora Conservation Grants Program shall be signed by the person or persons with legal authority to obligate the applicant and shall be made on an Endangered and Threatened Native Flora Conservation Grants Application FDACS-08271, Revised 10/14, incorporated herein by reference, and which may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05663.

(b) Applications designed as joint proposals involving more than one entity will be eligible only if all entities requesting funding individually meet the definition of eligible applicant.

(c) The division shall reserve the right to request additional information on, or clarification of, any application which is submitted. Such requests shall be made to the applicant by letter, or by telephone call confirmed by letter, within 30 days of receipt of the application by the division and shall indicate the date of the public council meeting for which the information or clarification is needed.

(d) Applications shall be submitted to the division to the attention of the Endangered and Threatened Native Flora Grants Program and shall include the original and ten copies.

(e) The division shall annually publish a notification of grant application deadlines in the Florida Administrative Register. This notification shall include a mailing address and telephone number through which application forms and additional information may be obtained.

(5) Application Review.

(a) Upon receipt of grant applications, the division shall review each application for completeness and eligibility according to the deadline for which it is intended. Each application shall be given an application number.

(b) The division shall send to each member of the council a copy of each eligible application for members to review all applications prior to the council convening in a public meeting for the purpose of considering the same applications.

1. The division shall indicate to the council members an opinion as to whether or not the applicant and project are eligible for funding.

2. The division shall make the council aware of any additional information or clarification requested from an applicant.

(c) The council shall convene in a public meeting to review and evaluate all eligible applications for Endangered and Threatened Native Flora Grants Program funding.

1. The council shall meet to consider applications for grant assistance on or before November 30 of each year.

2. The division shall publish a notification in the Florida Administrative Register the time and place of the meeting and where a copy of the agenda may be obtained.

(d) The council shall evaluate each application on the basis of the proposed project, the prospective grantee, and the public purpose of the project. The applicant must successfully document that it meets the evaluation standards specified in the Endangered And Threatened Native Flora Conservation Grants Application, FDACS-08271, Revised 10/14.

(e) The council shall develop a priority listing of all project applications by ranking each project relative to the others and shall recommend funding levels and any appropriate special conditions for each individual project.

(f) The recommendations of the council shall be submitted by the division to the commissioner for concurrence and approval and shall include a ranking of each project and recommended funding levels.

(g) The division shall prepare a final priority listing of all project applications with an associated funding level, (including any appropriate special conditions for each individual project), and shall notify all applicants in writing of the final decision on the priority order and funding level of their respective project applications.

(h) The department shall submit the final priority listing of all recommended projects along with recommended funding levels to the Governors Office of Planning and Budgeting, the Speaker of the House, the President of the Senate, and respective Chairman of the House and Senate appropriations committees.

(i) Upon receipt of legislative appropriations for the Endangered and Threatened Native Flora Grants Program, grant funds shall be awarded in accordance with the final priority listing of applications considered for grant assistance unless otherwise provided by the Legislature.

(6) Grant Award Contract.

(a) All grant awards which have been approved in accordance with subsection 5B-40.010(5), F.A.C., of this rule shall be made by formal grant award contract.

(b) The grant award contract shall be prepared by the division and shall contain by reference all regulations, rules, and other conditions governing the grant award. No other requirements shall be imposed upon the grantee by the division except in accordance with any subsequent contract amendment authorized by the division.

(c) The grant award contract shall include the following specific provisions:

1. Grantee shall meet the definition of eligible applicant.

2. Identification of the project by name and by project number assigned by the division.

3. A statement of the maximum amount of grant funds allocated to the project.

4. A description of the scope and nature of the project work for which grant assistance is authorized.

5. A statement of the format, schedule, and information content of project progress reports to be submitted to the division.

6. A statement of all applicable accounting and audit requirements.

(d) The department is authorized to award grant funds in advance for programs for which grants are issued.

(7) Accounting Requirements.

(a) Each grant recipient shall cause an annual postaudit to be conducted by an independent certified public accountant. The annual audit report must be submitted to the department for review.

(b) The grantee shall maintain an accounting system which provides for a complete record of the use of all funds connected with the grant. This accounting system shall provide for:

1. Accurate, current, and complete disclosure of the financial results of the grant.

2. Records that adequately identify the sources and application of funds for all activities related to the grant.

3. Accounting records that are supported by source documentation. These records shall be retained for a period of three years after the end of the grant period and longer if any litigation pertaining to the grant is initiated during the three year period following the grant.

(8) Termination.

(a) Unless awarded otherwise, project grants shall be terminated by the final disbursement of allocated funds following satisfactory completion of the project work.

(b) The division shall reserve the right to terminate the project grant for failure of the grantee to comply with the provisions of the grant award contract.

(c) Funds remaining in any grant allocation as a result of early termination of a project grant or from completion of the project at less than anticipated costs shall revert to the division.

History

• Rulemaking Authority 570.07(23), 581.185(11) FS. Law Implemented 570.07(13), 581.185(11) FS. History–New 1-7-98, Amended 10-5-98, 9-20-00, 8-20-15.

Chapter 5B-43 PHYTOPHAGOUS SNAILS AND SLUGS

Fla. Admin. Code R. 5B-43.001 Definitions

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

(1) “Approved solid waste facility” means a facility permitted by the Florida Department of Environmental Protection as a Class I landfill.

(2) “Area of concern” means any state or portion thereof infested with or exposed to infestation by plant-feeding snails or slugs, which may be determined by the Department to be injurious to Florida agriculture.

(3) “Infested” means actually harboring a plant-feeding snail or slug or so exposed to infestation by a plant-feeding snail or slug that it is reasonable to believe that an infestation could exist.

(4) “Inspector” means an employee of any state or county regulatory agency authorized by said agency to enforce plant regulations, conduct inspections, and certify regulated articles.

(5) “Interstate movement” means movement from Florida to another state or from another state to Florida.

(6) “Intrastate movement” means movement within the State of Florida.

(7) “Master permit” means an official document issued by the Department allowing entry of regulated articles from an area of concern and defining the articles being moved, as well as specific instructions regarding inspection, certification, and movement of the articles.

(8) “Phytophagous” means feeding on plants.

(9) “Regulated articles” means plants, plant parts, yard waste, and any other article capable of transporting or harboring plant-feeding snails and slugs.

(10) “Shipment or shipments” means the products to be transferred or moved or the act or process of transferring or moving products from one point to another.

(11) “Slug” means a member of the biological Phylum Mollusca of the Class Gastropoda characterized by lacking a shell or having a greatly reduced calcareous shield covering the visceral lump.

(12) “Snail” means a member of the biological Phylum Mollusca of the Class Gastropoda characterized by a calcareous shell covering the visceral lump.

(13) “Suppressive area” means an area where an attempt is being made to eradicate or suppress plant pest populations.

History

• Rulemaking Authority 570.07(23), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (15), (17), (20), (30), 581.101, 581.161, 581.181 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.01, Amended 2-11-87, 8-10-25.

Fla. Admin. Code R. 5B-43.002 Purpose of Chapter

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(4), (15), (16), (20) FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.02, Repealed 8-10-25.

Fla. Admin. Code R. 5B-43.003 Snails and Slugs Injurious to Florida Agriculture

The following snails and slugs established in the United States shall be considered injurious to Florida agriculture, and entry into or distribution within the state is prohibited. This prohibition includes live plant-feeding snails and slugs in all stages of development, intended for consumption or for any other purpose. Snails and slugs that are dead and packaged for sale are exempt from the provisions of this chapter.

(1) Snails.

(a) Cornu aspersum (brown garden snail)

(b) Lissachatina spp. (giant African snail)

(c) Otala lactea (milk snail)

(d) Theba pisana (white garden snail)

(2) Slugs.

(a) Deroceras reticulatum (gray garden slug)

(b) Veronicella cubensis (Cuban slug)

(c) Veronicella sloanei (pancake slug)

(3) Any other plant-feeding snail or slug that is declared to be a plant pest Department order or rule.

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(6) FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.03, Amended 8-10-25.

Fla. Admin. Code R. 5B-43.004 Quarantine Area

(1) A minimum of 0.5-mile radius area around any prohibited snail or slug detection shall be quarantined upon finding evidence of a breeding population.

(2) It shall be unlawful to move any prohibited snail or slug or regulated article within, through, or from a quarantine area unless in accordance with Rule 5B-43.005, F.A.C.

(3) An area shall be released from quarantine following a declaration that the prohibited snail or slug has been eradicated.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7), (17) FS. Law Implemented 570.35(5), 581.031(6), (7), (15), (17), (20), 581.101, 581.161, 581.181 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.04, Amended 8-10-25.

Fla. Admin. Code R. 5B-43.005 Movement of Regulated Articles

The movement of plant-feeding snails or slugs as described in Rule 5B-43.003, F.A.C., or regulated articles into the State of Florida from an area of concern is prohibited unless such shipments are made in accordance with the provisions of this chapter. Plant-feeding snails or slugs may enter the State of Florida for research purposes under a permit issued by the Department. Persons seeking a permit 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.

(1) Provisions for the movement of regulated articles associated with plant-feeding snails and slugs into Florida follows:

(a) Regulated articles from an area of concern may enter Florida under a master permit issued by the Department. Master Permit for Shipping Regulated Articles Free of Phytophagous Snails and Slugs, FDACS-08413, 02/25, is incorporated herein by reference and available on the Department’s website at FDACS.gov/Forms or a sample can be viewed at http://flrules.org/Gateway/reference.asp?No=Ref-18246. The master permit shall grant permission to the state of origin department of agriculture to authorize firms to ship regulated articles into Florida subject to the requirements and conditions of the master permit; or

(b) Regulated articles from an area of concern may enter Florida, provided each shipment is accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that regulated articles contained in the shipment were inspected by an authorized inspector of the state of origin, and found to be free of plant-feeding snails and slugs as listed in Rule 5B-43.003, F.A.C.

(c) Shipments of regulated articles arriving in Florida in violation of this chapter shall be refused entry and returned to the shipper or destroyed at the discretion of the Department.

(d) Shipments of regulated articles certified within this chapter that enter Florida and are infested with plant-feeding snails or slugs as listed in Rule 5B-43.003, F.A.C., shall be returned to the shipper or destroyed at the discretion of the Department. Shipments of regulated articles from the same shipper who has been in violation of this chapter shall be refused entry into Florida until the Department and the state of origin department of agriculture agree shipping may resume. In addition, notification from the plant regulatory officials of the state of origin must be received by the Department that the shipper has taken measures to prevent further shipments of plant-feeding snail or slug-infested regulated articles into the state.

(e) Non-commercial shipments of house plants that are part of a passenger’s baggage or household effects may enter the state provided each shipment is accompanied by a certificate issued by and bearing the signature of an authorized inspector of the state of origin, certifying that regulated articles contained in the shipment were inspected by an authorized inspector of the state of origin, and found to be free of plant-feeding snails or slugs as listed in Rule 5B-43.003, F.A.C. Should the plants originate from a state that does not offer an inspection and certification service for house plants, the owner must provide the Department with a Florida address where the plants will be located for the purpose of a follow-up inspection if deemed necessary. An Interdiction Station Report of Non-Commercial Plants Or Firewood Without Certification in Transit from Other States, FDACS-08105, Rev. 05/20, as incorporated in Rule 5B-65.005, F.A.C., shall be completed on each shipment that is allowed entry.

(2) Compliance agreements. The certification of handling, processing, treating, and moving of regulated articles may be accomplished through one of the following compliance agreements. These documents are incorporated herein by reference and available by emailing PlantIndustry@FDACS.gov. or a sample can be viewed online as indicated.

(a) Compliance Agreement Phytophagous Snails and Slugs, FDACS-08080, 02/25, http://flrules.org/Gateway/reference.asp?No=Ref-18245.

(b) Compliance Agreement / Phytophagous Snails and Slugs Solid Waste Facilities / Commercial Trash Haulers, FDACS-08487, Rev. 02/25, http://flrules.org/Gateway/reference.asp?No=Ref-18247.

(c) Compliance Agreement / Phytophagous Snails and Slugs / Landscaping and Lawn Maintenance Facilities, FDACS-08488, Rev. 02/25, http://flrules.org/Gateway/reference.asp?No=Ref-18248.

(3) It shall be unlawful to move any prohibited snails or slugs or other regulated articles within, through, or out of the quarantine area unless in compliance with this chapter and authorized by the Department.

(4) Any regulated articles offered for sale or distribution within the quarantine area that are not in compliance with Rule 5B-43.005, F.A.C. shall be considered infested and:

(a) Shall be confiscated, held, and destroyed by the Department at the expense of the vendor or person having possession of the regulated articles upon issuance of a Hold Order and Quarantine, FDACS-08016, Rev. 02/15, incorporated by reference in subsection 5B-65.005(2), F.A.C.; or

(b) Shall be voluntarily destroyed by the vendor or person having possession of regulated articles pursuant to a Hold Order and Quarantine, FDACS-08016, Rev. 02/15, incorporated by reference in subsection 5B-65.005(2), F.A.C.

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (4), (5), (7), (17) FS. Law Implemented 581.031(6), (7), (9), (15), (17), (20), (26), (30) 581.083, 581.101, 581.161, 581.181 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.05, Amended 2-11-87, 3-28-00, 8-10-25, Technical Change 5-22-26.

Fla. Admin. Code R. 5B-43.007 International Regulations

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031(20), 581.083, 581.101 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.07, Repealed 8-10-25.

Fla. Admin. Code R. 5B-43.008 Regulated Articles

History

• Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(7), (9), (23), 581.101 FS. History–New 6-15-81, Formerly 5B-43.08, Repealed 8-18-85.

Fla. Admin. Code R. 5B-43.009 Areas of Concern

The following states in which plant-feeding snails or slugs, as described in Rule 5B-43.003, F.A.C., are known to be established shall be known as areas of concern:

(1) Arizona.

(2) California.

(3) Hawaii.

(4) New Mexico.

(5) Oregon.

(6) Texas.

(7) Washington.

History

• Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(7), (8) FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.09, Amended 2-11-87, 3-28-00, 8-10-25.

Fla. Admin. Code R. 5B-43.010 Conditions Governing the Intrastate Movement of Regulated Articles

History

• Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 570.15, 581.031(7), (9), (21), 581.101, 581.111 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.10, Repealed 6-4-95.

Fla. Admin. Code R. 5B-43.011 Cancellations and Suspensions

Cancellations and Suspensions. Master permits issued for the movement of regulated articles may be withdrawn or cancelled by the Department for any violation of this chapter and issuance of additional certificates for the movement of such articles may be suspended by the Department whenever it is determined that the use of such certificates could result in the introduction of a snail or slug described in Rule 5B-43.003, F.A.C.

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(8), (11), (21), 581.121, 581.141 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.11, Amended 2-11-87, 3-28-00, 8-10-25.

Fla. Admin. Code R. 5B-43.012 Entry of Authorized Representatives Upon Properties

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 570.15, 581.031(4), (5), (15) FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.12, Repealed 6-4-95.

Fla. Admin. Code R. 5B-43.013 Penalties for Violation

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.141, 581.211 FS. History–New 6-15-81, Formerly 5B-43.13, Repealed 8-10-25.

Fla. Admin. Code R. 5B-43.006 Intrastate Regulations

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031(6), (15), 581.083, 581.101 FS. History–New 6-15-81, Amended 8-18-85, Formerly 5B-43.06, Repealed 6-4-95.

Chapter 5B-44 NEMATODES OF CITRUS

Fla. Admin. Code R. 5B-44.001 Definitions

History

• Rulemaking Authority 570.07(23), 581.031 FS. Law Implemented 581.031 FS. History–New 6-15-81, Formerly 5B-44.01, Amended 6-15-87, 6-4-95, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.002 Purpose of Chapter

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031, 581.101, 581.111 FS. History–New 6-15-81, Formerly 5B-44.02, Amended 6-15-87, 6-4-95, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.003 Injurious Nematodes of Citrus

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(6) FS. History–New 6-15-81, Formerly 5B-44.03, Amended 6-15-87, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.004 Designation of Regulated Articles

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(7) FS. History–New 6-15-81, Formerly 5B-44.04, Amended 6-15-87, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.008 Movement of Regulated Articles

History

• Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(7), (9), (23) FS. History–New 6-15-81, Formerly 5B-44.08, Amended 6-15-87, 6-4-95, 6-12-00, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.0113 Requirements for Citrus Nursery Site Approval

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(6) FS. History–New 6-15-87, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.0116 Requirements for Nematode (BN) Certification of Regulated Articles

History

• Rulemaking Authority 570.07(23), 581.032(1), (5) FS. Law Implemented 581.031(16), (17) FS. History–New 6-15-87, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.0118 Requirements for Soil Pit Approval

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(6) FS. History–New 6-15-87, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.0125 Disposition of Citrus Nursery Sites and Regulated Articles Including Citrus Nursery Stock

History

• Rulemaking Authority 570.07(23), 581.031(1), (5), (6) FS. Law Implemented 581.031 FS. History–New 6-15-87, Repealed 7-10-07.

Fla. Admin. Code R. 5B-44.0135 Requirements for Utility and Road Construction

History

• Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(5) FS. History–New 6-15-87, Repealed 7-10-07.

Chapter 5B-52 PINK BOLLWORM

Fla. Admin. Code R. 5B-52.001 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) “Cotton” means all members of the genus Gossypium in the family Malvaceae, including any parts thereof.

(b) “Kenaf” means the plant known as African hibiscus, Hibiscus cannabinus L., including any parts thereof.

(c) “Noncommercial” means cotton or kenaf intended for purposes other than processing.

(d) “Pink bollworm” means all life stages of the insect known as pink bollworm, Pectinophora gossypiella (Saunders), which is a pest of cotton, classified in the order Lepidoptera, family Gelechiidae.

(e) “Regulated area” means Florida or any portion thereof including any county, precinct, city, and other minor civil division designated by rule or order of the Department as an area regulated due to the presence of pink bollworm.

(2) The purpose of this rule chapter is to establish procedures for the production and movement of cotton or kenaf within the State of Florida.

History

• Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8) FS. Law Implemented 581.031, 581.101 FS. History–New 12-21-87, Amended 6-20-00, 11-2-20, 12-28-25.

Fla. Admin. Code R. 5B-52.002 Purpose

History

• Rulemaking Authority 570.07(23) FS., Section 3(2), Chapter 87-55, Laws of Florida. Law Implemented Chapter 87-55, Laws of Florida. History–New 12-21-87, Repealed 11-2-20.

Fla. Admin. Code R. 5B-52.003 Declaration of Boll Weevil as a Plant Pest

History

• Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 593.103(2), (5) FS. History–New 12-21-87, Amended 7-5-95, Repealed 11-2-20.

Fla. Admin. Code R. 5B-52.004 Notice of Quarantine

History

• Rulemaking Authority 570.07(23) FS. Section3(2), Chapter 87-55, Laws of Florida. Law Implemented Chapter 87-55, Laws of Florida. History–New 12-21-87, Repealed 7-5-95.

Fla. Admin. Code R. 5B-52.005 Procedure for Establishing Eradication Zones or Regulated Areas

History

• Rulemaking Authority 570.07(23) FS. Section3(2), Chapter 87-55, Laws of Florida. Law Implemented Chapter 87-55, Laws of Florida. 570.07(21) FS. History–New 12-21-87, Repealed 7-5-95.

Fla. Admin. Code R. 5B-52.006 Eradication Zone or Regulated Area

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 593.103(2), (5), (9) FS. History–New 12-21-87, Amended 7-5-95, Repealed 11-2-20.

Fla. Admin. Code R. 5B-52.007 Producing Cotton or Kenaf, and Destruction

(1) Commercial cotton or kenaf. In order to prevent the spread of the pink bollworm from south Florida northward to the state’s commercial cotton-producing areas, the production of commercial cotton or kenaf is prohibited in Pinellas, Hillsborough, Hardee, Highlands, Okeechobee, and St. Lucie and all counties south thereof. This area is hereby designated as a regulated area.

(2) Noncommercial cotton or kenaf. Noncommercial cotton or kenaf shall not be produced without a permit issued by the Division. Persons seeking a permit to produce noncommercial cotton or kenaf 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.

(3) Notice of destruction. The Department shall issue an order to destroy any cotton or kenaf that is not grown, held, or transported in compliance with Chapter 581, F.S. or this rule.

History

• Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8) FS. Law Implemented 581.031, 581.101 FS. History–New 12-21-87, Amended 6-20-00, 11-2-20, 12-28-25.

Fla. Admin. Code R. 5B-52.0075 Planting Kenaf in the Regulated Area and Required Participation

History

• Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(2) FS. Law Implemented 581.031, 581.101 FS. History–New 11-2-20, Repealed 12-28-25.

Fla. Admin. Code R. 5B-52.008 Treatment of Cotton in the Boll Weevil Regulated Area

History

• Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 593.103(6), 593.108 FS. History–New 12-21-87, Amended 6-20-00, 11-2-20, Repealed 12-28-25.

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

History

• 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, 11-2-20, Repealed 12-28-25.

Fla. Admin. Code R. 5B-52.010 Cotton Stalk Destruction

History

• Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 593.103(13), 593.109, 593.116 FS. History–New 12-21-87, Amended 4-2-89, 6-20-00, 11-2-20, Repealed 12-28-25.

Fla. Admin. Code R. 5B-52.011 Movement of Regulated Articles

History

• Rulemaking Authority 570.07(23), 581.031(4), (5), (6), (7), (8), 593.103(2) FS. Law Implemented 581.031, 581.101 FS. History–New 12-21-87, Amended 7-5-95, 6-20-00, 11-2-20, Repealed 12-28-25.

Fla. Admin. Code R. 5B-52.012 Issuance of Boll Weevil Certificates, Cancellations, and Attachments

History

• Rulemaking Authority 570.07(23), 593.103(2) FS. Law Implemented 581.031(7), (26), 593.103(7) FS. History–New 12-21-87, Amended 7-5-95, 6-20-00, 11-2-20, Repealed 12-28-25.

Fla. Admin. Code R. 5B-52.013 Entry of Authorized Representatives Upon Properties

History

• Rulemaking Authority 570.07(23) FS. Section3(2), Chapter 87-55, Laws of Florida. Law Implemented Chapter 87-55, Laws of Florida. History–New 12-21-87, Repealed 7-5-95.

Fla. Admin. Code R. 5B-52.014 Penalties for Violation

History

• Rulemaking Authority 570.07(23) FS. Section3(2), Chapter 87-55, Laws of Florida. Law Implemented Chapter 87-55, Laws of Florida. History–New 12-21-87, Repealed 7-5-95.

Chapter 5B-54 PESTS OF HONEYBEES AND UNWANTED RACES OF HONEYBEES

Fla. Admin. Code R. 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) Authorized Representative. Any designated employee, inspector, or collaborator of the department or the United States Department of Agriculture.

(b) Backyard Beekeeper: A beekeeper who maintains 1 to 40 colonies on agricultural or non-agricultural property.

(c) 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 honey bees, honey bee equipment or other regulated articles.

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

(e) Commercial Beekeeper. A beekeeper who maintains 101 colonies or more on agricultural or non-agricultural property for income.

(f) Continuing Education Unit (CEU). A measure used in acquiring educational merit needed for a professional to maintain a business license.

(g) Division Director. The director of the Division of Plant Industry.

(h) Honey bee (also known as honeybee): means all species of the western honey bee (Apis mellifera). Managed colonies in the state of Florida are those that have European sub-species of Apis mellifera contained therein.

(i) Motherline. The queen or hive from which eggs or larvae are taken for queen rearing.

(j) Nucleus hive (nucs). A small colony of bees often used in making new increases and queen rearing, or the box in which the small colony of honey bees resides. The term refers to the fact that the essentials; bees, brood, food, a queen or the means to make one, are there for it to grow into a colony, but it is not a full sized colony.

(k) Queen Breeder. A beekeeper that rears queens for sale or trade.

(l) Sideline Beekeeper. A beekeeper who maintains 41 to 100 colonies on agricultural or non-agricultural property for income.

(m) Stock Dealer. A beekeeper that produces nucs, colonies, or other arrangements consisting of frames with comb, honey bees, and a queen for the purpose of sale or trade that at any time maintains physical possession of such stock.

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

(o) Top-Bar Hive (TBH). A single-story horizontal construction, frameless beehive in which the comb hangs from removable bars or slats.

(2) The purpose of this chapter is to identify and declare as nuisances those honey bee pests and unwanted races of honey bees 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 honey bee colonies, conducting inspection, control, eradication, and regulatory action to prevent the establishment of honey bee pests and unwanted races of honey bees, to provide early detection of any new pests, and to prevent or control their distribution within the state if infestation occurs.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.02, 586.11 FS. History–New 11-22-88, Amended 6-20-00, 1-1-14, 3-27-18.

Fla. Admin. Code R. 5B-54.002 Purpose

History

• 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 1-1-14.

Fla. Admin. Code R. 5B-54.003 Regulated Honey Bee Pests, Races, and Regulated Articles

The following honey bee pests, races, and articles are found to be capable of damaging or causing abnormalities to honey bees, colonies of honey bee or beeswax and is declared to constitute a nuisance. Any other honey bee pest, race, or regulated article will be considered a threat to the state upon a risk assessment conducted by the Department. The risk assessment will be incident specific, and may include, but is not limited to, the origin, regulatory environment of origin, and nature of the honey bee pest, race, or regulated article.

(1) Honey bee pests:

(a) American foulbrood. The disease organism known as Paenibacillus larvae.

(b) The mite Troplaelaps clareae.

(2) Honey bee races:

(a) Apis mellifera scutellata, African honey bee.

(b) Apis mellifera capensis, Cape honey bee.

(3) Regulated Articles:

(a) Honey bee. All forms of the insect, Apis mellifera.

(b) Regulated honey bee pests. Those honey bee pests listed under Rule 5B-54.003, F.A.C.

(c) Unwanted races of honey bees listed under subsection (2).

(d) Used beekeeping equipment or fixtures.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3) FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 3-11-04, 8-24-05, 3-27-18.

Fla. Admin. Code R. 5B-54.004 Unwanted Races of Honeybees

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(5) FS. History–New 11-22-88, Amended 11-4-92, Repealed 3-27-18.

Fla. Admin. Code R. 5B-54.005 Regulated Articles

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(5) FS. History–New 11-22-88, Amended 11-4-92, Repealed 3-27-18.

Fla. Admin. Code R. 5B-54.006 Movement of Regulated Articles

(1) All regulated articles, as listed under Rule 5B-54.003, F.A.C., entering the state shall be accompanied by a current Certificate of Beekeeping Registration, FDACS-08177, revised 07/17, incorporated in Rule 5B-54.014, F.A.C., or apiary inspection documentation issued by the state of origin, certifying that such regulated articles were inspected and found to meet department entry requirements. Each shipment shall be accompanied with the owner’s name, contact information, and the ultimate destination of the shipment. Any regulated article contained in shipments entering the state shall be subject to reinspection by an authorized representative to affirm freedom from regulated honey bee pests and unwanted races of honey bees.

(2) All regulated articles leaving the state shall be accompanied by a current Certificate of Beekeeping Registration, FDACS-08177, revised 07/17, incorporated in Rule 5B-54.014, F.A.C.

(3) Intrastate movement regulated articles listed under Rule 5B-54.003, F.A.C., are prohibited movement within the state unless such regulated articles meet the requirements set forth in this chapter and are identified as specified in Rule 5B-54.013, F.A.C., and accompanied by a current Certificate of Beekeeping Registration, FDACS-08177, revised 07/17, incorporated in Rule 5B-54.014, F.A.C.

(4) Any honey bees 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 honey bee pests or unwanted races of honey bees, such honey bees or used beekeeping equipment shall be returned, destroyed, or treated by the department within 48 hours upon the order of the department. An Apiary Advisory Notice for Improper Movement of Regulated Articles, FDACS-08201, revised 07/17, is provided for this purpose and incorporated herein by reference. A copy may be otained online via http://www.flrules.org/Gateway/reference.asp?No=Ref-09150.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.025, 586.10(3), 586.045, 586.10(3), 586.11, 586.13(1) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 3-27-18.

Fla. Admin. Code R. 5B-54.007 Quarantined Area

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(1), (4), (6) FS. History–New 11-22-88, Repealed 7-9-95.

Fla. Admin. Code R. 5B-54.008 Procedures for Establishing a Quarantined Area

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(1), (6) FS. History–New 11-22-88, Repealed 7-9-95.

Fla. Admin. Code R. 5B-54.009 Designation of Eradication or Treatment Areas, Announcement of Treatment Schedules, and Treatment Control and Eradication Procedures Within a Quarantined Area

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(1), (6), 586.13 FS. History–New 11-22-88, Amended 11-4-92, Repealed 7-9-95.

Fla. Admin. Code R. 5B-54.010 Registration with the Department

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

(1) Submit an application which shall contain provisions with which the applicant must comply and must be signed by the applicant or applicant’s representative. The Application for Beekeeping Registration, (FDACS 08176, revised 1/18), is provided for this purpose and incorporated herein by reference. A copy may be obtained from online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09146.

(2) An applicant’s honey bees shall be inspected by an authorized representative of the department and found to be free from common honey bee pests, including pests listed in Rule 5B-54.003, F.A.C., and from unwanted races of honey bees listed in Rule 5B-54.004, F.A.C.

(3) By signing the application the beekeeper agrees to comply with appropriate rules of the department. Each Application for Beekeeping Registration (FDACS 08176, revised 1/18), 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 +

$100

(4) Upon approval of an application, the department will issue to the applicant beekeeper a Certificate of Beekeeping Registration, (FDACS-08177, revised 07/17) which is incorporated in Rule 5B-54.014, F.A.C.

(5) 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) Annual renewal received after the anniversary date shall be accompanied by a $10 late filing fee.

(7) Failure to register or maintain active registration while maintaining European honey bees is a violation of Section 586.045, F.S., and is subject to the penalties set forth in Section 586.15, F.S.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.045, 586.10(3), 586.15 FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 3-11-04, 1-1-14, 3-27-18.

Fla. Admin. Code R. 5B-54.0105 Location of Managed Honey Bee Colonies

(1) With the permission of the landowner or legal representative, managed European honey bee colonies may be located on either:

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

(b) Land classified as non-agricultural under Section 193.461, F.S., that is integral to a beekeeping operation provided the beekeeper signs a Beekeeper Compliance Agreement, FDACS-08492, revised 12/17. This compliance agreement is incorporated herein by reference and may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09153.

(2) The Beekeeper Compliance Agreement, FDACS-08492, revised 12/17 provides best management requirements for maintaining European honey bee colonies on non-agricultural lands and incorporates swarm prevention techniques as explained in Swarm Control for Managed Beehives (UF-IFAS Publication ENY-160, revised February 2016). UF-IFAS Publication ENY-160 is incorporated herein by reference and a copy may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09156.

(3) The Honey Bee Queen Compliance Agreement, FDACS-08419, Revised 1/18, provides best management requirements for maintaining Honey Bee Queens. This agreement is incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09152.

(4) Special Permits – The Division Director shall issue a special permit for the placement of managed honey bee colonies on lands other than agricultural that do not meet the requirements within the Beekeeper Compliance Agreement, FDACS-08492, revised 12/17 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 to the Assistant Chief of the Bureau of Plant and Apiary Inspection that includes a map of the property with the proposed number and location of the managed honey bee colonies;

(b) 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,

(c) Agreement from the Division that a special permit is justified and the beekeeping operation will not pose a public nuisance or unacceptable safety concern.

(d) Apiary locations shall be registered to include the physical location by street address or a geographic coordinate.

(5) Managed European honey bee colonies not in compliance with Section 586.10(1), F.S., and this section shall be issued a Notice of Non-Compliance for Maintaining European Honey Bee Colonies, FDACS-08499, revised 07/17, which is incorporated herein by reference and may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09154.

History

• Rulemaking Authority 586.10 FS. Law Implemented 586.045, 586.055, 586.10(1), 586.10(3), 586.15 FS. History–New 1-1-14, Amended 3-27-18, Technical Change 12-18-25.

Fla. Admin. Code R. 5B-54.011 Apiary Inspection Procedures

(1) Each Florida apiary shall be inspected and issued an Apiary Inspection Report (FDACS-08206, revised 12/17) by an authorized representative of the department. This inspection shall include a visual examination of the hives for detection of honey bee pests listed in Rule 5B-54.003, F.A.C., and unwanted races of honey bees in Rule 5B-54.004, F.A.C. Apiary Inspection Report, FDACS-08206, revised 12/17 is incorporated herein by reference and a sample may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09151.

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

(3) Maintenance of apiary site. Each apiary site shall be maintained in such a manner as to allow reasonable access for inspection. Colonies must be arranged so that the inspection functions can be performed. The owner or designated representative shall be notified by the department if the conditions of the site are such that an inspection cannot reasonably be performed.

(4) Movable frame hives. The keeping of honey bees in containers without movable frames by a beekeeper is prohibited. Beekeepers found utilizing hives without movable frames will be rquired to transfer the bees to a movable frame hive or to destroy the colony.

(5) Top bar hives. The owner is responsible for facilitating the movement of the comb during an inspection.

(6) Queen certification shall be validated annually by sampling each mother line.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 1-1-14, 3-27-18.

Fla. Admin. Code R. 5B-54.0115 Special Inspection and Certification Fees

Special inspection and certification fees shall be as follows:

Queen certification

$25 per certificate issued or special inspection made plus mileage.

Stock Dealer certification

$25 per certificate

Import inspection for shipments of honey bees colonies

$25 per certificate

Certificate of Apiary Inspection for Out of State

$25 per certificate

Specimen sampling

$10 per sample plus mileage1, $10 minimum.

Honey sampling

$10 per sample plus mileage1, $10 minimum.

Other special inspection of honey bee colonies

$25 per inspection.

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

History

• Rulemaking Authority 586.045, 586.10(2) FS. Law Implemented 586.03(2), (3), 586.10(3), 586.045 FS. History–New 11-4-92, Amended 3-11-04, 3-27-18.

Fla. Admin. Code R. 5B-54.012 Apiary Inspection Conditions

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(4), (9) FS. History–New 11-22-88, Repealed 3-27-18.

Fla. Admin. Code R. 5B-54.013 Identification of Ownership of Honey Bee Hives

(1) Each beekeeper registered with the department shall be issued a permanent firm number.

(2) Commercial beekeepers shall post a 5'' x 9'' placard at each apiary location that is visable to the public with emergency contact information to include owner name and telephone number.

(3) Each beekeeper must have the firm number burned or permanently imprinted on the upper left hand corner of the hive bodies in letters at least one-half inch in height.

(4) If ownership of equipment is transferred, the original brand or imprint shall be left intact, and the brand or imprint of the new owner shall be placed below the original brand or imprint within six months.

(5) A bill of sale or letter of transfer shall be required of any person in possession of any apiary equipment which is marked with a registration number other than his own.

(6) Any person who alters, defaces, removes, or obliterates the brand or imprint on any apiary equipment or who possesses for use or sale any apiary equipment upon which the brand or imprint has been altered, defaced, removed, or obliterated is guilty of a violation of this chapter.

(7) Stock dealers are not required to permanently mark hive bodies intended for sale as long as there is a valid Stock Dealer Certificate, FDACS-08517, revised 12/17, as incorporated in Rule 5B-54.014, F.A.C.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3) FS. History–New 11-22-88, Amended 11-4-92, 3-27-18.

Fla. Admin. Code R. 5B-54.014 Issuance of Certificates

The following certificates are incorporated herein by reference and available online as indicated.

(1) Certificate of Beekeeping Registration, FDACS-08177, revised 07/17, is required on each sale or trade, movement within the state, re-entry per shipment of honey bees, and other regulated articles into Florida. A copy is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09147.

(2) A Certificate of Apiary Inspection for Out of State Movement, FDACS-08061, revised 12/17 is used for shipments of honey bees or other regulated articles leaving the state when requested by the receiving state. A copy of this form is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09143.

(3) Notice of Quarantine, Stop-Sale and Hold Order For Honey Bee Colonies, FDACS-08063, revised 12/17, is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09145.

(4) Queen Certificate, FDACS-08057, revised 12/17, is required for any beekeeper that rears queens for sale or trade. Queen must come from a certified European mother line soure. A copy of this form is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09142.

(5) Stock Dealer Certificate, FDACS-08517, revised 12/17, is required to produce nucs, colonies, or other arrangements consisting of frames with comb, honey bees and a queen for the purpose of sale or trade. The queen must come from a certified European mother line source. A copy of this form is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09155.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3), 586.11, 586.13 FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 6-20-00, 8-24-05, 1-1-14, 3-27-18.

Fla. Admin. Code R. 5B-54.015 Special Inspection to Meet Requirements of Other States and for Export to International Countries

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 procedures:

(1) Request an inspection at least seven days in advance of the anticipated date of movement. A Request for Special Inspection, FDACS-08179, revised 07/17, is incorporated herein by reference and provided for this purpose. A copy of this form is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09148.

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

History

• 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, 1-1-14, 3-27-18.

Fla. Admin. Code R. 5B-54.016 Interim Detention of Honey Bees and Equipment

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a), 586.13 FS. History–New 11-22-88, Amended 6-20-00, 1-1-14, Repealed 3-27-18.

Fla. Admin. Code R. 5B-54.017 Destruction or Treatment of Infested or Infected Colonies

(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 burning or shall be treated using irradiation as prescribed in subsection 5B-54.0175(2), F.A.C. This destruction or treatment must be accomplished within 7 days of a positive diagnosis, and honey bee colonies and related equipment must be stored or maintained in such a manner that exposure to other honey bees is prevented. All colonies found in the same apiary where AFB is detected shall be quarantined for a minimum of 30 days after destruction or treatment by issuing a Notice of Quarantine, Stop-Sale And Hold Order For American Foulbrood Disease, FDACS-08063, revised 12/17, as incorporated in Rule 5B-54.014, F.A.C., to determine apparent freedom from AFB disease.

(2) Release, Hold Order and Quarantine. An issued quarantine hold prohibits further sale, barter, exchange, or distribution of any honey bees, honey bee products, honey bee equipment, or other regulated articles by the firm entity. Diseased apiaries and hives therein will not be eligible for certification during the quarantine stage. The removal of any colonies of bees, queen bees, nuclei, combs and other equipment from such diseased and quarantined apiaries is prohibited, except under special authority from the Department, while the quarantine is in effect. Under particular circumstances, with Department approval, secured quarantined items may be removed to another location for destruction depending upon local burning ordinances. Quarantine inspections will be conducted in 30 day time period intervals until the existance of AFB is no longer detected within the quaratined apiaries. When AFB is no longer detected by the inspector, the Division shall have determined and declared that the disease is apparently eradicated from said apiaries through destruction or treatment. Only then will the apiaries and firm be released from quarantine hold and be able to resume normal operating activities. It will be the owner or manager’s responsibility to continue with vigil inspections and related treatment.

(3) Other honey bee pests and unwanted races of honey bees. Discovery of other honey bee pests or unwanted races of honey bees in the state shall initiate the quarantine of all colonies located within a distance prescribed by the department of the infested apiary. All honey bees within the quarantine area shall be inspected. A recommended eradication or control method shall be determined and prescribed by the department. All honey bees will not be eligible for certification and released until the honey bee pest or unwanted races of honey bees has been eliminated and released from quarantine and stop sale by the Department.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(a), (3)(c), 586.13, 586.112 FS. History–New 11-22-88, Amended 11-4-92, 7-9-95, 6-20-00, 8-24-05, 1-1-14, 3-27-18.

Fla. Admin. Code R. 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:

(1) All honey bees, 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.

(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 and marked verifying treatment at an irradiation facility. It shall be the responsibility of the equipment owner to locate an irradiation facility capable of treatment at the prescribed dose.

History

• Rulemaking Authority 586.10(2)(a) FS. Law Implemented 586.10(3)(a), 586.13 FS. History–New 11-4-92, Amended 1-1-14, 3-27-18.

Fla. Admin. Code R. 5B-54.018 Compensation for Infested or Infected Colonies

(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 diseased colonies, after which payment will be reduced as follows: If the disease rate exceeds 50 percent of the total colony inventory, then the payment will be reduced 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 Assistant Chief of Apiary Inspection, the Cooperative Extension Service Apiary Specialist, and the Chairman of the Honey Bee Technical Council. A Compensation Agreement must be signed by the owner. The Compensation Agreement, FDACS-08062, revised 07/17, is incorporated herein by reference and may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09144. Additionally, Internal Revenue Service’s Form W-9, Request for Taxpayer Identification Number and Certification, Rev. December 2014, is hereby incorporated by reference and may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09157.

(2) Other Honey Bee Pests and Unwanted Races of Honey Bees. Owners shall not be awarded compensation for depopulation of colonies due to the presence of honey bee pests or unwanted races of honey bees 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.

History

• 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, 1-1-14, 3-27-18.

Fla. Admin. Code R. 5B-54.019 Procedures for Abandoned Apiaries

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 indicating the department’s label of abandonment. A Notice of Abandonment, (FDACS-08180, revised 07/17), is incorporated herein by reference and shall 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. FDACS-08180 may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-09149.

(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 after a Notice of Abandonment is issued.

(3) At the end of the ninety days, or upon the demand of the landowner 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 honey bee 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.

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.10(3)(h), (3)(i) FS. History–New 11-22-88, Amended 11-4-92, 6-20-00, 1-1-14, 3-27-18.

Fla. Admin. Code R. 5B-54.020 Forms

History

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

Fla. Admin. Code R. 5B-54.021 Penalties for Violation

History

• Rulemaking Authority 586.10(2) FS. Law Implemented 586.15 FS. History–New 11-22-88, Repealed 7-9-95.

Chapter 5B-55 DOGWOOD ANTHRACNOSE

Fla. Admin. Code R. 5B-55.001 Definitions

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 infestation because of proximity to or contract with dogwood anthracnose.

(3) Host plant. A dogwood plant (Cornus spp.) or part thereof or any other plant or part thereof which is capable of harboring or transporting dogwood anthracnose in any of its life stages.

(4) Infected. Actually harboring dogwood anthracnose.

(5) Infested area. Any state, territory or country known to be infested with the dogwood anthracnose defined herein.

(6) Interstate movement. Movement into Florida from another state or U.S. possession.

(7) Intrastate movement. Movement within the state of Florida.

(8) Master permit. An official document issued by the director allowing entry of host plants from infested areas, defining the items being moved, and containing specific instructions regarding inspection, certification, and movement.

(9) Post entry quarantine. A condition under which specific plants shall be maintained after entry under prescribed conditions and inspections by an authorized representative of the department.

(10) Regulated area. Any area in such proximity to an infestation that it cannot be separated for quarantine purposes from an infestation.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.011, 581.031(6), (7), (17), 581.083, 581.101, 581.181 FS. History–New 9-19-89, Amended 6-4-95, 8-19-96.

Fla. Admin. Code R. 5B-55.002 Purpose

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.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031(4), (5), 581.083 FS. History–New 9-19-89.

Fla. Admin. Code R. 5B-55.003 Declaration of Dogwood Anthracnose as a Plant Pest

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 likely to communicate same. A quarantine is hereby established against any state, territory, or country known to be infested with dogwood anthracnose.

History

• Rulemaking Authority 570.07(23) FS. Law Implemented 581.031(6) FS. History–New 9-19-89, Amended 6-4-95, 8-19-96.

Fla. Admin. Code R. 5B-55.004 Declaration of Quarantine

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031(7) FS. History–New 9-19-89, Repealed 6-4-95.

Fla. Admin. Code R. 5B-55.005 Infested and Regulated Areas

(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 Carolina.

(k) Oregon.

(l) Pennsylvania.

(m) South Carolina.

(n) Tennessee.

(o) Virginia.

(p) Washington.

(q) West Virginia.

(r) Any other state, territory or country where dogwood anthracnose as defined herein is determined to be established.

(2) Regulated areas. Areas in which it is deemed necessary to regulate because of their proximity to an infestation of the dogwood anthracnose defined herein, or because of their inseparability for quarantine enforcement purposes from infested areas, or because there is an absence of interstate regulations regarding dogwood anthracnose.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (7), FS. Law Implemented 581.031(4), (20), 581.101 FS. History–New 9-19-89, Amended 8-19-96.

Fla. Admin. Code R. 5B-55.006 Interstate Movement

(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 Industry, Bureau of Plant and Apiary Inspection, Post Office Box 147100, Gainesville, Florida 32614-7100.) Dogwood anthracnose or any host plant may enter the state of Florida for research purposes with prior written permission from the director.

(2) Any host plant found to be infected with or exposed to dogwood anthracnose shall be quarantined, returned to the shipper or destroyed at the discretion of the department, and acceptance of further shipment of host plants from the party found to be in violation of this chapter shall be suspended. The suspension shall remain in effect until the department of agriculture in the state of origin has notified the department in writing that the problem has been resolved.

(3) The destruction or return of an out-of-state shipment shall be at the expense of the shipper. Payment to the department for such expense is required before shipping can resume.

History

• Rulemaking Authority 570.07(23), 581.031(4) FS. Law Implemented 581.031(4), (15), (20), 581.083 FS. History–New 9-19-89, Amended 8-19-96, 6-12-00.

Fla. Admin. Code R. 5B-55.007 Intrastate Movement

History

• Rulemaking Authority 570.07(23), 581.031(5) FS. Law Implemented 581.031(5), (15), (20) FS. History–New 9-19-89, Repealed 8-19-95.

Fla. Admin. Code R. 5B-55.008 International Movement

History

• Rulemaking Authority 570.07(23), 581.031(5) FS. Law Implemented 581.031(5), (15), (20) FS. History–New 9-19-89, Repealed 6-4-95.

Fla. Admin. Code R. 5B-55.009 Post Entry Quarantine

History

• Rulemaking Authority 570.07(23), 581.031(5), (7) FS. Law Implemented 581.031(7), (15), (17), (20), 581.101 FS. History–New 9-19-89, Repealed 8-19-96.

Fla. Admin. Code R. 5B-55.010 Entry of Authorized Representatives

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 570.07(2), (13), 581.031(15), (17) FS. History–New 9-19-89, Repealed 6-4-95.

Chapter 5B-57 INTRODUCTION OR RELEASE OF PLANT PESTS, NOXIOUS WEEDS, ARTHROPODS, AND BIOLOGICAL CONTROL AGENTS

Fla. Admin. Code R. 5B-57.001 Definitions

(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 improving plant health or growth, or which may adversely affect pest species such as arthropods, fungi, bacteria, viruses, and nematodes.

(b) Biological Control Agent. Any biological agent such as bacteria, fungi, viruses, arthropods, parasitoids, parasites, nematodes, and predators that adversely affects pest species.

(c) Contiguous. Two or more plantings of non-native plants with a common boundary or a parcel of land that has been separated or divided into more than one planting of non-native plants whether separated or divided by a roadway or any other area not under cultivation with non-native plants.

(d) Department. The Florida Department of Agriculture and Consumer Services.

(e) International Movement. Movement into Florida from any country or area outside the United States.

(f) Interstate Movement. Movement into Florida from another state or U.S. possession.

(g) Intrastate Movement. Movement within the state of Florida.

(h) Invasive Plant. A naturalized plant that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality.

(i) Natural Dispersion. Movement of an aquatic plant by meteorological, biological, hydrological, or any other natural process.

(j) Naturalized Plant. A plant that is reproducing spontaneously outside of cultivation and outside its native range.

(k) Nematode. A small unsegmented worm in all of its life stages in the Phylum Nematoda.

(l) Non-Native Species. Any non-native plants, algae, or blue-green algae, including genetically engineered plants, algae, or blue-green algae in plantings greater in size than two contiguous acres.

(m) Non-Native Species Permit. A permit issued by the Department authorizing a non-native species planting.

(n) Non-Native Species Planting. The cultivation or production of a nonnative plants, algae, or blue-green algae, including a genetically engineered plants, algae, or blue-green algae in plantings greater in size than two contiguous acres.

(o) Noxious Aquatic Plant. As defined in section 369.25 F.S.

(p) Noxious Weed. Any living stage, including, but not limited to, seeds and reproductive parts, of a parasitic or other plants of a kind, or subdivision of a kind, which may be a serious agricultural threat in Florida, or have a negative impact on the plant species protected under section 581.185, F.S., or if the plant is a naturalized plant that disrupts naturally occurring native plant communities.

(q) Noxious Weed and Invasive Plant Review Committee. A committee appointed by the Department, in accordance with Section 570.232, F.S., to review the Noxious Weed and Invasive Plant List in subsection 5B-57.010(2), F.A.C., as provided for in Section 581.091(4), F.S.

(r) Permit. An official document issued by the Department or the USDA allowing, under specific conditions, the entry or field release of plant pests, noxious weeds, invasive plants, arthropods, and biological control agents, defining the conditions under which such activities will be allowed, and containing specific instructions for inspection, movement, and containment.

(s) Synonym. A scientific or common name, other than the approved name, which applies to the same plant.

(t) USDA. The United States Department of Agriculture.

(2) The purpose of this rule chapter is to control the introduction into, or movement or spread within this state of any plant pest, noxious weed, or arthropod, and to establish procedures under which the field release of plant pests, noxious weeds, arthropods, and biological control agents or non-native species plantings are permitted. Such procedures will assist in confirming that introductions and field releases are conducted in a manner which provides for public and environmental protection.

History

• Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 581.031(4), (5), (6), 581.083, 581.091 FS. History–New 7-27-93, Amended 4-18-04, 10-1-06, 7-29-13, 9-28-20.

Fla. Admin. Code R. 5B-57.002 Purpose

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (6), 581.083, 581.091 FS. History–New 7-27-93, Amended 10-1-06, Repealed 7-29-13.

Fla. Admin. Code R. 5B-57.003 Possession or Movement of Plant Pests and Noxious Weeds Regulated by the Department and the USDA

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (6), (7), (26), 581.083 FS. History–New 7-27-93, Amended 6-20-00, Repealed 4-18-04.

Fla. Admin. Code R. 5B-57.004 Introduction, Possession or Movement of Arthropods, Biological Control Agents, Plant Pests, Noxious Weeds, and Invasive Plants, Regulated by the Department

(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 been issued by the USDA with concurrence by the Department. No permit shall be issued nor concurrence with a federal permit, PPQ 526 made unless the Department has determined that the arthropod, plant pest, biological control agent, noxious weed, or invasive plant can be contained to prevent escape into the environment or that it will not pose a threat to agriculture, beneficial organisms, or the environment or become a public nuisance. If the possession of a plant listed in Rule 5B-57.007, F.A.C., has resulted from natural dispersion and there is neither danger of nor intent to further disperse the plant, then no permit is required. Any person transporting noxious or prohibited aquatic plants for disposal shall not be required to possess a permit pursuant to this chapter; however, disposal shall be carried out in such a manner that there is no further spread of the the plant species and no contamination of any waterbody of the state. In the case of biological control agents, they must be specialized to the target pest or pests. The Department’s evaluation of permit applications may rely on findings of the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the USDA, the University of Florida, or any other State or Federal agency with expertise in these areas. In cases where there is inadequate information about the potential environmental impact of importing or releasing an organism, the Department will require the applicant to provide evidence that the accidental escape of organisms not intended for release would not be hazardous to Florida or U.S. agriculture, beneficial organisms, the public, or the environment and to provide contingency plans for containment should escape occur. The application procedures for permits are as follows:

(2) Unless a USDA permit 526 has been issued, anyone seeking a permit shall submit a completed Application and Permit to Move Organisms Regulated by the State of Florida, FDACS 08208 (Rev. 01/13), to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100. The form Application and Permit to Move Organisms Regulated by the State of Florida, FDACS 08208 (Rev. 01/13), is hereby adopted and incorporated by reference and may be obtained by writing the Division of Plant Industry at P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02819.

(3) The completed application for permit shall be submitted to the Department for evaluation and approval or disapproval.

(4) Following approval by the Department, a permit (Application and Permit to Move Organisms Regulated by the State of Florida, FDACS 08208, Rev. 01/13) shall be issued. The conditions under which movement, introduction, possession, or release is permitted, and the length of time for which the permit is valid, will be specified on the permit.

(5) Failure to comply with permit requirements shall subject the permit to revocation by the Director of the Division of Plant Industry. Where the Director has revoked a permit for non-compliance with permit requirements, the permitted organism involved shall be seized by the Department if it is determined to pose a threat to the agricultural, horticultural, environmental, or public interests of the state as provided for in Section 581.031(15)(a), F.S.

History

• Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 369.251(3), 581.031(6), (7), 581.083, 581.091, 581.101 FS. History–New 7-27-93, Amended 6-20-00, 4-18-04, 7-29-13, 9-28-20.

Fla. Admin. Code R. 5B-57.005 Introduction and Release of Viological Control Agents

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(6), (7), 581.083 FS. History–New 7-27-93, Repealed 4-18-04.

Fla. Admin. Code R. 5B-57.006 Regulation and Control of Noxious Weeds and Invasive Plants in Florida

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 weeds and invasive plants that are established in the State and are determined by the Department to be a nuisance or threat due to undesirable characteristics such as poisonous properties, or invasive or rapid reproductive tendencies. The eradication and control strategies developed shall be based on available science for each plant species considered for action. Eradication and control strategies include the use of biological control agents, integrated pest management, chemical control, and mechanical removal. The Department’s involvement in eradication and control programs for noxious weeds and invasive plants will be carried out within the scope of statutory authority and available resources.

History

• Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 581.031(4), (6), (7), (16), (17), 581.083, 581.091, 581.101 FS. History–New 7-27-93, Amended 4-18-04, 7-29-13.

Fla. Admin. Code R. 5B-57.007 Noxious Weed List

(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 lead plant

(f) Alternanthera sessilis – sessile joyweed

(g) Ardisia crenata – coral ardisia

(h) Ardisia elliptica – shoebutton ardisia

(i) Asphodelus fistulosus – onionweed

(j) Avena sterilis – animated oat, wild oat

(k) Borreria alata – broadleaf buttonweed

(l) Carthamus oxyacantha – wild safflower

(m) Casuarina cunninghamiana – river sheoak

(n) Casuarina equisetifolia – Australian pine

(o) Casuarina glauca – suckering Australian pine

(p) Casuarina spp. – Australian Pine

(q) Chrysopogon aciculatus – pilipiliula

(r) Colubrina asiatica – latherleaf

(s) Commelina benghalensis – benghal dayflower

(t) Crassula helmsii - swamp stone crop

(u) Crupina vulgaris – common crupina

(v) Cupaniopsis anacardioides – carrotwood

(w) Cuscuta spp. Only the native Florida species are excluded from this list. These include:

1. C. americana – American dodder

2. C. compacta – compact dodder

3. C. exaltata – tall dodder

4. C. gronovii – scaldweed

5. C. indecora – bigseed alfalfa dodder

6. C. obtusiflora – Peruvian dodder

7. C. pentagona – fiveangled dodder

8. C. umbellata – flatglobe dodder

(x) Digitaria scalarum – African couchgrass, fingergrass

(y) Digitaria velutina – velvet fingergrass, annual couchgrass

(z) Dioscorea alata – winged yam

(aa) Dioscorea bulbifera – air potato

(bb) Dolichandra unguis-cati – cat’s claw vine

(cc) Drymaria arenarioides – lightning weed

(dd) Eichhornia spp. – waterhyacinth

(ee) Emex australis – three-corner jack

(ff) Emex spinosa – devil’s thorn

(gg) Euphorbia prunifolia – painted euphorbia

(hh) Galega officinalis – goat’s rue

(ii) Heracleum mantegazzianum – giant hogweed

(jj) Hydrilla verticillata – hydrilla, Florida elodea, stargrass, oxygen grass

(kk) Imperata brasiliensis – Brazilian satintail

(ll) Imperata cylindrica – cogongrass

(mm) Ipomoea aquatica – water spinach

(nn) Ipomoea fistulosa – bush morning glory

(oo) Ipomoea triloba – little bell, aiea morning glory

(pp) Ischaemum rugosum – murainograss

(qq) Lagarosiphon spp. – African elodea

(rr) Leptochloa chinensis – Asian sprangletop

(ss) Leucaena leucocephala – lead tree

(tt) Ligustrum sinense – Chinese privet, except the cultivars ‘Variegatum’ and Sunshine’

(uu) Limnocharis flava – Sawah flowing rush

(vv) Lonicera japonica – Japanese honeysuckle

(ww) Lycium ferocissimum – African boxthorn

(xx) Lygodium japonicum – Japanese climbing fern

(yy) Lygodium microphyllum – small-leaved climbing fern

(zz) Lythrum salicaria – purple loosestrife

(aaa) Melaleuca quinquenervia – melaleuca

(bbb) Melastoma malabathricum – Indian rhododendron

(ccc) Mikania cordata – mile-a-minute

(ddd) Mikania micrantha – climbing hempweed

(eee) Mimosa invisa – giant sensitive plant

(fff) Mimosa pigra – catclaw mimosa

(ggg) Monochoria hastata – arrow leaf false pickerelweed

(hhh) Monochoria vaginalis – heartshape false pickerelweed

(iii) Myriophyllum spicatum – Eurasian watermilfoil

(jjj) Nassella trichotoma – serrated tussock

(kkk) Nechamandra alternifolia – Indian oxygen-weed

(lll) Neyraudia reynaudiana – burma reed

(mmm) Nymphoides cristata – crested floating heart

(nnn) Nymphoides peltata – yellow floating heart

(ooo) Opuntia aurantiaca – jointed prickly pear

(ppp) Orobanche spp. – broomrapes, with the exception of O. uniflora – oneflowered broomrape.

(qqq) Oryza longistaminata – red rice

(rrr) Oryza punctata – red rice

(sss) Oryza rufipogon – wild red rice

(ttt) Paederia cruddasiana – sewer-vine

(uuu) Paederia foetida – skunk-vine

(vvv) Paspalum scrobiculatum – kodomillet

(www) Pennisetum clandestinum – kikuyu grass

(xxx) Pennisetum macrourum – African feathergrass

(yyy) Pennisetum pedicellatum – kyasuma grass

(zzz) Pennisetum polystachyon – missiongrass, thin napiergrass

(aaaa) Pontederia rotundifolia – tropical pickerelweed

(bbbb) Prosopis spp. – mesquite

(cccc) Pueraria montana – kudzu

(dddd) Rhodomyrtus tomentosa – downy rosemyrtle

(eeee) Rottboellia cochinchinensis – itchgrass

(ffff) Rubus fruticosus – bramble blackberry

(gggg) Rubus molluccanus – wild raspberry

(hhhh) Saccharum spontaneum – wild sugarcane

(iiii) Salsola vermiculata – wormleaf salsola

(jjjj) Salvinia spp.(excluding S. minima – watermoss

(kkkk) Sapium sebiferum – Chinese tallow tree

(llll) Scaevola taccada – beach naupaka

(mmmm) Schinus terebinthifolius – Brazilian pepper-tree

(nnnn) Setaria pallidefusca – cattail grass

(oooo) Solanum tampicense – wetland nightshade

(pppp) Solanum torvum – turkeyberry

(qqqq) Solanum viarum – tropical soda apple

(rrrr) Sparganium erectum – exotic bur-reed

(ssss) Stratiotes aloides – water-aloe, soldier-plant

(tttt) Trapa spp. – water chestnut

(uuuu) Tridax procumbens – coat buttons

(vvvv) Urochloa panicoides – liverseed grass

(wwww) Vitex rotundifolia – beach vitex

(xxxx) Vossia cuspidata – hippo grass

(2) Prohibited Aquatic Plants – These species are considered to be highly invasive and noxious in localized areas of the State of Florida. These plants may be cultured in a nursery regulated by the Department of Agriculture and Consumer Services pursuant to Sections 581.031, 581.131 and 581.145, F.S., and shall only be sold out of state upon approval by the department. These species shall not be imported or collected from the wild. They must be contained in such a manner so as to prevent the dissemination from the nursery premises.

(a) Hygrophila polysperma – hygro

(b) Limnophila sessiliflora – ambulia

(c) Pistia stratiotes – waterlettuce

(3) The noxious weed list and the prohibited aquatic plant list comprises the most recent and accepted scientific and common names of the prohibited plant species. However, the prohibited status also applies to any synonyms.

History

• Rulemaking Authority 369.25, 369.251, 570.07(23), 581.031(4), (5) Law Implemented 369.25, 369.251, 581.031(4), (5), (6), 581.083, 581.091 History–New 7-27-93, Amended 2-28-94, 6-30-96, 7-7-99, 10-1-06, 7-29-13, 7-21-14, 12-25-16, 9-28-20.

Fla. Admin. Code R. 5B-57.008 Entry of Authorized Representatives

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(15) FS. History–New 7-27-93, Repealed 6-4-95.

Fla. Admin. Code R. 5B-57.009 Penalties for Violation

History

• Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.141, 581.211 FS. History–New 7-27-93, Repealed 6-4-95.

Fla. Admin. Code R. 5B-57.010 Noxious Weed and Invasive Plant Classification Procedures

(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 impact on the plant species protected under Section 581.185, F.S., or if the plant is a naturalized plant that disrupts naturally occurring native communities. In making these determinations, the Department will utilize information provided by the Institute of Food and Agricultural Sciences (IFAS) at the University of Florida or other experts that biologically justify the classification of a plant as a noxious weed or invasive plant based upon the best and currently available information. Anyone seeking to include or exclude plants from the Noxious Weed List in Rule 5B-57.007, F.A.C., shall submit a completed Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 07/15, to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100. The form Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 07/15, is herein incorporated by reference and may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12182. For cultivars of a listed plant to be exempted, the Department will confer with IFAS on the following: evidence of sterility and inability to cross pollinate with wild types, or evidence that the cultivar has narrower habitat suitability, less dispersal potential, less potential for negative impact on the economy and/or environment of Florida and evidence that the plant is not spreading vegetatively. The Department will review a submitted Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 04/13, and forward it to the Noxious Weed and Invasive Plant Review Committee within 30 days provided all required information has been submitted. The Noxious Weed and Invasive Plant Review Committee will review the application and make a final recommendation to the Department to add or remove plants from Rule 5B-57.007, F.A.C. Any exemptions for cultivars, production practices, areas of distribution, or any other reasons will be denoted following the plant name on the Noxious Weed and Invasive Plant List. The Department shall make a final determination regarding the disposition of the application within 30 days of receipt of the committee recommendation. Upon making a final determination, the rule amendment process will be initiated if necessary. By emergency rule, the Department shall add a plant to the list at any time if there is an immediate threat to the agricultural, horticultural, environmental, or public interest of the state.

(2) The Noxious Weed and Invasive Plant List contained in Rule 5B-57.007, F.A.C., shall be subject to review, at least biennially, by the Department in conjunction with the Institute of Food and Agricultural Sciences at the University of Florida. The Noxious Weed and Invasive Plant List Review Committee appointed by the Department, in accordance with Sections 581.091(4) and 570.232, F.S., will conduct the review. All reviews will be conducted in accordance with Section 120.525, F.S., which provides for public input. The University of Florida will recommend two faculty members, one specializing in research on production agriculture and the other on natural resources, to the Department to serve on the committee. A representative from the Director’s Office, the Bureau of Plant and Apiary Inspection, and the Botany Section shall represent the Department. The Noxious Weed and Invasive Plant List Review Committee will make recommendations to the Department to add or remove plants from Rule 5B-57.007, F.A.C., based on the biological justification as described in subsection (1).

History

• Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 581.011(18), 581.031(6), 581.091(4) FS. History–New 4-18-04, Amended 7-29-13, 10-1-20.

Fla. Admin. Code R. 5B-57.011 Non-Native Species Planting Permits

(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 Permit issued by the Department’s Division of Plant Industry. Anyone seeking a Non-Native Species Permit shall submit a completed Non-Native Species Planting Permit Application, FDACS 08381 (Rev. 01/13), to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100.

(a) A separate application shall be required for each noncontiguous growing location and must include a complete description of the non-native species to be grown and an estimated cost of removing and destroying the non-native species planting including the basis for calculating or determining that estimate.

(b) Each application must be submitted with the $50.00 permit fee.

(c) A new application will be required if a new or additional planting (contiguous or noncontiguous) exceeds five percent (5%) of the acreage covered by a previous permit.

(d) The Department will not issue a Non-Native Species Permit for any planting that includes any species listed on the State Noxious Weed List (See Rule 5B-57.007, F.A.C.) or the federal noxious weed list (See Designation of Noxious Weeds, 7 C.F.R. 360.200 (2020)).

(e) The Department will not issue a Non-Native Species Permit unless the applicant is the owner of the property or has written permission from the property owner to utilize the land for non-native species plantings for the duration of the life of the permit.

(f) In evaluating the permit application, the Department will visit the proposed growing location and determine if feasible measures are available to prevent the spread of the plant into neighboring ecosystems. The permit will require the following minimum requirements:

1. A system of traps or filters, a fallow area consisting of bare earth, or ground cover (approved by Department staff as part of the application process) to prevent the non-native species from spreading through ditches, natural waterways, or other drainage.

2. If the non-native species is motile in water and presents a risk of invasiveness in an aquatic environment, the applicant will be required to use a berm.

3. Any equipment used on the site must be cleaned of all debris before being moved from the property.

4. Wildfire protection measures will be required to mitigate fire risk and damages to surrounding areas.

(g) If additional measures are necessary (including, but not limited to, transportation restrictions) to prevent the spread of the non-native species into neighboring ecosystems, the applicant will be required to execute a Non-Native Species Compliance Agreement, FDACS-08383, (Rev. 01/13), containing additional preventative requirements. The executed Compliance Agreement will become an addendum to the Non-Native Species Permit. Failure of the applicant to abide by the stipulations of the Non-Native Species Permit or Compliance Agreement will subject the Applicant to the procedures of Sections 581.083(4)(b), (c), (d), F.S.

(2) If an applicant meets the application requirements of subsection 5B-57.011(1), F.A.C., and has submitted proof that a bond or certificate of deposit has been obtained in accordance with subsection (3), the Department’s Division of Plant Industry will issue a Non-Native Species Planting Permit, FDACS-08382, (Rev. 01/13), to the applicant for annual cultivation and maintenance of the non-native species.

(3) As required by Section 581.083(4)(e), F.S., each permit holder shall maintain, for each separate growing location, a bond or a certificate of deposit in an amount, determined by the Department, of not more than 150 percent of the estimated cost of removing and destroying the non-native species. The bond amount determination shall be based on the biological and physical factors associated with the organism being cultivated and produced, including size of the production area, equipment, and products needed to eliminate the planting and organism. The maximum bond or certificate of deposit required will not exceed $5,000 per acre except as allowed by Section 581.083(4)(e), F.S. The amount of the bond or certificate of deposit shall be increased, upon order of the Department, at any time if the Department finds such increase to be warranted by the cultivating operations of the permit holder. The increase shall be based on any changes in the biological and physical factors of the organism being cultivated and produced as stated above in this section.

(a) Applicants shall provide proof of each bond or certificate of deposit by submitting with the Non-Native Species Permit application either the form entitled Non-Native Species Planting Bond, FDACS 08439 (Rev. 01/13), or Assignment of Certificate of Deposit For Non-Native Species Planting, FDACS 08440 (Rev. 01/13), as appropriate.

(b) Permit holders desiring that the security requirement be decreased or removed must submit a written justification to the Division of Plant Industry. The permit holder must provide specific information that justifies the request by demonstrating that the permit holder has decreased its cultivation operations or that research or practical field knowledge and observations indicate a low risk of invasiveness by the non-native species. The factors that the Department will consider include, but are not limited to: multiple years or cycles of successful large-scale contained cultivation; no observation of plants, algae, or blue-green algae escape from managed areas; and science-based evidence that establishes or demonstrates adjusted cultivation practices provide a similar level of containment of the nonnative plants, algae, or blue-green algae. The Department will review the information presented and issue a written response to the request.

(4) It shall be unlawful for any person to abandon a non-native species planting. It is the responsibility of the property owner or permit holder to completely destroy the planting prior to vacating the property or stopping commercial production. If the Department determines any of the factors of Section 581.083(4)(c), F.S., to be true, the Department will issue an immediate final order requiring the immediate removal and destruction of the non-native species. Failure of the permit holder to remove and destroy the non-native species within 60 days of the order will result in action by the Department against the permit holders bond or certificate of deposit as described in Section 581.083(4)(d), F.S.

(5) A Non-Native Species Planting Permit, FDACS 08382 (Rev. 01/13), is not required if the Department, after consultation with the University of Florida, Institute of Food and Agricultural Sciences (IFAS), determines, based on experience or research data, that the non-native species does not pose a threat of becoming an invasive species or pest of plants or native fauna under Florida conditions. The following are specifically exempted from the requirements of this rule:

(a) Any plant that is commonly grown in Florida for purposes of human food consumption.

(b) Any plant that is commonly grown in Florida for commercial feed, feedstuff, or forage for livestock, nursery stock, or silviculture.

(c) Aquatic plants, algae, or blue-green algae grown in compliance with Aquaculture Best Management Practices and certified by the Division of Aquaculture pursuant to Section 597.004, F.S.

(d) Cyanobacterium sp. (Strain ABI)

(e) Energy cane (complex hybrid of Saccharum officinarum, S. spontaneum, S. barberi and S. sinense)

(f) Eucalyptus amplifolia

(g) Eucalyptus benthamii

(h) Eucalyptus dorrigoensis

(i) Eucalyptus dunnii

(j) Eucalyptus grandis

(k) Eucalyptus gunni

(l) Eucalyptus nitens

(m) Eucalyptus smithii

(n) Eucalyptus urograndis ‒ E. grandis X E. urophylla

(o) Hibiscus canabinus L

(p) Miscanthus giganteus ‒ M. sacchariflorusX M. sinensis

(q) Pinus spp.

Note: With the exception of Miscanthus giganteus, importation of Saccharum and Miscanthus species requires an Application for Special Permit to Import Sugar Cane, FDACS-08083, revised 9/16, incorporated by reference in Rule 5B-3.003, F.A.C.

(6) 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, at P.O. Box 147100, Gainesville, FL 32614-7100 or online as indicated.

(a) Non-Native Species Planting Permit Application, FDACS 08381 (Rev. 01/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-02821.

(b) Non-Native Species Compliance Agreement, FDACS-08383, (Rev. 01/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-02823.

(c) Non-Native Species Planting Permit, FDACS-08382, (Rev. 01/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-02822.

(d) Non-Native Species Planting Bond, FDACS 08439 (Rev. 01/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-02824.

(e) Assignment of Certificate of Deposit For Non-Native Species Planting, FDACS 08440 (Rev. 01/13), http://www.flrules.org/Gateway/reference.asp?No=Ref-02825.

(f) Designation of Noxious Weeds, 7 C.F.R. 360.200 (2012), http://www.flrules.org/Gateway/reference.asp?No=Ref-12184.

History

• Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 581.031(4), (5), (6), 581.083, 581.091 FS. History–New 10-1-06, Amended 9-24-08, 7-29-13, 7-21-14, 10-1-20, Technical Change 10-6-25.

Fla. Admin. Code R. 5B-57.012 Casuarina Cunninghamiana Windbreaks

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 groves in Indian River, Martin and St. Lucie Counties. The program is a five-year pilot that may be extended and expanded if so approved at the end of five years by the Noxious Weed and Invasive Plant Review Committee, the Department of Environmental Protection, the Department and a representative of the citrus industry, as provided in Section 581.091(5)(b), F.S.; or permanently suspended if hybrids are found that the Department determines, pursuant to Section 581.091(5)(k), F.S., have a high potential to be invasive.

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

(a) Casuarina cunninghamiana means a perennial tree in the family Casuarinaceae commonly called the “river she-oak.”

(b) Commercial citrus grove means a contiguous planting of 100 or more citrus trees where citrus fruit is produced for sale.

(c) Department means the Florida Department of Agriculture and Consumer Services.

(d) Registered source tree means a Casuarina cunninghamiana male tree of Florida origin that the Department has verified as sexually mature and horticulturally true to type and for which the Department has assigned a source tree registration number.

(2) Nursery Propagation Permit Application Requirements. The following requirements must be met in order obtain a permit to propagate Casuarina cunninghamiana for use as a windbreak around commercial citrus groves:

(a) Casuarina cunninghamiana may only be propagated by nurseries registered with the Department pursuant to Section 581.031(21), F.S.

(b) The nursery must submit an Application and Compliance Agreement to Propagate Casuarina cunninghamiana, FDACS 08446, Rev. 01/13, to obtain a special permit to propagate Casuarina cunninghamiana from the Department. The form titled Application and Compliance Agreement to Propagate Casuarina cunninghamiana, FDACS-08446, Rev. 01/13) is hereby adopted and incorporated herein by reference and may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02827.

(c) The application must be accompanied by a fee of $200.

(d) The Compliance Agreement included in the application shall include a statement that the owner or operator acknowledges that this is a pilot program, and that the Department may order the destruction at owner’s or operator’s expense of all Casuarina cunninghamiana trees propagated pursuant to the permit.

(e) Within 30 days of receipt of a complete permit application and signed compliance agreement that meet the requirements of this rule, the Department shall issue the applicant a Special Permit for Propagation of Casuarina cunninghamiana (FDACS 08455, Rev. 01/13). The form titled Special Permit For Propagation Of Casuarina Cunninghamiana (FDACS-08455, Rev. 01/13) is hereby adopted and incorporated herein by reference and a sample of the form may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02829.

(f) If the application is not complete, the Department shall notify the applicant in writing of the reasons that the permit will not be issued and any corrective measures that the applicant must take to obtain approval.

(g) The special permit expires twelve months after the date of issuance.

(h) Application for renewal of the special permit for propagation must be received by the Department at least 60 days prior to its expiration and be accompanied by the application fee of $200.

(3) Propagation Permit Requirements.

(a) All Casuarina cunninghamiana plants must be vegetatively propagated from registered source trees.

(b) An annual fee of $50 must be paid for each registered source tree and each registered source tree must be labeled with a permanent tag that contains the source tree registration number assigned by the Department.

(c) Each plant propagated from the registered source tree must be labeled with a permanent tag that contains the source tree registration number.

(d) Propagations from each registered source tree shall be maintained in nursery rows or on greenhouse benches so that each group can be identified as originating from an individual registered source tree.

(e) Source tree registration numbers of the parent plants must be documented on each invoice provided to the buyer.

(f) Nurseries may only sell Casuarina cunninghamiana to a person with a Special Permit for Casuarina cunninghamiana Windbreaks. The nursery must include the buyers permit number on each invoice.

(g) Copies of Casuarina cunninghamiana invoices must be maintained for 5 years and be made available to the Department upon request.

(h) Upon expiration of the Special Permit to Propagate Casuarina cunninghamiana issued by the Department, all remaining propagations must be destroyed, or sold or transferred to a nursery that has a current Special Permit to Propagate Casuarina cunninghamiana.

(i) The destruction or movement of any Casuarina cunninghamiana plants must be done under the direct supervision of the Department.

(4) Citrus Grove Windbreak Permit Application Requirements. The following requirements must be met in order obtain a permit to plant a Casuarina cunninghamiana Windbreak around commercial citrus groves:

(a) Casuarina cunninghamiana windbreaks may only be planted around a commercial citrus grove as defined in paragraph 5B-57.012(1)(b), F.A.C., located in areas of Indian River, Martin, or St. Lucie Counties in which the Department has determined that citrus canker is widespread.

(b) The property owner or operator must submit an Application and Compliance Agreement for Casuarina cunninghamiana Windbreaks. The form titled Application and Compliance Agreement For Casuarina cunninghamiana Windbreaks FDACS-08445, Rev. 01/13) is hereby adopted and incorporated herein by reference and may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02826.

(c) A separate permit must be obtained for each noncontiguous commercial citrus grove where the applicant intends to plant the windbreak.

(d) Each application must include the following:

1. The name of the applicant and the applicant’s address or the address of the applicant’s principal place of business and the location and multiblock numbers of each commercial citrus grove for which a permit is sought. If the applicant is a corporation, partnership, or other business entity, the applicant must also provide in the application the name and address of each officer, partner, or managing agent.

2. An application fee in the amount of $200.

3. A baseline survey of all lands within 500 feet of the proposed windbreak to detect any Casuarina species. If any Casuarina species is detected, a map showing the location and identification of each Casuarina species must be provided. Identifications must be verified by the Department prior to issuance of a permit.

(e) An estimate of the cost of removing and destroying the proposed Casuarina cunninghamiana windbreak and the basis for calculating the estimate.

(f) A signed compliance agreement stating that the property owner or operator will abide by all permit conditions. The compliance agreement in the application shall include a statement that the owner or operator acknowledges that this is a pilot program, and that the Department may order the destruction at owner’s or operator’s expense of all Casuarina cunninghamiana trees planted pursuant to the permit.

(g) Within 30 days of receipt of a complete application and signed compliance agreement that meets the requirements of this rule, the Department shall issue the applicant a Special Permit For Casuarina cunninghamiana Windbreak FDACS 08454, Rev. 01/13) or notify the applicant in writing of the reasons that the permit will not be issued and any corrective measures that applicant must take to obtain approval of the permit. The form titled Special Permit For Casuarina cunninghamiana Windbreaks FDACS-08454, Rev. 01/13) is hereby adopted and incorporated herein by reference and a sample of the form may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=ref-02828.

(h) The Special Permit for Casuarina cunninghamiana Windbreaks shall be valid for 5 years from the date of issuance and is transferable to subsequent owners or operators upon approval by the Department.

(i) Application for renewal of the special permit for a Casuarina cunninghamiana windbreak must be received by the Department at least 60 days prior to its expiration and be accompanied by the application fee of $200.

(5) Citrus Grove Windbreak Permit Conditions. The special permit shall require the property owner or operator to:

(a) Maintain the commercial citrus grove in such a manner to facilitate inspections and to provide unrestricted access to the site for purposes of inspecting the Casuarina cunninghamiana windbreaks;

(b) Notify the Department within 30 days following the initial planting and any subsequent planting of Casuarina cunninghamiana;

(c) Be responsible for the removal of Casuarina cunninghamiana if invasive populations or other adverse environmental factors are determined to be present by the Department as a result of the use of Casuarina cunninghamiana windbreaks;

(d) Maintain all records of the invoices documenting the purchase of the Casuarina cunninghamiana, including the source tree registration numbers as stated in paragraph 5B-57.012(1)(d), F.A.C., and make those records available to the Department during normal business hours for their review.

(e) Notify the Department within 30 business days of any change of address or change in the principal place of business.

(f) Notify the Department of the property owner’s intent to sell or otherwise transfer the ownership of the property at least 30 days prior to the transfer of ownership. The permit holder shall provide the new owner with a copy of the Special Permit and of all invoices and certification documents prior to closing.

(g) The permit holder shall remain responsible for all aspects of the permit until the Department has issued a new permit to the new owner.

(h) The application must be accompanied by a fee of $200 for each non-contiguous citrus grove.

(i) This special permit expires 5 years after issuance.

(6) Additional Permit Requirements for Maintenance and Mitigation.

(a) If the property owner or operator detects any Casuarina seedlings within 500 feet of the planted windbreak, the property owner or operator shall notify the Department immediately. Once notified, the Department shall follow the procedures in subsection 5B-57.012(7), F.A.C.

(b) The property owner or operator shall inspect the windbreak at least one time per month for any signs of female flowers or cones and shall notify the Department immediately if any are detected. Records of each inspection shall be maintained by the property owner or operator and be available for inspection by the Department.

(7) Destruction of Casuarina cunninghamiana Windbreaks. Casuarina cunninghamiana windbreaks shall be destroyed under any of the following circumstances and conditions:

(a) By the property owner within 6 months after:

1. The property owner takes permanent action to no longer use the site for commercial citrus production; or

2. The site has not been used for commercial citrus production for five years; or

3. The Department determines the Casuarina cunninghamiana on the site has become invasive based on its own determination or on the recommendation of the Noxious Weed and Invasive Plant Review Committee and the Department of Environmental Protection and in consultation with a representative of the citrus industry who has a Casuarina cunninghamiana windbreak.

4. If the owner or operator neglects or refuses to comply, the Department shall destroy the plants, assess the expense against the owner and if payment is not received, record a lien against the property.

(b) Within 60 days, if the Department determines that female flowers or cones have been produced on any Casuarina cunninghamiana plant within a windbreak.

(c) By immediate final order if the Department determines that:

1. The permit holder is no longer maintaining the Casuarina cunninghamiana subject to the provisions of the special permit and has not removed and destroyed the trees; or

2. The continued use of Casuarina cunninghamiana as windbreaks presents an imminent danger to public health, safety, or welfare; or

3. The permit holder has violated the conditions of the special permit;

(d) In cases governed by subparagraphs 5B-57.012(7)(c)1.-3., F.A.C., above, the Department shall issue an immediate final order, which shall be immediately appealable or enjoyable as provided by Chapter 120, F.S., directing the permit holder to immediately remove and destroy the Casuarina cunninghamiana authorized to be planted under the special permit.

(e) The permit holder may make a written request to the Department for a 60 day extension of time to remove and destroy the Casuarina cunninghamiana as ordered in the immediate final order. The request must demonstrate specific facts showing why the Casuarina cunninghamiana could not reasonably be removed and destroyed in the applicable timeframe.

(f) Upon a showing that the permit holder has demonstrated the need for additional time to destroy the trees, the Department shall specify a later date by which the trees subject to the special permit must be destroyed.

(g) If upon issuance by the Department of an immediate final order to the permit holder, the permit holder fails to remove and destroy the Casuarina cunninghamiana subject to the special permit within 60 days after issuance of the order, such other extended time as granted by the Department, or such shorter period as is designated in the order as public health, safety, or welfare requires, the Department shall remove and destroy the Casuarina cunninghamiana that are the subject of the special permit.

(h) The reasonable costs and expenses incurred by the Department for removing and destroying the plants shall be paid out of the Citrus Inspection Trust Fund and shall be reimbursed by the party to which the immediate final order is issued.

(i) If the party to which the immediate final order has been issued fails to reimburse the state within 60 days, the Department shall record a lien on the property. The lien shall be enforced by the Department.

(8) Evaluation of Seedlings.

(a) Casuarina seedlings discovered within 500 feet of a Casuarina cunninghamiana windbreak shall be identified by the Department to species level, removed and evaluated by the Department to determine whether hybridization has occurred.

(b) If the Department determines that hybridization has occurred, the Department shall initiate action to determine the invasiveness of the hybrids.

(c) The Department shall report its findings to a reviewing group consisting of the Noxious Weed and Invasive Plant Review Committee, the Department of Environmental Protection and the citrus industry.

(d) If after consulting with the reviewing group the Department determines the hybrids have a high potential to become invasive, this program shall be permanently suspended, all propagation and windbreak special permits shall be rescinded, and Casuarina cunninghamiana planted pursuant to special permits shall be destroyed.

(9) Department Monitoring and Response. The Department shall:

(a) Conduct inspections of the windbreak within 30 days of the initial planting and any subsequent plantings, and

(b) Conduct inspections of the windbreak and all areas 500 feet from the windbreak at least annually thereafter.

(c) Conduct any other inspections needed to determine whether the Casuarina cunninghamiana has spread beyond the permitted location.

(10) Reevaluation, Extension and Expansion of Pilot Program.

(a) The program shall be evaluated annually by the Department to determine any adverse environmental impacts of the pilot program.

(b) In 2013, the Department shall conduct a comprehensive review and evaluation of the pilot program. The Department shall review and evaluate any adverse environmental impacts of the pilot program and determine the potential for future adverse environmental impacts from the use of Casuarina cunninghamiana as windbreaks around commercial citrus groves, and put its findings in a report.

(c) After the Department has completed its review, the pilot program and report shall be evaluated by a reviewing group consisting of the Noxious Weed and Invasive Plant Review Committee, the Department of Environmental Protection and a representative of the citrus industry who has a Casuarina cunninghamiana windbreak.

(d) If the reviewing group determines that there is a low potential for adverse environmental impacts from the program, the Department may extend and expand the use of the windbreaks to other areas of the state. Any such extension or expansion shall be by Department rule.

(e) If the reviewing group determines that additional time is needed to determine the impacts of Casuarina cunninghamiana windbreaks, the Department shall allow the program to remain in place but shall not expand the areas to be planted until such time as the evaluation is complete and the Department, in consultation with the reviewing group, determines that there is a low potential for adverse environmental impact.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (4), (5), (8), 581.091 FS. Law Implemented 570.07(2), (13), 570.32(5), (6), 581.031(1), (17), 581.091 FS. History–New 7-16-09, Amended 7-29-13.

Fla. Admin. Code R. 5B-57.013 Industrial Hemp Pilot Project

(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, Florida Agricultural and Mechanical University, and any Florida College System institution or state university that has an established agriculture, engineering, or pharmacy program. Section 1004.4473(2)(a), F.S., provides that the purpose of the Pilot Project is to cultivate, process, test, research, create, and market safe and effective commercial agricultural applications for Industrial Hemp (Cannabis sativa), which is a potentially invasive plant species and is a threat to the plant life of this state if not properly controlled. The definitions provided in Section 1004.4473, F.S., shall apply to this rule.

(2) An institution or university shall not cultivate Industrial Hemp pursuant to Section 1004.4473, F.S., except under an Industrial Hemp Special Permit issued by the Department’s Division of Plant Industry.

(a) An institution or university seeking an Industrial Hemp Planting Permit shall submit an Industrial Hemp Pilot Project Proposal that consists of the following information:

1. A description of the scope, design, and objectives of the proposed Pilot Project.

2. A description of the varieties of Industrial Hemp that will be used in the project and a plan that shall ensure that all seed for cultivation of Industrial Hemp shall be:

a. Accompanied by documentation that the crop from which the seed were harvested had a THC analysis of 0.3% or less by dry weight.

b. Tagged with a certification statement providing the variety, origin, and quantity on each separate container of seed.

3. A list of Qualified Program Personnel and institution or university staff involved in the proposed Pilot Project, including the institution or university employee that will be designated as the lead oversight manager. The institution or university shall provide the work address, phone numbers, and email for the oversight manager. The institution or university shall also describe how it intends to meet the requirements of Section 1004.4473(5)(b), F.S.

4. A description of the proposed facility location(s) by address and GPS coordinates and security measures. The institution or university shall provide a detailed aerial map of the research, cultivation, processing, and testing facility location(s), identifying research plots, limited and general access areas, buildings (with a description of the activities conducted within each), boundaries, and security measures to prevent access by unauthorized parties.

5. An Environmental Containment Plan for each proposed facility location, which must include the following:

a. A containment system of traps, filters, silt fences or berms, or a fallow area consisting of bare earth or ground cover to prevent the Industrial Hemp from spreading through ditches, natural waterways, or other drainage.

b. The use of dedicated equipment for the facility or a plan to clean any equipment used on the site of all debris before it is moved from the property.

c. A transportation and movement plan that ensures that the Industrial Hemp (at all grow stages) is covered and moved in full containment during transport from noncontiguous locations.

d. A detailed statement of the estimated costs of removing and destroying the plants prior to vacating the property or ending production.

6. A plan to maintain the chain of control of Hemp Material for the proposed Pilot Project, to provide a testing schedule to ensure Hemp Material does not exceed 0.3% concentration of THC at harvest, and to provide a destruction process for any Hemp Material that does not comply with the requirements of this rule or Section 1004.4473, F.S.

7. A plan to perform an economic impact analysis of the proposed Pilot Project on the state’s agricultural sector, including a measure of the direct, indirect, and induced fiscal impact of the proposed Pilot Project.

8. A genetic research plan to ensure that any psychotropic compounds will not be synthesized.

9. A description of how the proposed Pilot Project will maintain compliance with other applicable state and federal laws. The institution or university shall identify the applicable laws based on the design of their projects.

10. Written authorization from the institution or university’s board of trustees authorizing the proposed Pilot Project.

11. If the proposed Pilot Project will be conducted on non-state owned lands, proof that the institution or university has written permission from the land owner to utilize the land for Industrial Hemp plantings for the duration of the life of the proposed Pilot Project.

12. Pursuant to Section 581.083(4)(a)1., F.S., if an institution or university plans to cultivate industrial hemp in a planting greater than two contiguous acres, then the institution or university must submit proof of a bond or certificate of deposit as described in subsection 5B-57.011(3), F.A.C. The institution or university shall provide proof of each bond or certificate of deposit by submitting with the Pilot Project Proposal either the form entitled Non-Native Species Planting Bond, FDACS 08439 (Rev. 01/13), as incorporated in Rule 5B-57.011, F.A.C., or Assignment of Certificate of Deposit for Non-Native Species Planting, FDACS 08440 (Rev. 01/13), as incorporated in Rule 5B-57.011, F.A.C., as appropriate.

13. A list of entities that the institution or university plans to collaborate with as Qualified Project Partners and a detailed description of how the entities meet the requirements set forth in Section 1004.4473(1)(f), F.S., which must include the following:

a. Proof that the entity has a principal place of business in Florida.

b. Proof that the entity has access to a grow site in Florida, which may be the same grow site that the partnering institution or university plans to use for the Pilot Project, and a detailed description of how the grow site is acceptable for the cultivation, processing, and manufacturing of industrial hemp and hemp products.

c. Proof that the entity has access to a research facility in Florida, which may be the same research facility the partnering institution or university plans to use for the Pilot Project, and a detailed description of how the research facility is acceptable for the cultivation, processing, and manufacturing of industrial hemp and hemp products.

d. A copy of the comprehensive business or research plan that was submitted to the partnering institution or university.

e. A detailed description of the entities’ prior experience in or knowledge of, or demonstrated interest in and commitment to, the cultivation, processing, manufacturing, or research of industrial hemp.

(b) A separate Pilot Project Proposal shall be required for each noncontiguous growing location.

(c) A new Pilot Project Proposal will be required if a new or additional planting (contiguous or noncontiguous) exceeds ten percent (10%) of the existing permitted acreage or if any additional varieties will be added to the Pilot Project.

(3) As part of the Department’s review of the Pilot Project Proposal, the Department will visit the proposed Pilot Project location(s), at a time agreed upon with the institution or university, to perform an onsite evaluation of the Environmental Containment Plan. If additional environmental containment measures are identified by the Department, the institution or university shall complete an Industrial Hemp Special Planting Permit Addendum that shall describe the additional measures to be implemented by the institution or university to ensure environmental containment of the proposed Pilot Project.

(4) If a Pilot Project Proposal meets the requirements of Sections 581.083 and 1004.4473, F.S. and this rule, the Department’s Division of Plant Industry will issue an Industrial Hemp Planting Permit to the institution or university.

(5) The institution or university shall notify the Department of its intent to move the Industrial Hemp to request an inspection of the transport containment apparatus. The Department shall inspect the apparatus to ensure the industrial hemp is contained for transport to its destination to prevent inadvertent spread during the transit.

(6) The institution or university Pilot Project oversight manager shall immediately notify the Department in writing if the institution or university or its Qualified Project Partner fails to meet or comply with any portion of Section 1004.4473, F.S. or this rule. It is the responsibility of the property owner or permit holder to destroy the planting prior to vacating the property or stopping production. If the Department determines any of the factors of Section 581.083(4)(c), F.S., exist, the Department will issue an immediate final order requiring the immediate removal and destruction of the Pilot Project. Failure of the permit holder to remove and destroy the Industrial Hemp within 60 days of the order will result in action by the Department against the permit holder’s bond or certificate of deposit as described in Section 581.083(4)(d), F.S.

(7) An institution or university that that has been issued an Industrial Hemp Planting Permit must possess a license to cultivate hemp issued pursuant to Rule 5B-57.014, F.A.C., before selling, distributing, or offering for sale or distribution, any Industrial hemp or hemp as defined in Section 581.217, F.S. Any commercialization must be approved by the institution or university’s office of commercialization or other named office within the institution or university that it responsible for the commercialization of the institution or university’s products.

History

• Rulemaking Authority 570.07(23), 581.031(4), (5), 1004.4473(2) FS. Law Implemented 581.031, 581.083, 1004.4473 FS. History–New 4-12-18, Amended 5-4-20.

Fla. Admin. Code R. 5B-57.014 State Hemp Program

(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 threat to the plant life of this state if not properly controlled. Hemp cultivated pursuant to this rule is considered an agricultural commodity.

(2) Definitions. The definitions provided in Sections 581.011, 581.217, F.S., and the following shall apply to this rule:

(a) “Acceptable THC level” means that the representative sample has a Total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis.

(b) “Control person” means an individual, partnership, corporation, trust, or other organization that possesses the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise. The term includes:

1. A company’s executive officers, including the president, chief executive officer, chief financial officer, chief operations officer, chief legal officer, chief compliance officer, director, and other individuals having similar status or functions.

2. For a corporation, a shareholder who, directly or indirectly, owns 10 percent or more or that has the power to vote 10 percent or more, of a class of voting securities unless the applicant is a publicly traded company.

3. For a partnership, all general partners and limited or special partners who have contributed 10 percent or more or that have the right to receive, upon dissolution, 10 percent or more of the partnership’s capital.

4. For a trust, each trustee.

5. For a limited liability company, all elected managers and those members who have contributed 10 percent or more or that have the right to receive, upon dissolution, 10 percent or more of the partnership’s capital.

(c) “Cultivation location” means a parcel where hemp will be cultivated as identified by either its address, a legal land description, tax parcel number, or GPS coordinates. Non-contiguous parcels shall be considered separate locations.

(d) “Designated laboratory” means a laboratory that:

1. Holds an ISO 17025 accreditation; and

2. Is registered with Drug Enforcement Administration (DEA) in accordance with 21 CFR 1301.13; and

3. Has entered into a compliance agreement with the Department to conduct Tetrahydrocannabinol concentration sampling and testing. The Designated Laboratory Compliance Agreement, FDACS – 08121, Rev. 04/21, is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13542. The Pre-Harvest Sampling Manual, FDACS – 08127, Rev. 03/25, is incorporated herein by reference and available on the Department’s website at FDACS.gov/Forms or can be viewed online at https://www.flrules.org/Gateway/reference.asp?No=Ref-18282. The Cannabis Sample Submission Form, FDACS-08114, Rev. 04/21, is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13539. JCGM 100:2008, Evaluation of Measurement Data -Guide to the expression of uncertainty in measurement (September 2008) is incorporated herein by reference. Copies may be obtained from http://www.bipm.org and are also available for public inspection during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, 1911 SW 34th Street, Gainesville, FL 32608-1201. Posting of the aforementioned document on the internet for purposes of public examination would violate federal copyright law.

(e) “Person” means individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(f) “Lot” means a contiguous area in a field, greenhouse, or indoor growing structure used for cultivation of the same variety or strain of hemp.

(g) “Processed hemp plant material” means plant matter, including stalks, seed hulls, woody biomass, hemp flowers, or other foliar material that has been processed in such a manner that makes it an ineffective host of plant pests or disease.

(h) “Responsible person” means a natural person who controls or manages the day to day operations of the hemp cultivation.

(i) “Total delta-9 tetrahydrocannabinol concentration” means [delta-9 tetrahydrocannabinol] + (0.877 x [tetrahydrocannabinolic acid]).

(j) “Unprocessed hemp plant material” means plant matter, including stalks, seed hulls, woody biomass, hemp flowers, or other foliar material that has been harvested but has not been processed in such a manner that makes it an ineffective host of plant pests or disease.

(3) It is unlawful for any Person to introduce into this state or move through this state the propagative parts of hemp, live hemp plants, Processed hemp plant material, or Unprocessed hemp plant material unless introduced or moved in compliance with this rule. This prohibition does not apply to products containing Hemp extract purchased, sold, and transported in retail packaging.

(4) Application. It is unlawful for a Person to cultivate hemp in this state without a License to Cultivate Hemp issued by the Department. A Person seeking a license to cultivate hemp shall submit the following to the Department:

(a) A completed Application for License to Cultivate Hemp, FDACS-08112, 12/19, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11887.

(b) A detailed description of each location intended for the cultivation of hemp, including address, legal land description, tax parcel number, and GPS coordinates.

(c) A full set of fingerprints for each Control person and the Responsible person submitted through a Livescan service provider evaluated by the Florida Department of Law Enforcement for state and national processing to Department ORI number FL925080Z. The Livescan service provider receipt for payment and process reference number must be provided with the Application For License to Cultivate Hemp, FDACS-08112, 12/19. If the fingerprint processing identifies criminal charges or convictions related to a controlled substance violation under state or federal law, the Department will notify the applicant that additional information is needed to complete the application. The applicant must provide to the Department a certified copy of the final disposition concerning the matter which the Department requested additional information pursuant to this section within ninety (90) days of receipt of the notification.

(d) An environmental containment plan for each Cultivation location. An environmental containment plan must include the following:

1. A containment system of silt fences, berms, or fallow areas consisting of bare earth or ground cover to prevent the hemp from spreading beyond the Cultivation location.

2. A plan to clean any equipment used on the Cultivation location of all debris before it is moved from the property.

3. A transportation and movement plan that ensures that the propagative parts of hemp, live hemp plants, Processed hemp plant material, and Unprocessed hemp plant material is covered and moved in full containment during transport from noncontiguous locations.

(5) License.

(a) A License to Cultivate Hemp expires twelve months after the date of issuance.

(b) On or before the License expiration date, a licensee must either renew its License or cease all hemp cultivation activities.

(c) A License may be renewed by following the application procedures outlined in subsection 5B-57.014(4), F.A.C.

(d) A License to Cultivate Hemp is not transferable.

(e) A licensee must notify the Department before changing the Cultivation location(s) approved on the licensee’s application. This notification must be made to DPIHemp@FDACS.gov thirty (30) days before any changes.

(6) Cultivation requirements. The licensee must:

(a) Comply with the licensee’s environmental containment plan.

(b) Comply with the Hemp Waste Disposal Manual. The Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21, is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13540. Code of Federal Regulations Title 40 – Protection of Environment, Parts 261.3 and 273, Subpart A, revised as of July 1, 2020, is incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-13545 and http://www.flrules.org/Gateway/reference.asp?No=Ref-13536.

(c) Maintain documentation describing the varieties of hemp cultivated for three (3) years from the date of harvest. These documents must be provided to the Department upon request.

(d) Maintain the label and receipts for all Certified hemp seed, Pilot project hemp cultivars, Pilot project hemp seed, or nursery stock that was grown from Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp seed used in the cultivation of hemp for three (3) years from the date of harvest. These documents must be provided to the Department upon request.

(e) Use only Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp seed as defined in Rule 5E-4.016, F.A.C., or nursery stock that was grown from Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp seed.

(f) Only cultivate hemp on lands that are used primarily for bona fide agricultural purposes pursuant to Section 193.461, F.S., lands located within an area zoned for agricultural or industrial use, or at a nursery as defined in Section 581.011, F.S.

(g) Post signage in a clear and conspicuous location at each Cultivation location which contains the following information: a contact phone number for the Responsible person and the following statement, “Hemp is being cultivated under a license issued by the Florida Department of Agriculture and Consumer Services.”

(h) Each Lot must be identified separately using a numeric designation.

(i) Report the hemp crop acreage to the USDA Farm Service Agency in accordance with 7 CFR 990.23.

(j) Only use Designated laboratories that qualify as Independent testing laboratories pursuant to Section 581.217(3)(f), F.S., for THC regulatory harvest sample analysis.

(7) Nurseries. Nurseries propagating hemp plants for distribution shall:

(a) Register with the Department pursuant to Section 581.031(21), F.S.

(b) Hold a License to Cultivate Hemp issued by the Department.

(c) Only distribute hemp plants for cultivation to Persons who are authorized to cultivate Hemp.

(d) Maintain copies of hemp plant movement records or sales invoices including Department-issued license numbers for three (3) years from the date of sale or the date of movement and provide copies to the Department upon request.

(8) Tetrahydrocannabinol concentration sampling.

(a) Within thirty (30) days prior to the harvest date, the Department or its agent shall collect a representative sample from each Lot to be tested for Total delta-9 tetrahydrocannabinol concentration. Any sampling by the Department or its agent shall be done in accordance with the Pre-Harvest Sampling Manual, FDACS – 08127, Rev. 03/25. The licensee shall be responsible for any fees or costs to conduct sampling or laboratory testing. The licensee or its agent must be present during any sample collection.

(b) The Department or its agent will place the sealed representative sample in the mail or deliver to the Designated laboratory of the licensee’s choosing within one business day of collection. A Cannabis Sample Submission Form, FDACS-08114, Rev. 04/21, must be submitted with each representative sample.

(c) The Designated laboratory’s initial report must be issued to DPIHemp@FDACS.gov within one business day after completion of the analysis. Within one business day of receipt, the Department will notify the licensee if the representative sample has an Acceptable THC level. If the representative sample has an Acceptable THC level, the Lot may be harvested.

(d) If the Department notifies the licensee that the representative sample has an unacceptable THC level, the licensee must:

1. Request that the Designated laboratory retest the retained sample held pursuant to the Designated Laboratory Compliance Agreement, FDACS – 08121, Rev. 04/21. A request to retest the retained sample must be made to the Designated laboratory within one business day of receipt of the notification provided in paragraph (d) of this subsection. The licensee shall be responsible for any fees or costs to conduct laboratory testing; or

2. Arrange for the collection or destruction of the non-compliant Lot by a DEA-registered reverse distributor, or a duly authorized Federal, State, or local law enforcement officer; or

3. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21.

(e) If a retest report is issued and the Department again notifies the licensee that the representative sample has an unacceptable THC level, the licensee must:

1. Arrange for the collection or destruction of the non-compliant Lot by a DEA-registered reverse distributor, or a duly authorized Federal, State, or local law enforcement officer; or

2. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21; or

3. Request that the Department collect a confirmatory sample and perform a confirmatory test of the Lot. This request must be made to DPIHemp@FDACS.gov within one business day of receipt of the notification provided in paragraph (e) of this subsection.

(f) Any confirmatory sampling by the Department of unharvested hemp shall be done in accordance with the Pre-Harvest Sampling Manual, FDACS – 08127, Rev. 03/25. Any confirmatory sampling by the Department of harvested hemp shall be done in accordance with the Post-Harvest Sampling Manual, FDACS – 08129, Rev. 04/21, which is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13544. Any confirmatory testing by the Department shall be done in accordance with the procedures outlined in the Designated Laboratory Compliance Agreement, FDACS – 08121, Rev. 04/21. The expense of the confirmatory sampling and the confirmatory testing shall be assessed, collected, and enforced against the licensee by the Department. The licensee or its agent must be present during any sample collection.

(g) If the Department’s confirmatory report indicates that the Lot has an Acceptable THC level, the Lot may be harvested. If the Department’s confirmatory test indicates that the Lot has an unacceptable THC level, the director of Plant Industry or her or his designee shall notify the licensee and the licensee shall within 10 days after the notice:

1. Arrange for the collection or destruction of the non-compliant Lot by a DEA-registered reverse distributor, a duly authorized Federal, State, or local law enforcement officer; or

2. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, Rev. 06/21.

(h) If the licensee refuses or neglects to comply with the terms of the notice in paragraph (g) of this subsection, the director or her or his authorized representative may, under authority of the Department, proceed to destroy the plants. The expense of the treatment or destruction shall be assessed, collected, and enforced against the licensee by the Department. No damages shall be awarded to the licensee for the destruction of the plants under the provisions of this rule.

(i) The licensee shall notify the Department within one business day of the collection or destruction of a non-compliant Lot. This notification must be made via Notice of Disposal, FDACS-08116, Rev. 04/21, which is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13541.

(9) Harvest.

(a) The licensee must notify the Department no fewer than thirty (30) days prior to each intended harvest date by email at DPIHemp@FDACS.gov or by phone at 1(888)397-1517. The licensee shall not harvest the Lot until the Department notifies the licensee that the representative sample has an Acceptable THC level unless authorized under paragraph (b) of this subsection.

(b) If a representative sample has been collected, the licensee may harvest the Lot before the Designated laboratory results are available if the licensee complies with the following:

1. At least 48 hours prior to harvest, the licensee must report to the Department its revised harvest date and the anticipated harvest tonnage.

2. Within 24 hours of harvest, the licensee must report to the Department the harvested tonnage.

3. The harvested material must remain unprocessed in a securely locked building or fixed container on the licensed address or the storage location identified on the licensee’s application. For the purposes of this subparagraph, drying or freezing to prevent spoilage is not considered processing.

4. The harvested material must remain segregated from other harvested hemp until the Designated laboratory results are available.

(10) Inspections. The Department shall conduct random annual inspections of each licensee to ensure compliance with the following:

(a) The Licensee’s environmental containment plan.

(b) Maintenance of Certified hemp seed, Pilot project hemp cultivars, Pilot project hemp seed, or nursey stock documentation required under paragraphs 5B-57.014(6)(c)-(d), F.A.C.

(c) Hemp plants have a Total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.

(d) Hemp plants are found to be free from plant pests or disease not known to be established in this state.

(e) Compliance with Section 581.217, F.S., and rules promulgated therefrom.

(11) Transportation Requirements.

(a) Intrastate movement. Any Person transporting propagative parts of hemp, live hemp plants, Processed hemp plant material, and Unprocessed hemp plant material within the state of Florida shall:

1. Transport in a fully enclosed vehicle or container when being moved between noncontiguous locations.

2. Have in their possession a bill of lading or proof of ownership, documentation showing the name, physical address, Lot designation number, and license number of the originating licensed cultivator, and the name and physical address of the recipient of the delivery when transporting between non-contiguous locations.

3. Stop and submit for inspection while passing any official agricultural inspection station pursuant to Section 570.15, F.S.

(b) Interstate movement. Any Person outside the State of Florida who desires to ship into this state propagative parts of hemp, live hemp plants, Processed hemp plant material, and Unprocessed hemp plant material from any state, U.S. possession, territory, or district of the United States, or foreign jurisdiction, shall comply with the following regulations:

1. The movement of propagative parts of hemp or live hemp plants into the State of Florida is prohibited unless:

a. Maintained and shipped in a soilless growing media, sterile growing media, or sterile environment; and

b. Accompanied by proof of origin with hemp cultivation license number, or equivalent, from the jurisdiction of origin and an original phytosanitary certificate of inspection issued by a state or country plant protection governmental agency.

2. The movement of any Unprocessed hemp plant material into the State of Florida is prohibited unless:

a. Accompanied by proof of origin with a hemp cultivation license number, or equivalent, from the jurisdiction of origin; and

b. Accompanied by a certificate of analysis showing that the Unprocessed hemp plant material has an Acceptable THC level; and

c. Transported frozen or dried.

3. The movement of any Processed hemp plant material into the state of Florida is prohibited unless:

a. The Processed hemp plant material has been rendered non-viable through processing; and

b. Accompanied by proof of origin with a hemp cultivation license number, or equivalent, from the jurisdiction of origin; and

c. Accompanied by a certificate of analysis showing that the Processed hemp plant material has an Acceptable THC level.

4. Upon entry in the state, all Persons transporting propagative parts of hemp, live hemp plants, Processed hemp plant material, and Unprocessed hemp plant material must comply with the intrastate movement requirements outlined in this rule.

(12) Abandoned operations. It is the responsibility of the licensee to completely destroy all hemp plant material, rendering the plants non-viable in accordance with the Hemp Waste Disposal Manual FDACS-08115, Rev. 06/21, prior to vacating the property or stopping hemp cultivation.

(13) Violations. A licensee must complete a corrective action plan if the Department determines that the licensee has negligently violated Section 581.217, F.S. or this rule. A licensee who negligently violates the corrective action plan under this rule three times within five (5) years is ineligible to cultivate hemp for five (5) years following the date of the third violation. If the Department determines that a licensee has violated Section 581.217, F.S., or Department rules with a culpable mental state greater than negligence, the Department shall immediately report the licensee to the Attorney General and the United States Attorney General. A determination that a licensee has negligently violated Section 581.217, F.S. or this rule shall be subject to the process outlined in Sections 120.569 and 120.57-120.595, F.S. A determination that a licensee has violated Section 581.217, F.S., or Department rule with a culpable mental state greater than negligence shall be reported to the Attorney General, the state attorney for the judicial circuit where the violation occurred, and the United States Attorney General notwithstanding Sections 120.569 and 120.57-.595, F.S.

(14) Final Order. The Department may issue an order directing the licensee to destroy any hemp cultivated in violation of Section 581.217, F.S., or Department rule.

History

• Rulemaking Authority 570.07(23), 581.031(4), (5), 581.217(5) FS. Law Implemented 581.031, 581.083, 581.217 FS. History–New 4-27-20, Amended 10-12-21, 9-23-25.

Chapter 5B-58 CITRUS CANKER

Fla. Admin. Code R. 5B-58.001 Citrus Canker Eradication

History

• Rulemaking Authority 570.07(21), (23), 581.031(1), (4), (5), 581.091(1), 581.101(1), 581.184 FS. Law Implemented 570.07(2), (13), (21), 581.031(6), (7), (9), (15), (17), 581.083, 581.101, 581.131, 581.141, 581.184, 581.211 FS. History–New 1-17-96, Amended 4-9-96, 5-14-97, 8-19-97, 11-19-97, 11-16-99, 7-17-00, 2-22-01, Repealed 1-24-08.

Chapter 5B-59 PLANT PEST CONTROL

Fla. Admin. Code R. 5B-59.001 Plant Pest Control

(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 in monitoring the intrastate and interstate movement of agricultural commodities.

(b) “Originating from foreign countries or originating from a foreign country” means plants or plant products that were grown at any location other than the United States.

(c) “Originating from outside the state” means plants or plant products that are shipped into Florida from any location outside Florida.

(d) “Originating or originates from the United States” means plants or plant products that were grown at any location in the United States.

(e) “United States” includes the 50 states, the District of Columbia, and the possessions of the United States.

(2) Declaration of Quarantine. The spread of plant pests and plant diseases, and the introduction of potentially harmful bacterial strains and pesticide residues from plants and plant products entering this state from foreign countries poses an immediate serious danger to the health, safety and welfare of the citizens of Florida and to the agricultural interests of this state. A quarantine is ordered and declared against plants and plant products originating from foreign countries. Plants or plant products originating from outside the state may be moved into this state only as prescribed in this rule.

(3) Requirements for the Movement of Plants and Plant Products into the State. Any person shipping plants or plant products into this state originating from outside the state shall comply with the following regulations:

(a) All vehicles transporting plants or plant products shall stop at agricultural inspection stations as required by section 570.15(2), F.S., for inspection in accordance with this rule which shall be in addition to the requirements of Rule 5A-16.003, F.A.C.

(b) All shipments of plants or plant products must be accompanied with a bill of lading, or other valid documentation which contains, at least, the following information:

1. Name and physical address of the shipper or consignor.

2. Name and physical address of receiver or consignee.

3. Description of plant or plant products in shipment.

4. Place and country of origin (where plant or plant products were grown).

5. Ultimate destination of shipment if other than receiver or consignee.

(c) The Department shall secure a copy of the bill of lading for each shipment for the purpose of monitoring movement of plants and plant products into this state to assist the Division of Food Safety and the Division of Plant Industry in performing required inspections at the ultimate destination.

(d) Plants or plant products which do not comply with the rules of the department or the laws which the department enforces shall be refused entry, returned to the owner, quarantined, detained, embargoed, treated, or destroyed as specified by the department or destroyed by an authorized representative of the department as permitted by law. The destruction, quarantine, treatment or return of a shipment to the owner shall be at the direction of the department and at the expense of the owner. Payment to the department for such expense shall be required before shipping can resume.

(4) Records. Any person who is required to provide a bill of lading as required by this rule shall retain all records pertaining to the shipment for a period of 2 years following any entry into this state. The records shall be subject to inspection by the department at reasonable times.

History

• Rulemaking Authority 570.07(23), 570.15, 581.031(7) FS. Law Implemented 1.01, 570.15, 581.031(14)(a), (15)(a), (b), (20), 581.101 FS. History–New 5-27-96.

Fla. Admin. Code R. 5B-59.002 Standards for Determining When to Cease Use of a Pesticide During an Emergency Response to a Plant Pest Infestation Which Involves the Aerial Application of a Pesticide to an Urbanized Area

(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 to obtain and share all available human health effects information related to the Emergency Response, including, but not limited to:

(a) Aggregate information collected from physicians and hotline calls.

(b) Data generated by county health departments, poison control centers and related public health organizations relative to the monitoring of human health effects.

(c) Data generated by public health information or surveillance plans implemented to monitor, detect and investigate any health impacts under the Emergency Response.

(d) Physicians reports of patients treated for illnesses which may be exposure related.

(e) Documentation of exposures not addressed by any pesticide risk assessments that may have been prepared in connection with the Emergency Response.

(f) Data which provide for the comparison of health information from individuals or groups before and after treatments.

(2) The Department will request the Health Advisory Committee established under section 593.24, F.S., review the data obtained under subsection (1), dealing with potential human health effects in the Emergency Response area and provide its opinion regarding the existence or potential existence of adverse human health effects caused by the Emergency Response. If actual or potential adverse human health effects are identified, the Department will ask the Health Advisory Committee to evaluate the data in relation to the significance of the health effects identified by examining the data and providing its opinions, findings and recommendations on the following issues, where applicable:

(a) Whether the reported symptoms are consistent with the known toxicology of one or more of the materials in the pesticide mixture used.

(b) Whether the symptoms are consistent among the reported and documented cases.

(c) Whether the onset of symptoms is consistent with the timing of the exposure.

(d) If there is a relationship between the magnitude of the known, documented, or calculated exposure(s) and the severity of the reported symptoms.

(e) Whether other causes for the reported symptoms have been ruled out.

(f) Whether the expression of toxicity is biologically plausible.

(g) The severity of the reported symptoms.

(h) The number of cases reported and the number that are believed to be related to or caused by the Emergency Response.

(i) Whether or not the findings in relation to the review of data in paragraphs (a)-(h), support the conclusion that the combination of pesticide active ingredient, method of application and dosages used are causing or are likely to cause unreasonable adverse health effects to people in the Emergency Response area.

(j) If the answer in paragraph (i), is yes, whether or not the method of application or dosages or pesticide active ingredient used can be changed so that significant adverse health effects to people in the Emergency Response area are unlikely.

(3) The Department will discontinue use of a pesticide under an emergency response when the following standards are met:

(a) The Health Advisory Committee established under section 593.24, F.S., based on its review of data under subsection (2), provides its written conclusion that the pesticide active ingredient, method of application or dosages used are causing or are likely to cause unreasonable adverse health effects to people in the Emergency Response area; and,

(b) The method of application or dosages or pesticide active ingredient used for Emergency response can not be modified to such a degree to change the Health Advisory Committee’s conclusion that the combination of pesticide active ingredient, method of application or dosages used are causing or are likely to cause significant adverse health effects to people in the Emergency Response area; or

(c) The Department does not immediately implement modifications, if any, deemed necessary by the Health Advisory Committee to conclude that the combination of pesticide active ingredient, method of application or dosages used are not likely to cause unreasonable adverse health effects to people in the Emergency Response area.

History

• Rulemaking Authority 593.21 FS. Law Implemented 593.20, 593.21, 593.24 FS. History–New 6-9-02.

Fla. Admin. Code R. 5B-59.003 Tomato Plant Destruction

(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, or causing to be produced, tomatoes for market.

(b) Final Harvest. When an active pest management system is no longer maintained in the field following tomato harvest or if harvest has not occurred or not intended and no pest management system is being maintained.

(2) Tomato Plant Destruction. Within five days following the final harvest of a tomato crop, commercial tomato producers shall destroy remaining tomato plants on the production site using a chemical burn-down with a contact desiccant type herbicide that is EPA labeled and approved for this use such as paraquat or diquat that also contains a minimum three percent oil and a non-ionic adjuvant to destroy crop vegetation. This must be followed by immediate complete destruction by crop removal unless double cropping is planned.

(3) The commercial tomato producer failing to destroy tomato plants within five days following final harvest as described in subsection (2), shall be issued an immediate final order. An immediate final order issued by the department pursuant to this section shall notify the property owner that the tomato plants that are the subject of the immediate final order must be removed and destroyed unless the commercial tomato producer, no later than 10 days after delivery of the immediate final order requests and obtains a stay of the immediate final order from the district court of appeal with jurisdiction to review such requests. The commercial tomato producer shall not be required to seek a stay of the immediate final order by the department prior to seeking the stay from the district court of appeal. If the commercial tomato producer refuses or neglects to comply with the terms of the notice within 10 days after receiving it, the director or her or his authorized representative may, under authority of the department, proceed to destroy the tomato plants. The expense of the destruction shall be assessed, collected, and enforced against the commercial tomato producer by the department.

History

• Rulemaking Authority 581.031(17) FS. Law Implemented 570.32(5), (6), 581.031(6), (15), (17), 581.161, 581.181 FS. History–New 3-7-07.

Chapter 5B-60 CITRUS BUDWOOD PROTECTION PROGRAM

Fla. Admin. Code R. 5B-60.001 Definitions

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.002 Purpose

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.003 Plant Pest Declaration

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (6), (14), (23) FS. History–New 9-30-96, Amended 11-4-98, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.004 Citrus Budwood Protection Procedure Manual, Citrus Budwood Testing Manual, and Graft-transmissible Diseases of Citrus: Handbook for Detection and Diagnosis

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(23), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 6-12-00, 3-31-02, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.005 Citrus Budwood Technical Advisory Committee

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (23), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-18-04, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.006 Citrus Nursery Stock Propagation and Planting

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 6-12-00, 2-18-04, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.007 Parent Trees

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 6-12-00, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.008 Foundation Trees

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.009 Scion Trees

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 6-12-00, 2-18-04, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.010 Increase Trees

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 3-31-02, 2-18-04, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.011 Validated Tree

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 6-12-00, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.012 Source Tree Registration Certificate

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 3-31-02, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.013 Procedure for Identifying and Recording Citrus Nursery Stock

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 2-1-00, 2-18-04, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.014 Stop-Sale Notice or Hold Order (DACS-08016)

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 2-1-00, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.015 Fees

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 6-12-00, 2-18-04, Repealed 7-10-07.

Fla. Admin. Code R. 5B-60.016 Exemptions

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 9-30-96, Amended 11-4-98, 2-1-00, 6-12-00, 2-18-04, Repealed 7-10-07.

Chapter 5B-61 ADMINISTRATION OF ARTHROPOD LOTS AND RECORDS IN THE MUSEUM OF THE FLORIDA STATE COLLECTION OF ARTHROPODS

Fla. Admin. Code R. 5B-61.001 Administration of Arthropod Lots and Records in the Museum of the Florida State Collection of Arthropods

(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.

(b) Acquire. The process of agreeing to accept an arthropod specimen lot for the permanent collection of the museum and taking possession of the arthropod lot by any lawful method, including, but not limited to donation, bequest, purchase, transfer from another agency, staff field collections, or exchange.

(c) Allotype. The single specimen of the opposite sex in the type series of the holotype.

(d) Arthropod Lot. A unit of measure for an accession to the museum. An arthropod lot may consist of one or more arthropod specimens.

(e) Deaccession. The process of formally removing a state-owned arthropod lot from the museum’s permanent collections.

(f) Disposal. The process of permanently removing an arthropod lot from the museum’s permanent collections by one of the following means:

1. Transferring an arthropod lot to another agency, institution, organization, or individual, and moving the lot to the premises of that agency, institution, organization, or individual, or

2. Properly discarding or destroying an arthropod lot, if it has deteriorated or has been damaged beyond usefulness or repair.

(g) Donors. Individuals, institutions, agencies, museums, and universities that donate an arthropod lot to the museum.

(h) Holotype. The single specimen designated as the name-bearing type of a nominal species or subspecies.

(i) Regulatory lot. An arthropod lot submitted for identification through the division’s identification procedure.

(j) Paratype. Each specimen of a type series other than the holotype or allotype.

(k) Type. A particular kind of specimen as defined by the International Code of Zoological Nomenclature.

(l) Type Series. All the specimens seen by the describer and taken into account in the description of a new species.

(2) Purpose. The purpose of this rule chapter is to describe the archival procedures for the acquisition, accession, inventory, loan, and disposal procedures utilized by the Florida State Collection of Arthropods, hereinafter, the museum. Established in 1963, the museum is the department’s arthropod collection. The department was charged with the continued housing and curation of the state-owned arthropod collection. The museum serves as the repository for Florida type material; reference collection of arthropods collected worldwide for the routine daily arthropod identification service provided by the department; and a reference collection for the scientific study of the biology, systematics, and taxonomy of arthropods.

(3) Acquisition Procedures.

(a) An arthropod lot may originate for identification by museum staff and donation to the museum.

(b) Arthropod lots received for the purpose of the department’s identification responsibilities may be processed, identified, and accessioned; however, the lot itself may not necessarily be retained in the museum’s permanent collections based on the decision of a curator.

(c) The department delegates responsibility for initial contact with prospective donors to the museum’s curators and chief of bureau of entomology, nematology, and plant pathology.

(d) Receiving, acknowledging, and coordinating donations and donation-related matters is the responsibility of the head curator of the museum.

(e) In the first quarter of each year, previous donors are mailed a Calculation Form for Donations, DACS-08076. Form DACS-08076, Revised 4/01, is hereby adopted and incorporated by reference herein and may be obtained by writing or visiting the Division of Plant Industry, The Museum of the Florida State Collection of Arthropods, 1911 S.W. 34th Street, Post Office Box 147100, Gainesville, Florida 32614-7100. If a donation is made during the year, the donor supplies the completed forms with the donation (separate forms must be completed for each individual donation). The forms supply the information necessary to incorporate the lots into the museum. Forms are sent to the donor each time a donation is acknowledged. Upon receipt, the forms are reviewed for completeness; recounting and recalculation is done, if necessary. The donation is then fumigated and forwarded to the appropriate curator for incorporation into the museum. A letter acknowledging the donation and summarizing the donation is sent for each donation within two weeks of receipt.

(f) All acquisitions are considered to have potential scientific value relating to entomological taxonomic research or exhibition purposes. Retention in the museum is based on the evaluation of the appropriate museum curator for scientific value and the museum’s ability to provide proper storage, protection, and preservation for the lot.

(g) If the museum decides not to acquire a lot for its permanent collections, the lot is returned to the prospective donor or is disposed of by the appropriate curator.

(4) Accessioning Procedures. After the museum has acquired a lot, the lot is accessioned into the museum’s permanent collections. A regulatory lot is assigned a unique accession number. The accession number is based on the date of museum’s receipt and sequence of lot numbers. The museum maintains several electronic databases and files of paper records to document accessioned lots. The electronic data bases and paper records contain at least the following information about each regulatory lot: accession number, date of collection, date of museum receipt, geographic origin, host plant origin, name of collector, and name of identifier. The museum’s paper record file is catalogued by the taxonomic nomenclature of the arthropod and by the host of the arthropod. Additional paper record files may be maintained by a curator.

(5) Inventory of State-owned Arthropod Lots. The museum conducts an annual inventory of arthropod lots donated and identified for the previous fiscal year. A report is provided for the department’s annual report to the commissioner of agriculture.

(6) Loan of State-owned Arthropod Lots. An arthropod lot may be loaned to a taxonomist recognized by the museum as knowledgeable and providing justification for the loan in the area of the arthropod lot’s taxonomy. An Invoice of Specimens (DACS-08075) form accompanies each arthropod lot. Form DACS-08075, Revised 10/01, is hereby adopted and incorporated by reference herein and may be obtained from the Division of Plant Industry, Florida State Collection of Arthropods, 1911 S.W. 34th Street, Post Office Box 147100, Gainesville, Florida 32614-7100. The recipient completes the form indicating receipt of the arthropod lot and intended target date for return to the museum. Holotypes and allotypes, based on specimens from the museum, are to be returned unless other arrangements are agreed upon in specific instances. The first paratype, other than an allotype, must be deposited in the museum, unless other arrangements are agreed upon in specific instances. Representatives of both sexes are desired. Where the type series of a species is adequate in the museum, deposition of paratypes in several museum collections and/or collections of specialists in the group, following an agreement to this effect with the head curator of the museum, is encouraged. The museum must receive a list of all species retained with complete collection data for each specimen, or a group of specimens bearing the same collection data, including collector and host or habitat. Publications resulting wholly or in part from a study of material borrowed from the museum should include an acknowledgement to this collection. The abbreviation “FSCA” should be used in checklist citations. Two copies of any publication resulting wholly or in part from a study of material borrowed from the museum must be sent to the head curator. The museum requests an annual progress report in January of each year on material borrowed for study. Extensions of loans can be arranged.

(7) Disposal of State-owned Arthropod Lots. All decisions to remove an arthropod specimen/lot from the museum’s permanent collections for disposal are made in a manner that is in the best interest of the public and of the museum. The arthropod lot may be disposed of if the lot is not scientifically relevant and useful to the functions and activities of the museum or cannot be properly stored, preserved, or interpreted by the museum. The decision to dispose of a lot is made by the curator responsible for the taxonomic area of the arthropod lot. Additional scientific opinion may be sought from the head curator.

History

• Rulemaking Authority 570.07(13), (23), 570.903(8) FS. Law Implemented 570.07(32), 570.244(5), 570.32(1), 570.903(2)(a), 581.031(22), 581.195(1), (2) FS. History–New 3-31-02.

Chapter 5B-62 CITRUS NURSERY STOCK CERTIFICATION PROGRAM

Fla. Admin. Code R. 5B-62.001 Definitions and Purpose

(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 its life stages. It is a vector of citrus greening.

(b) Approved Citrus Nursery Site. A defined area that meets the certification requirements as prescribed by the Department.

(c) Approved Soil Pit. A soil source used for fill purposes, highway or road construction, or as an ingredient in plant growing or potting media that meets the Department’s requirements as to the absence of injurious nematodes of citrus.

(d) Asian Citrus Psyllid. The insect known as Asian citrus psyllid, Diaphorina citri, classified in the order Hemiptera: family Psyllidae and all of its life stages. It is a vector of citrus greening.

(e) Australian Citrus Dieback. A disease from Australia similar to citrus greening, but for which neither the causal organism nor the vector has been characterized and identified.

(f) Brown Citrus Aphid. Toxoptera citricida, classified in the order Hemiptera: family Aphididae and all of its life stages.

(g) Budwood. A portion of a stem or branch with a vegetative bud(s) used in propagation for budding or grafting.

(h) Certified Citrus Nursery. A nursery that has been certified by the Department as meeting the requirements for production of citrus nursery stock free of pests of citrus.

(i) Certified Tree. A scion tree meeting all the requirements of Chapter 5B-62, F.A.C., but not yet having borne fruit or nursery trees propagated from a certified scion tree.

(j) Citrus. All members and any hybrids of the family Rutaceae, including any plants, plant parts, fruits, seeds and any other parts thereof.

(k) Citrus Blight. A root graft-transmissible disease of unknown etiology associated with xylem dysfunction which results in wilting and slow decline of trees.

(l) Citrus Canker. A bacterial disease of citrus incited by the organism Xanthomonas campestris subsp. citri.

(m) Citrus Cachexia Viroid. A graft- and mechanically-transmissible viroid incited by the organism Hop Stunt viroid in the Pospoviroidae family and Hostuviroid genus. Disease symptoms include phloem deterioration and blockage in many mandarin, mandarin hybrids, Citrus macrophylla, Rangpur lime and sweet lime. This disease causes decline, stunting and crop reduction.

(n) Citrus Chlorotic Dwarf. A graft-transmissible disease vectored by the bayberry whitefly, Parabemisia myricae, classified in the order Hemiptera and family Aleyrodidae. It is a disease of the Eastern Mediterranean causing chlorotic patterns and distortion in young leaves, stunting of young trees and reduced yields in lemon, mandarin, grapefruit and to a lesser degree sweet orange.

(o) Citrus Exocortis Viroid. The organism that incites a graft- and mechanically-transmissible pathogen in the Pospoviroidae family and Pospoviroid genus. Disease symptoms include tree decline, stunting of growth, scaling and shelling of the rootstock bark of Poncirus trifoliata and many P. trifoliata hybrids and Rangpur lime.

(p) Citrus Greening. A phloem-limited bacterial disease of citrus and citrus relatives incited by the organism Candidatus Liberibacter spp., (also known as huanglongbing or yellow dragon disease) that is vectored by Diaphorina citri and Trioza erytreae. Disease symptoms include mottled foliage, asymmetrical bitter fruit, and infected trees which become non-productive and die.

(q) Citrus Leaf Blotch Virus. Also known as Dweet Mottle, it is a wide-spread, graft-transmissible and seed-transmissible disease with no known vector. It is incited by a virus in the genus Citrivirus in the Betaflexiviridae. It may cause a bud-union disorder in certain varieties on specific rootstocks.

(r) Citrus Leprosis Virus. A non-systemic virus disease incited by a virus in the Cilevirus genus, is not currently assigned to a family, and is vectored by mites in the Brevipalpus genus. It is a problem in Brazil through upper Central America. It causes a non-systemic infection in citrus with local necrotic lesions on fruit and leaves with leaf and fruit drop, twig die back and where the vector is not controlled, death of the tree.

(s) Citrus Nursery Stock Certification Program. A mandatory program administered by the Division of Plant Industry whereby registered nurserymen, or other researchers, under permit, are propagating citrus, including all dooryard, own-use and commercial plantings, are required to propagate citrus in accordance with these rules.

(t) Citrus Psorosis Virus. A graft-transmissible virus thought to also be transmitted by a soil fungus in the Olpidium genus. Mild psorosis A and Severe psorosis B are caused by viruses in the Ophiovirus genus in the Ophioviridae family. Symptoms include bark-scaling, internal wood staining, ringspots or irregular chlorotic patterns in the foliage and/or eventual tree decline.

(u) Citrus Stubborn. A graft-transmissible disease that is incited by Spiroplasma citri and vectored by several species of leaf hopper (order Hemiptera: family Cicadellidae). Symptoms include buds on newly budded trees not sprouting, acorn-shaped fruit on diseased trees, small shoots and leaves, the presence of witches’ brooms and flowering out of season. It is present in California and Arizona.

(v) Citrus Sudden Death. A disease of unknown etiology thought to have an insect vector. Symptoms include rapid decline of trees budded on Rangpur lime and to a lesser extent on Volkamer lemon in Brazil.

(w) Citrus Tatter Leaf Virus. A graft- and mechanically-transmitted disease incited by a virus also called citrange stunt or apple stem grooving virus in the Capillovirus genus which is assigned to the virus family Flexiviridae. Symptoms include a severe bud-union crease, which affects trees on trifoliate orange or trifoliate orange hybrid rootstocks causing death of the tree.

(x) Citrus Tristeza Virus. A graft-transmissible Closterovirus in the Closteroviridae which is transmitted by aphids (primarily brown citrus aphid, Toxoptera citricida). Severe strains, as opposed to mild strains, of the virus cause severe stem pitting, seedling yellows or quick decline on sour orange rootstock, any of which can result in reduced crops or death of the trees.

(y) Citrus Variegated Cholorosis. A graft-transmissible disease incited by a strain of Xylella fastidiosa, a fastidious xylem-inhabiting bacterium which is vectored by many species of sharp shooters (order Hemiptera: family Cicadellidae). It is also seed-transmitted. It is found in Brazil and up into Central America. Affected trees are stunted with dieback and have fruit that are small and ripen early.

(z) Citrus Vein-Enation Virus. A graft-transmissible disease also called woody gall is transmitted in a persistent manner by aphid vectors including Toxoptera citricida, Myzus persicae and Aphis gossypii (order Hemiptera: family Aphididae). It is thought to be incited by a virus of unknown etiology possibly closely related to the Luteoviridae. It is widespread throughout the cooler citrus growing regions of the world and is present in California. It is symptomless in the majority of citrus cultivars and is not considered of major economic importance. Wood galls are formed on the trunks and branches of Rough and Volkamer lemons. Severe infection on these rootstocks has been reported to eventually cause tree decline.

(aa) Citrus Viroids. Viroids in the family Pospiviroidae and the genus Apscaviroid (Citrus bent leaf viroid, Citrus viroid I, Citrus viroid V), Citrus viroid III, the genus Cocaviroid (Citrus viroid IV), the genus Pospiviroid (Citrus exocortis viroid) and the genus Hostuviroid (Citrus cachexia viroid).

(bb) Citrus Yellow Mosaic Virus. A graft- and mechanically transmissible disease that is also vectored by the citrus mealybug, Planococcus citri (order Hempitera: family Pseudococcidae). It is incited by a Badnavirus in the Caulimoviridae family. Symptoms include yellow mosaic on leaves, reduced leaf size, stunted trees and fruit with elevated green areas and depressed yellow patches. It is known to be in India.

(cc) Clone. An asexually reproduced cultivar; a group of genetically uniform plants that have been propagated vegetatively from a single original plant.

(dd) Commercial citrus grove. A solid set plantings of 40 or more citrus trees.

(ee) Commercial Citrus Nursery Stock. Citrus nursery stock to be used in or for establishing a planting of 40 or more citrus trees.

(ff) Concave Gum/Blind Pocket. Graft-transmissible or seed transmitted pathogens causing infected trees to have concavities in the trunk and main branches. The disease is found in most citrus-growing areas where it reduces yield and tree vigor.

(gg) Cooperating Agencies. The University of Florida and the United States Department of Agriculture shall be regarded as cooperating agencies.

(hh) Decline. An unknown disorder that causes citrus trees to become unhealthy and show receding vigor, and/or a significant amount of dieback.

(ii) Dooryard Citrus Nursery Stock. Citrus plants to be used only in a residential setting or for establishing a planting of less than 40 citrus trees.

(jj) Florida Gummosis. A disease of unknown etiology characterized by bark cracks and gumming of scions. This disease is called Rio Grande gummosis in Texas and ferment gum disease in California.

(kk) Foundation Tree. A citrus tree owned and maintained by the department in accordance with Rule 5B-62.014, F.A.C., that is used to provide a source of budwood to nurserymen, primarily for establishing scion and increase trees.

(ll) Graft-Transmissible Pathogens. Disease agents spread by vegetative propagation including but not limited to budding, grafting, air-layering and cuttings. This general term includes known viruses, viroids, bacteria, spiroplasmas and other non-identified virus-like pathogens of citrus.

(mm) Horticulturally True-To-Type. A plant which conforms to the description of a particular cultivar and which is from the same genetic line of descent as that cultivar.

(nn) Increase Trees. Specially designated nursery propagations made to rapidly multiply supplies of propagative material for citrus nursery tree production and meeting all the requirements of Rule 5B-62.016, F.A.C.

(oo) Indian Citrus Ringspot Virus. A disease of mandarin in India incited by a Mandarivirus in the Alphaflexiviridae family.

(pp) Melon Aphid. Aphis gossypii, classified in the order Hemiptera: family Aphididae and all of its life stages that is also known as the cotton aphid. It is a vector of citrus tristeza virus.

(qq) Micropropagated – The use of a plant part to initiate the tissue culture process.

(rr) Parent Tree. A citrus tree of unique germplasm that has met all of the requirements of Rule 5B-62.013, F.A.C., and has been registered with the Department.

(ss) Polymerase Chain Reaction (PCR). A highly sensitive laboratory test that can detect small amounts of DNA or RNA in a plant tissue sample by amplification of a specific DNA or RNA segment.

(tt) Progeny Nursery Tree. A citrus nursery tree produced from budwood from a registered source tree in accordance with instructions outlined in this rule chapter.

(uu) Propagative Material. Any live plant material used to produce nursery stock, including cuttings, budwood, seeds, seedlings, air layers and tissue culture.

(vv) Registration. The process of certifying source trees as being virus-tested and meeting the requirements of these rules, including annual renewal by notification and fee payment.

(ww) Rootstock. A plant used as the recipient understock in budding or grafting.

(xx) Satsuma Dwarf Virus. A graft- and mechanically-transmissible disease which apparently also has a non-nematode soil vector. It is incited by a Nepovirus species which is assigned to the viral family Comoviridae. Satsuma trees infected with Satsuma Dwarf Virus will display a range of leaf symptoms including narrow, boat or spoon-shaped leaves, the surfaces of which are often distorted or crinkled. A severely affected tree has poor fruit-set, its fruit are small and irregularly shaped and tree vigor is reduced.

(yy) Scion Tree. A citrus tree grown in accordance with Rule 5B-62.015, F.A.C., from budwood taken from a registered foundation tree and registered with the Department as a source of budwood.

(zz) Seed Source Tree. A tree that originates from a foundation or parent tree source and is used to supply seed for nursery propagation; must be registered and tested by the department for the seed-transmitted diseases as listed in Rule 5B-62.003, F.A.C.

(aaa) Severe Strains of Citrus Tristeza Virus. Strains of Citrus Tristeza Virus that have been identified by the Department as being harmful to citrus production in Florida.

(bbb) Source Tree. A citrus tree that has met all of the requirements as a source of budwood or propagative material, i.e., a scion tree, increase tree, foundation tree or seed source tree.

(ccc) Tests. Standardized laboratory, biological greenhouse or field plot tests for certain graft-transmissible pathogens before trees are eligible for registration as source trees as contained in the Citrus Budwood Testing Manual, Revised 03/14, as incorporated in Rule 5B-62.004, F.A.C., or approved by the Citrus Budwood Technical Advisory Committee.

(ddd) Witches’ Broom Disease of Lime. A disease of Citrus aurantiifolia, small-fruited acid lime. It is found in Asia and is incited by a Candidatus aurantifolia phytoplasma and thought to be vectored by Hishimonous phycitis (order Hemiptera: family Cicadellidae).

(2) The purpose of this rule chapter is to minimize the spread of serious graft-transmissible diseases and certain other pathogens as well as nematodes of citrus by requiring all nurserymen propagating citrus to participate in a mandatory citrus nursery stock certification program. The requirements for program participation are established in this chapter. It is intended that there shall be no propagation of citrus nursery stock except as provided in this chapter and it shall be unlawful to plant citrus nursery stock in Florida unless that citrus nursery stock has been propagated pursuant to this chapter.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.002 Purpose

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Repealed 2-25-15.

Fla. Admin. Code R. 5B-62.003 Plant Pest Declaration

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) Aphis gossypii – melon aphid.

(2) Nematodes:

(a) Plant-parasitic nematodes not known to occur in Florida. The following nematodes present a serious threat to Florida’s commercial citrus industry:

1. Hemicycliophora arenaria – a sheath nematode.

2. Meloidogyne species – root-knot nematodes.

(b) Plant – parasitic nematodes, which are known to be established in Florida. The following nematodes present a serious threat to Florida’s commercial citrus industry:

1.Radopholus similis – burrowing nematode.

2. Tylenchulus semipenetrans – a citrus nematode.

3. Pratylenchus coffeae – a root-lesion nematode.

(3) Pathogens:

(a) Citrus pathogens not known to occur in Florida. The following pathogens present a serious threat to Florida’s commercial citrus industry:

1. Australian citrus dieback.

2. Citrus chlorotic dwarf.

3. Citrus leprosis virus.

4. Citrus stubborn.

5. Citrus sudden death.

6. Citrus variegated cholorosis (seed-transmitted).

7. Citrus vein-enation virus.

8. Citrus yellow mosaic virus.

9. Indian citrus ringspot virus.

10. Satsuma dwarf virus.

11. Witches’ broom disease of lime.

(b) Economically important endemic citrus pathogens known to occur in Florida and tested by the Citrus Budwood Registration Bureau:

1. Citrus canker.

2. Citrus greening (huanglongbing).

3. Citrus leaf blotch virus (seed-transmitted).

4. Citrus psorosis virus.

5. Citrus tatter leaf virus (apple stem grooving virus) (seed-transmitted).

6. Citrus viroids.

7. Concave gum/blind pocket (seed-transmitted).

8. Citrus tristeza virus (severe strains).

(4) Any plant virus, viroid, plant parasitic nematode, biotype or arthropod not listed and identified as injurious to citrus.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.004 Manuals

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 08/14, are hereby adopted and incorporated by reference Copies are available from the Florida Department of Agriculture and Consumer Services, Bureau of Citrus Budwood Registration, 3027 Lake Alfred Road, Winter Haven, FL 33881. The Citrus Nursery Stock Certification Procedure Manual, Revised 08/14, is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04736. The Citrus Budwood Testing Manual, Revised 08/14, is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04735.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.005 Forms

(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, Winter Haven, FL 33881-1438, or online as indicated.

(a) Form FDACS-08004, Revised 05/14, Application for Certificate of Registration,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04721.

(b) Form FDACS-08014, Revised 05/12, Phytosanitary Certificate,

http://www.flrules.org/Gateway/reference.asp?No=Ref-047222.

(c) Form FDACS-08038, Revised 05/12, Citrus Nursery Stock Movement Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-04723.

(d) Form FDACS-08066, Revised 04/08, Application to Produce Citrus Nursery Stock,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04724.

(e) Form FDACS-08071, Revised 03/14, Growers Record of Registered Scion Tree Movement,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04725.

(f) Form FDACS-08072, Revised 03/14, Certificate of Source Tree Registration, http://www.flrules.org/Gateway/reference.asp?No=Ref-04726.

(g) Form FDACS-08084, Revised 05/12, Application To Introduce Citrus Plants And Citrus Plant Parts,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04727.

(h) Form FDACS-08111, Revised 03/14, Certification to Witness Registered Budwood,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04728.

(i) Form FDACS-08172, Revised 03/14, Source Tree Bud Cutting Report,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04729.

(j) Form FDACS-08218, Revised 05/12, Budwood Order Form,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04730.

(k) Form FDACS-08274, Revised 05/12, Application and Permit to Plant Citrus Pathogen Infected Stock,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04731.

(l) Form FDACS-08298, Revised 03/14, Parent Tree Candidate Entry Form,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04732.

(m) Form FDACS-08318, Revised 03/14, Research Facility Compliance Agreement,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04733.

(n) Form FDACS-08319, Revised 12/12, Citrus Budwood Bureau Invoice,

http://www.flrules.org/Gateway/reference.asp?No=Ref-04734.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (4), (8), (23), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (15), (17), (23), 581.131, 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.006 Citrus Budwood Technical Advisory Committee

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 members who shall be commercial citrus fruit producers or employees of producers;

(3) Four members from the Institute of Food and Agricultural Sciences of the University of Florida or the USDA Agricultural Research Service and who shall be non-voting advisors to the committee;

(4) Four members who shall be employees of the department and who shall be non-voting advisors to the committee;

(5) Two alternate members, one who shall be from subsection (1), and one who shall be from subsection (2), and who shall be non-voting members to the committee, and have voting rights only on the absence of members from subsection (1) or (2);

(6) The above appointed committee shall elect a chair and meet when called by the committee chair. This committee shall make recommendations to the department on matters pertaining to this rule chapter such as germplasm introduction, nursery stock certification, testing procedures, and other Citrus Budwood Protection Program procedures. In appointing the committee, the Commissioner will select members from various geographical areas who represent a broad cross-section of the industry and impacted businesses.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (23), 570.0705, 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.007 Citrus Nursery Stock Certification Program

(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 warranty on the part of the nurserymen, the department, or any employee thereof.

(2) Prior to propagating nursery stock (including dooryard, own-use and commercial citrus), nurserymen and growers shall:

(a) Register with the Division of Plant Industry by filling out an Application for Certification of Registration, FDACS-08004, Revised 05/14, as incorporated in Rule 5B-2.002, F.A.C.

(b) Submit an Application to Produce Citrus Nursery Stock, FDACS-08066, Revised 04/08, as incorporated in Rule 5B-62.005, F.A.C.

(c) Applicants must comply with all the conditions that apply to the Citrus Nursery Stock Certification Program as specified in this rule chapter.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.008 Requirements for Citrus Nursery Site Approval

(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 subfamilies Aurantioideae, Rutoideae, and Toddalioideae.

(2) Sites found to be infested with nematodes listed in Rule 5B-62.003, F.A.C., will not be approved for in-ground production of citrus nursery stock. Citrus nursery stock may be produced on the site if grown on benches at least 18 inches above ground.

(3) The site must be well drained with no runoff from surrounding areas.

(4) The site must have a water supply for irrigation without using surface water.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15, 12-28-25.

Fla. Admin. Code R. 5B-62.009 Requirements for Citrus Nursery Sanitation

(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 incorporated in Rule 5B-62.004, F.A.C.

(a) Budding knives, clippers and other cutting implements shall be sterilized between different groups of propagations using a solution of household bleach 20% by volume. Sterilization solution shall be made up fresh each day.

(b) All equipment should be kept on site.

(2) Nursery employees who work with citrus produced outside of the structure shall not return to work within the structure until the following day.

(3)(a) Prior to entering the nursery everyone must decontaminate with a personal decontamination product as described in the Citrus Nursery Stock Certification Manual, Revised 08/14, and wear a clean garment provided by the nursery. A link to a recommended list of products is found in the Citrus Nursery Stock Certification Manual. If gloves are worn, they must be disposable gloves or decontaminated each day and kept on site.

(b) All persons entering a registered citrus nursery structure as specified in Rule 5B-62.010, F.A.C., or a soil storage area shall walk through a sanitizing foot bath containing a decontaminant such as copper sulfate or equivalent product labeled for such purposes.

(4) All plants, plant parts (except seed), soil, peat, sawdust, mulch, manure or other plant-growing or potting media entering the approved site for the production of commercial citrus nursery stock must be accompanied by a letter issued by the department indicating that the product is free from the burrowing nematode Radopholus similis.

(5)(a) All pots, cans or other containers used to produce commercial citrus nursery stock free of nematodes of citrus must be stored in such a manner to prevent contact with the ground or contamination by flooding, rain-soil-splatter or ground water runoff.

(b) Growing containers shall be cleaned and decontaminated between crops of commercial citrus nursery stock.

(6) All nematode-certified growing or potting media used for commercial citrus nursery stock must be stored at least 18 inches above the ground or on concrete or asphalt that is above ground level and not subject to flooding or ground water runoff.

(7) Non-certified nursery stock shall not be grown in or introduced into the same greenhouse or structure with certified citrus nursery stock.

(8) Any plant certified free of nematodes that is dropped or set on the ground no longer meets nematode certification and shall not be returned to the bench.

(9) Nursery records shall be made available to division inspectors for:

(a) All chemical applications;

(b) Nursery budding and tree movement records.

(10) It shall be the responsibility of the nurseryman to:

(a) Prevent encroachment of Rutaceous subfamilies Aurantioideae, Rutoideae and Toddalioideae plants, and the use of non-certified material, which would endanger the nursery site of becoming infested with injurious nematodes of citrus.

(b) Follow established sanitation procedures to prevent nematode, Diaprepes, psyllid, aphid or other common plant pest infestation of the nursery site as described in the Citrus Nursery Stock Certification Manual, Revised 08/14.

(11) Nursery areas and perimeter shall remain weed free.

(12) Citrus nursery sites must be planted within 12 months of departmental approval.

(13) Any citrus nursery stock or budwood source tree found infected or exposed to plant pest infestation shall be subject to immediate quarantine action and will not be eligible for certification until released from quarantine by the department.

History

• Rulemaking Authority 570.07(23), 581.031(1), 581.1843(3) FS. Law Implemented 570.07(13), 581.031(1), (6) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.010 Requirements for Citrus Nursery Structure

(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 maintained in a structure at an approved site as follows:

(a) A structure must have enclosed sides and tops built to exclude insects with positive pressure double-door entries. Sides and roofs shall at a minimum exclude melon aphids.

(b) If cooling pads and fans are used, they must be enclosed with insect screen that will allow for adequate air displacement.

(c) If the integrity of the structure is compromised or breached, the citrus nursery stock shall be subject to immediate quarantine action and will not be eligible for certification until released from quarantine by the department after a risk evaluation as set forth in subsection 5B-62.024(2), F.A.C.

(d) Citrus nursery stock may be moved from one structure into another structure on the same site provided the plants are in the process of being actively relocated and are not subjected via open air exposure to citrus pests and diseases.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.011 Requirements for Citrus Propagation

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 source trees produced or grown in accordance with Rule 5B-62.012, F.A.C.

(2) Budwood shall be taken under the direct supervision of a witness authorized by the department via a Certification To Witness Registration Budwood. FDACS 08111, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C. Budwood from each source tree shall be wrapped separately. Each bundle shall be labeled showing variety, the tree identification number and the number of buds counted or estimated.

(3) All propagative material data including topworking shall be recorded on a Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., and submitted to the Bureau of Citrus Budwood Registration at the time of collection. Persons authorized to fill out a Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, must sign a Certification To Witness Registered Budwood, FDACS-08111, Revised 03/14.

(4) Propagations from each source tree shall be maintained in nursery rows or on greenhouse benches so that each group can be traced back to an individual source tree. Nurserymen shall use permanent tags to label each separate group of propagations with the source tree registration number.

(5) All citrus nursery stock and propagative plant parts shall remain within the approved structure at all times or be moved under protective cover.

(6) Topworkinig must be done using registered or certified budwood grown within a structure as described in the Citrus Nursery Stock Certification Manual, Revised 08/14, as incorporated in Rule 5B-62.004, F.A.C. Topworked trees cannot be moved after budding. Topworking must comply with subsections (1)-(3), above, all other propagation must comply with subsections (1)-(5), above.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.012 Source Trees

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 of the department and shall be reported on a Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(2) The source trees shall be budded on nursery rootstocks which have not previously had a bud inserted in them, except that, if re-budding is necessary, buds from the same registered source tree as the original shall be used.

(3) The nurseryman shall furnish the Bureau of Citrus Budwood Registration the Budding Record Location portion on the Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, within 30 days following date of budding. The Budding Record Location on the Source Tree Bud Cutting Report shall identify the location in the nursery of the progeny trees.

(4) The source trees shall have at no time shown symptoms of graft-transmissible pathogens or other diseases listed in Rule 5B-62.003, F.A.C.;

(5)(a) Parent and scion source trees shall have tested negative for severe strains of citrus tristeza virus, citrus greening, citrus viroids, citrus leaf blotch virus, psorosis virus and citrus tatter leaf virus, by the department and shall be apparently free, based on visual inspections, from Florida gummosis, citrus blight, decline, evidence of unacceptable bud mutation, citrus canker, citrus greening and other quarantinable pests.

(b) Source trees meeting the specifications of increase trees will not be individually tested and shall meet the additional requirements of Rule 5B-62.016, F.A.C.

(c) Seed source trees must meet the requirements of Rule 5B-62.028, F.A.C., and be tested and found free of citrus leaf blotch virus and citrus tatter leaf virus. Seed source trees not originating from registered stock must enter the parent tree testing program and be tested and found free of seed transmissible pathogens listed in Rule 5B-62.003, F.A.C.

(6) Source trees shall be grown under protective cover as specified in Rule 5B-62.010, F.A.C.

(7) Source trees meeting all the above requirements will be certified sources of budwood and shall have a Certificate of Source Tree Registration, FDACS-08072, Revised 03/14, as specified in Rule 5B-62.017, F.A.C., issued. For increase trees, the Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, must be used.

(8) Source trees meeting all the above requirements and originated from program registered parent clones shall be registered sources of budwood upon being inspected for fruit trueness-to-type.

(a) Increase trees are not required to produce fruit to become registered.

(b) Scion trees that have not fruited may be used as certified sources of budwood to propagate certified nursery trees.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.013 Parent Trees

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 Certification Program, the owner shall sign a Parent Tree Candidate Entry Form, FDACS-08298, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(1) Prospective parent trees. As a prerequisite to entry into the program, the person entering the parent tree for consideration must provide a brief history or background of the selection that includes the location of tree from which the testing material is taken.

(2) The parent tree should be exceptional, distinctive, or unique in regards to its vigor, fruit, disease resistance, or any other characteristic that would make it of value to cultivate.

(3) Prospective parent trees of exceptional horticultural value that are found to be infected with one or more graft-transmissible pathogens can be subjected to shoot-tip grafting or other acceptable techniques to eliminate graft-transmissible pathogens provided this is done under the supervision of the department. Plants that are shoot-tip grafted shall be retested for the graft-transmissible pathogen detected, subject to all other registration requirements and if shoot-tip grafted by the department, made available for distribution to all interested nurserymen and growers if approved by the owner.

(4) The parent tree or shoot-tip graft shall have tested negative for all the endemic diseases listed in paragraph 5B-62.003(3)(b), F.A.C.

(5) All trees propagated for testing in the department’s facilities shall become property of the department.

(6) Parent trees will not be used for a source of propagating material; rather the tested registered propagation from the parent tree or shoot-tip graft will be the source material of the parent tree clone to be used to establish foundation or scion trees.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.014 Foundation Trees

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 be the source for all scion trees.

(3) Foundation trees shall meet all the requirements in Rule 5B-62.012, F.A.C., for source trees.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended 2-25-15, 12-28-25.

Fla. Admin. Code R. 5B-62.015 Scion Trees

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 department on Growers Record of Registered Scion Tree Movement, FDACS-08071, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(2) Registered scion trees shall be vigorous, productive, and horticulturally true-to-type and shall have borne fruit.

(3) Scion trees on which annual registration fees are not paid shall be removed from the protected greenhouse within 30 days of the second notification from the department.

(4) Scion trees found infected with a pathogen shall be removed from the protected greenhouse within 10 days of notification of test results from the department.

(5) Scion trees shall meet all the requirements in Rule 5B-62.012, F.A.C., for source trees.

(6) All scion trees must be located in a structure as described in Rule 5B-62.010, F.A.C.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.016 Increase Trees

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 scion trees.

(2) There must be a minimum vacant space of 24 inches between each clone of increase trees planted in the ground and 12 inches between each clone of plants grown on greenhouse benches (or a well-defined physical barrier between clones) with each clone individually identified.

(3) Trees propagated as increase trees under this rule chapter serve as registered sources of budwood with no testing required for a period of up to 36 months from budding.

(4) Nursery stock propagated from increase trees shall not serve as further sources of registered budwood.

(5) Increase trees from foundation trees used for increase budwood shall qualify for scion grove planting in accordance with Rule 5B-62.015, F.A.C.

(6) Increase trees shall meet all the requirements in Rule 5B-62.012, F.A.C., for source trees.

(7) Increase trees found infected with a pathogen shall be removed from the protected greenhouse within 10 days of notification of test results from the department.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.017 Source Tree Registration Certificate

(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 number or by identification number. Only those trees having a “Reg” (Registered) or “Cert” (Certified) in the Reg (Registered) column shall qualify for budwood cutting. This certificate shall be sent to the owner or agent of the source trees and copies shall be filed in the office of the Bureau of Citrus Budwood Registration at 3027 Lake Alfred Road, Winter Haven, Florida 33881. When registering increase trees, the Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., shall be used instead of a Certificate of Source Tree Registration, FDACS 08072, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(2) Duration of registration certificate. The Certificate of Source Tree Registration, FDACS-08072, Revised 03/14, shall be valid for a period of 12 months unless revoked due to failure to meet the requirements herein or voluntary withdrawal by the participant. The Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, for increase blocks completed and filed with the Bureau of Citrus Budwood Registration shall be valid for a period of 36 months.

(3) Renewal. Source tree registration may be renewed, subject to continued eligibility, at the end of each 12 month period with the payment of a renewal fee as described in Rule 5B-62.025, F.A.C.

(4) Billing. Annual source tree registration fees shall be billed annually on the Citrus Budwood Bureau Invoice, FDACS-08319, Revised 12/12, as incorporated in Rule 5B-62.005, F.A.C.

(5) Cancellation. Certificate of Source Tree Registration, FDACS-08072, Revised 03/14, will be suspended upon:

(a) The detection of citrus pest or pathogens in the source tree or a progeny of the source tree;

(b) Alteration or misuse of the registration number;

(c) Mishandling of budwood taken from source trees, or the records thereof, which may confuse the facts regarding identity of source trees or nursery stock propagated from source trees;

(d) Evidence of an unacceptable degree of bud mutation on the source or progeny trees;

(e) Evidence that source trees are being allowed to decline or become unthrifty due to neglect, disease, pest infestation, or severe weather conditions;

(f) Failure to follow proper budwood harvesting sanitation procedures;

(g) Failure to pay fees.

(6) Registration fees will not be refunded if the Certificate of Source Tree Registration, FDACS-08072, Revised 03/14, is canceled.

(7) Reinstatement. The Certificate of Source Tree Registration suspended as provided above will be reinstated when:

(a) Delinquent fees are paid;

(b) Careful examination or laboratory tests fail to disclose any evidence of the citrus pest or pathogens that cause the suspension;

(c) The source trees found to be pathogen-infected are removed from the planting;

(d) Unhealthy plantings or substandard trees are restored to a healthy condition.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.018 Procedure for Identifying and Recording Commercial Citrus Nursery Stock

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-08038, Revised 05/12, as incorporated in Rule 5B-62.005, F.A.C., at the time of delivery.

(1) If the nursery stock was propagated from a certified tree, the Citrus Nursery Stock Movement Report, FDACS-08038, Revised 05/12, must contain this information and the statement that the certified source had not yet been inspected for fruiting.

(2)(a) All movements of nursery stock shall be recorded on and accompanied by a Citrus Nursery Stock Movement Report, FDACS-08038, Revised 05/12. The Citrus Nursery Stock Movement Report, FDACS-08038, Revised 05/12, is substantiation of the movement of citrus trees. The nurseryman or grower shall keep these records FDACS-08038, Revised 05/12, for a period of three years, which shall be available for examination by the department.

(b) Nurserymen may print the Citrus Nursery Stock Movement Report, FDACS-08038, Revised 05/12, on their invoices upon approval by the Division of Plant Industry.

(3) All movements of nursery stock shall also comply with all department requirements pertaining to the inspection and certification as to freedom from plant pests.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.019 Inter- or Intra-Nursery Movement of Plant Material

(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 05/12.

(3) Budwood cannot leave or enter a nursery without a Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(4) Scion trees cannot leave or enter a nursery without a Growers Record of Registered Scion Tree Movement, FDACS-08071, Revised 3/14, as incorporated in Rule 5B-62.005, F.A.C.

(5) All seed movement must be accompanied with a Citrus Nursery Stock Movement Report, FDACS-08038, Revised 05/12, or equivalent invoice that indicates the origin of the seed by seed block.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.020 Retail Sales

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, including larger landscape citrus trees, must be segregated from other nursery stock and maintained in a secure screen enclosure.

(a) Prior to entering the enclosure and upon exiting the enclosure, employees and customers must decontaminate hands, shoes and other articles coming into contact with citrus with an approved decontamination product.

(b) Retail outlets having fewer than 250 citrus trees in stock or retail sales areas within a larger nursery where fewer than 250 citrus trees are displayed for sale at any given time are exempt from subsection (2), provided the trees are maintained pest- and disease-free.

(3) All retail citrus trees must be tagged with information to identify the variety of the root stock and scion stock and producing nursery. Each individual tree shall be identified with a slip-on label displaying the following information:

(a) The producing nursery’s certificate of nursery registration number that was issued by the department. It is not necessary to include the name of the producing nursery on the label.

(b) The variety name, rootstock and month and year acquired.

(4) Unsold citrus trees at a retail outlet must not be returned to the producing nursery or placed back within the structure. Citrus trees may be returned to the nursery in cases where delivery to the retail outlet was not possible provided they are segregated from other citrus nursery stock.

(5) Any retail citrus tree found to be infested with or exposed to the Asian citrus psyllid shall be subject to quarantine action.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.021 Requirements for Soil Pit Approval

(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 nematodes of citrus as described in Rule 5B-62.003, F.A.C. Minimum distances shall be measured from the dripline of host plants and from the edge of rights-of-way of any public or private thoroughfare.

(2) The soil pit shall be at least the minimum distances specified as follows:

(a) One hundred feet maintained free of hosts from known infestations of any injurious nematodes of citrus as described in Rule 5B-62.003, F.A.C.

(b) Fifty feet maintained free of hosts from land planted or previously planted to host plants and from all rights-of-way or public thoroughfares with a negative sampling.

(3) It shall be the responsibility of the owner of an approved soil pit to maintain adequate security around the approved soil pit to prevent the entry of non-certified regulated articles.

History

• Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(1), (6) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.022 Requirements for Utility and Road Construction

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 that has been sampled by the department and found free of nematodes injurious to citrus.

History

• Rulemaking Authority 570.07(23), 581.031(1), (5) FS. Law Implemented 581.031(5) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.023 Stop-Sale Notice and Hold Order

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 03/14, as incorporated in Rule 5B-62.005, F.A.C., to the Bureau of Citrus Budwood Registration.

(3) Misrepresenting citrus nursery stock as being progeny of registered source trees.

(4) Misrepresenting the type of source tree from which citrus nursery stock was produced as certified trees.

(5) Mishandling of budwood or scions, citrus nursery stock or misuse of records thereof which do not verify or substantiate the correct parentage of citrus nursery stock or source trees.

(6) Knowingly propagating budwood not meeting the requirements of this rule.

(7) Any citrus nursery stock found infected with plant pests listed in Rule 5B-62.003, F.A.C., or exposed to plant pests listed in Rule 5B-62.003, F.A.C., to such a degree that infestation is likely even if no visible symptoms are present. The presence of citrus canker or citrus greening in close proximity to a citrus nursery will not result in an automatic quarantine of the nursery provided the citrus nursery stock is in compliance with the other requirements of this rule chapter.

(8) Any budwood source tree found infected with plant pests listed in Rule 5B-62.003, F.A.C., or exposed to plant pests listed in Rule 5B-62.003, F.A.C., to such a degree that infestation is likely even if no visible symptoms are present. Budwood source trees found infested with Asian citrus psyllids will be immediately quarantined and suspended from budwood cutting.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.024 Release from Quarantine or Withdrawal of Stop-Sale Notice and Hold Order

(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 after evaluation by department scientists.

(2) Risk evaluation shall be based on:

(a) Deficiencies existing prior to correction within the past two years.

(b) Number of past actions taken by the division within the past two years.

(c) Type of pathogen or vector of concern.

(d) Identification of pathogen or vector.

(e) Test results.

(f) Presence or absence of pathogens, vectors and hosts in the geographic area of nursery site at such distances or levels that spread of these pathogens or vectors into the nursery is either likely or not.

(g) Degree of infestation or population numbers of vectors.

(h) Chemical application records supporting appropriate use of pesticides.

(i) Destruction or treatment of infested material.

(j) Interviews with employees or customers familiar with operational procedures.

(k) The implementation of a catastrophic weather plan.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.025 Fees

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, $5.00 minimum

Cut from foundation trees Tip cuttings (6 inches)

$1.00 each

Tip cuttings (6 inches)

$2.00 each (Out-of-State)

New Division of Plant Industry releases

$1.00/eye (first year)

Budwood shipment

$2.00/eye, plus a $100 processing fee (Out-of-State/Foreign)

Citrus seed

$100 per quart

Shipping and handling fee for budwood and seed in Florida

Actual cost

1Requests for budwood are submitted on a Budwood Order Form, FDACS-08218, Revised 05/12, as incorporated in Rule 5B-62.005, F.A.C.

(1) Fees shall be paid prior to obtaining a Certificate of Source Tree Registration, FDACS-08072, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C., and annually thereafter on the anniversary date of the certificate.

(2) Fees not paid within 30 days of billing shall be considered past-due. A penalty of $10.00 or 20 percent of the unpaid balance, whichever is greater, shall be assessed on all past-due fees.

(3) Cooperating research agencies whose registered citrus trees are used exclusively for planting on government property are exempt from payment of an annual registration fee for the first 100 trees.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.026 Citrus Produced for Research Purposes

Citrus trees produced for research purposes shall abide by the following requirements:

(1) Citrus breeding programs at the USDA or University of Florida Institute of Food and Agricultural Sciences centers will be required to meet the same requirements as registered citrus nurseries for managing material from the field entering and leaving greenhouses, specifically dealing with testing for citrus tristeza virus, citrus greening and citrus canker.

(2) Source trees utilized by research agencies may remain on site provided they are maintained under protective cover as specified in Rule 5B-62.010, F.A.C.

(3) Breeding selections intended for general citrus industry release must meet all the requirements of Rule 5B-62.013, F.A.C., Parent Trees.

(4) Research facilities shall sign a Research Facility Compliance Agreement, FDACS-08318, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(5) Requests to plant pathogen infected material for research projects shall be made on an Application and Permit To Plant Citrus Pathogen Infected Stock, FDACS-08274, Revised 05/12, as incorporated in Rule 5B-62.005, F.A.C.

(6) Evaluation material originating from citrus breeding programs can be propagated and replanted on the originating site without testing the material for diseases contained in Rule 5B-62.003, F.A.C., provided such material is replanted within 18 months of being moved from the initial site. If top-worked, the buds must be top-worked directly back to the original site where the budwood source tree is located and not moved from the tree space where top-worked. Evaluation material cannot be planted in areas other than the original site without being tested for endemic vectored diseases contained in Rule 5B-62.003, F.A.C. Such evaluation material shall be propagated within a citrus nursery structure in accordance with Rule 5B-62.010, F.A.C., isolated from any citrus plant material intended for off-site planting.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.027 Exemptions

(1) Retail outlets or retail sales areas having fewer than 250 citrus trees in stock at any given time, are exempt from subsection 5B-62.020(2), F.A.C.

(2) The department will propagate and maintain pathogen-infected material for the purpose of testing or shoot-tip grafting. The department will also propagate and maintain citrus and citrus relatives for the purpose of rearing biological-control agents. Such plant material will be kept in enclosed structures on department-owned sites and destroyed when removed from the structure.

(3) Sites for dooryard citrus will be exempt from the nematode certification requirements.

(4) Nurseries producing citrus trees from cuttings or seed for the export trade or as boxed souvenirs shall be exempt from source tree registration as contained in Rule 5B-62.012, F.A.C., provided the cuttings come from a tree grown in a structure in accordance with Rule 5B-62.010, F.A.C., and the source tree has been tested annually and found free of citrus greening and severe strains of citrus tristeza virus. They shall not be exempt from annual testing fees.

(5) Registered tissue culture laboratories producing citrus in an approved lab environment shall be exempt from citrus nursery site approval as contained in Rule 5B-62.008, F.A.C. Tissue culture laboratories will also be exempt from the citrus nursery sanitation and structure requirements contained in Rules 5B-62.009 and 5B-62.010, F.A.C., provided the lab environment maintains standard operating procedures to minimize the spread of serious graft-transmissible diseases and other pathogens of citrus. This exemption only applies to plantlets maintained in the laboratory environment.

(6) Sites producing host plants of citrus greening as listed paragraph 5B-63.001(5)(a), F.A.C., (including Clausena spp., Murraya spp. and Severinia spp.) that are not in the genera Citrus, Poncirus, and Fortunella including any hybrids thereof will be required to be grown in an enclosed structure designed to deter citrus psyllids. Source plants for propagation must be certified free from citrus greening by the department.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 12-26-06, Amended 2-25-15.

Fla. Admin. Code R. 5B-62.028 Citrus Seed

Citrus seed must originate from source trees that are registered on a Certificate of Source Tree Registration as specified in Rule 5B-62.017, F.A.C., and must meet the following requirements:

(1) Budwood used to propagate seed source trees must be taken under the direct supervision of the department and shall be reported on a Source Tree Bud Cutting Report, FDACS-08172, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C. The Budding Record Location on the Source Tree Bud Cutting Report must identify the location of the progeny trees in the nursery.

(2) The planting of seed source trees must be witnessed by the department using the Growers Record of Registered Scion Tree Movement, FDACS-08071, Revised 03/14, as incorporated in Rule 5B-62.005, F.A.C.

(3) Existing registered seed source trees can be top-worked to another variety provided the new variety is not similar in leaf or fruit morphology. Topworked seed source trees must comply with subsections (1) and (2), above. Topworked trees must be inspected to assure only the topworked variety is grown.

(4) New seed source trees cannot be within 300 feet of an approved greenhouse structure.

(5) Seed source trees must be inspected by the department and shall have at no time shown symptoms of seed transmissible pathogens listed in Rule 5B-62.003, F.A.C.

(6) Seed source trees must be tested and found free of citrus leaf blotch virus and citrus tatter leaf virus.

(7) Seed source trees not originating from registered stock must be parent-tree tested and found free of seed transmissible pathogens listed in Rule 5B-62.003, F.A.C.

(8) Seed used in commercial citrus nurseries must be treated to prevent the spread of pathogens as defined in subsection 5B-62.028(13), F.A.C.

(9) Seed extraction operations must be separated from any approved greenhouse structure.

(10) Seed drying must be separated from extraction areas and away from field citrus trees.

(11) Fruit rinds culled from the extraction process must be removed from the area prior to seed treatment and drying and all personnel/vehicles handling the fruit shall be decontaminated.

(12) Nursery personnel must not enter any approved greenhouse after being involved in the extraction/treatment process, until the following day.

(13) Seed must be hot water treated at 125 degrees Fahrenheit for ten minutes, followed by dipping in 2% household bleach (sodium hypochlorite), by volume for 5 minutes. A surface fungicide must also be applied to the seed prior to storage.

(14) Small lots of seed used for research or own-use nursery are exempt from hot water treatment.

(15) Citrus seed originating outside of Florida must meet the following requirements:

(a) Citrus seed must be imported under a permit issued by the division.

(b) The source trees for seed originating outside of Florida must have tested free of seed-transmissible diseases listed in Rule 5B-62.003, F.A.C.

(c) The tests for citrus seed-transmissible diseases shall have been completed within 36 months of the seed extraction date.

History

• Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 2-25-15.

Fla. Admin. Code R. 5B-62.029 Micropropagation of Citrus Rootstocks and Plants

(1) The plant material for initiation of micropropagated cultures must originate from fully tested foundation material.

(a) Cultures must be re-initiated from foundation material after a maximum of 36 months.

(b) Long term source material can be established in Florida as scion source trees if they meet the conditions of Rules 5B-62.012 and 5B-62.015, F.A.C.

(2) The plant portion micropropagated must come from non-zygotic embryos or shoots from adult plants.

(3) Material grown on contaminated media will be rejected.

(4) Antibiotics that can mask the presence of microorganisms must not be added to any media.

(5) In Florida, once plants leave culture vessels they must be maintained in approved enclosed structures.

(6) All movement reports and shipping labels must include the word, “micropropagated.”

History

• Rulemaking Authority 570.07(23), 581.031(1), 581.1843(3), (4) FS. Law Implemented 570.07(2), (13), 581.031(1), (14), (17), (23), 581.1843(3), (4) FS. History–New 2-25-15.

Chapter 5B-63 CITRUS HEALTH RESPONSE PROGRAM

Fla. Admin. Code R. 5B-63.001 Citrus Health Response Program

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

(a) “Abandoned grove” means a commercial citrus grove without production, care, or commercial harvesting activities, or has minimal or no production value, or is no longer economically viable as a commercial citrus grove.

(b) “Abandoned Grove Initiative” means a program developed to encourage removal of abandoned groves by offering growers property tax abatement as an incentive to remove their abandoned groves.

(c) “Approved decontaminants” means products verified as effective by the Department and capable of decontaminating equipment and personnel of citrus black spot, citrus canker, or other organisms of regulatory significance.

(d) “Approved landfill” means a facility permitted and designated as Class I by the Florida Department of Environmental Protection and designed for the disposal of waste to include citrus plant material that may be infected or contaminated by any organisms of regulatory significance.

(e) “Asian citrus psyllid” means the insect known as the Asian citrus psyllid, Diaphorina citri Kuwayama, classified in the order Homoptera, family Psyllidae, and all of its life stages.

(f) “Budwood facility or citrus nursery” means a geographically distinct location where citrus nursery stock is produced for wholesale or retail sale, is held for movement to another location or is used within a citrus grove, or where citrus trees are maintained as sources of budwood or seed in order to propagate citrus nursery stock.

(g) “Caretaker” means a person or company that has been contracted to provide production and/or management services of a commercial citrus grove.

(h) “Citrus” means all plants, plant parts, and plant products, including seed and fruit, of all genera species, and varieties of the Rutaceous subfamilies Aurantiodeae, Rutoideae, and Toddalioidae, unless specifically excluded by the rules of the Department.

(i) “Citrus black spot” means a fungal disease of citrus incited by the fungal organism Phyllosticta citricarpa (formally known as Guigardia citricarpa).

(j) “Citrus canker” means a bacterial disease of citrus incited by the organism Xanthomonas citri subsp. citri (formerly known as Xanthomonas axonopodis pv. citri), Asian strain and Xanthomonas citri pv. aurantifolii.

(k) “Citrus culls” means blemished or otherwise non-marketable fruit.

(l) “Citrus greening” means a phloem-limited bacterial disease of citrus and citrus relatives incited by the organism Candidatus Liberibacter asiaticus, Candidatus Liberibacter americanus, and Candidatus Liberibacter africanus (also known as huanglongbing, yellow dragon disease, or yellow shoot disease).

(m) “Citrus Health Response Program (CHRP)” means the successor program to the Citrus Canker Eradication Program, which is used to sustain the citrus industry, to maintain growers’ continued access to export markets, and to safeguard the other citrus producing areas against organisms of regulatory significance.

(n) “Commercial citrus grove” means a solid set planting of 40 or more citrus trees, or any citrus planting from which fruit is marketed.

(o) “Exposed” means determined by the Department to likely harbor citrus black spot or citrus canker bacteria, but not expressing visible symptoms or determined by the Department to likely harbor citrus greening bacteria or any other organism of regulatory significance because of proximity to infected plants or infected vectors of organisms of regulatory significance.

(p) “Foundation tree” means a citrus tree owned and maintained by the Department in accordance with Rule 5B-62.014, F.A.C., to provide a source of budwood to nurseries, primarily for establishing scion and increase trees.

(q) “Infected” means citrus trees harboring any organisms of regulatory significance as confirmed by diagnostic tests conducted in laboratories approved by the Department or the USDA.

(r) “Multi-block” means a solid set planting of citrus trees that have been surveyed and mapped by the Citrus Health Response Program, is identified by a unique number, and is under compliance per the stipulation outlined in the Grower/Caretaker Compliance Agreement, FDACS-08316, Rev. 04/22.

(s) “Regulated articles” means any article capable of transporting or harboring any organisms of regulatory significance.

(t) “Regulatory significance” means the same as the term ‘plant pest’ which is defined in Section 581.011(26), F.S., as 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 plants or plant parts or any processed, manufactured, or other plant products.

(2) Purpose. The purpose of this rule is to manage the impact of organisms of regulatory significance in commercial citrus groves. This rule sets forth regulated articles and regulates the movement of citrus nursery stock from pest-infested areas or those quarantined for citrus black spot.

(3) The following documents are incorporated herein by reference and may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100 or online as indicated.

(a) Limited Permit for Harvesting Citrus Fruit with Leaves and Stems Attached, FDACS-08087, 04/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14756.

(b) Limited Permit for Harvesting Interstate Citrus Fruit, FDACS-08088, 04/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14757.

(c) Intrastate Packinghouse Compliance Agreement, FDACS-08089, 07/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14758.

(d) Limited Permit for Quarantined Citrus Waste Disposal Site, FDACS-08090, 07/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14759.

(e) Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14760.

(f) Citrus Fruit Harvesting Limited Permit, FDACS-08123, Rev. 04/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14761.

(g) Limited Permit for Citrus Waste Disposal Site, FDACS-08126, Rev. 07/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14762.

(h) Limited Permit, FDACS-08156, Rev. 04/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14763.

(i) Grower/Caretaker Compliance Agreement, FDACS-08316, Rev. 07/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14764.

(j) Citrus Processor Compliance Agreement, FDACS-08356, Rev. 07/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14765.

(k) Harvester/Hauler Compliance Agreement, FDACS-08359, Rev. 07/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14766.

(l) Citrus Health Response Program Application, FDACS 08415, Rev. 07/22, http://www.flrules.org/Gateway/reference.asp?No=Ref-14767.

(m) Abandoned Grove Compliance Agreement, FDACS 08464, Rev. 08/25, http://flrules.org/Gateway/reference.asp?No=Ref-18696.

(n) Schedule 10, Information Resources, Rev. April 2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-14769.

(o) Schedule 11, Approved Decontamination Products and Methods, Rev. April 2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-14770.

(p) Schedule 12, Citrus Waste/Debris Shipment Log, Rev. April 2022, http://www.flrules.org/Gateway/reference.asp?No=Ref-14771.

(4) Quarantine areas.

(a) State quarantines will be based upon a risk assessment that reviews the latest scientific information on the disease and vector, geographical area, site of production, treatments or control actions, surveys conducted, and confirmation of diagnostic tests conducted in laboratories approved by the Department or USDA.

(b) Any areas around a site where an infestation of citrus black spot is known to occur will also be quarantined due to their inseparability for quarantine enforcement purposes. The geographical boundaries of the quarantine area will be based on the potential of citrus black spot being present and will encompass only citrus black spot positive multi-blocks. Affected businesses or residents will be notified in writing unless too numerous to contact individually. In those cases, the quarantine area will be published in a major newspaper of general distribution in the quarantine area, provided to affected industry groups, and published on the Department’s website at https://FDACS.gov.

(c) The entire state of Florida is under a federal quarantine for citrus canker, citrus greening and the Asian citrus psyllid.

(5) Movement of regulated articles from or through a quarantine area.

(a) The movement or planting of citrus black spot host plants from or within a citrus black spot quarantine area is prohibited unless produced in compliance with rule Chapter 5B-62, F.A.C.

(b) The movement of citrus fruit from a citrus black spot quarantine area must follow the guidelines outlined in the Grower/Caretaker Compliance Agreement, FDACS-08316, Rev. 07/22, Citrus Processor Compliance Agreement, FDACS-08356, Rev. 07/22, the Harvester/Hauler Compliance Agreement, FDACS-08359, Rev. 07/22, the Intrastate Packinghouse Compliance Agreement, FDACS-08089, 07/22, along with a Limited Permit, FDACS-08156, Rev. 04/22, if it accompanies the load.

(c) Details for handling citrus fruit and plant debris regarding citrus black spot may be found in Federal Orders DA-2012-09, Quarantine for Guignardia citricarpa Kiely, March 16, 2012, DA-2014-29, Expansion of Citrus Black Spot Regulated Area in Florida, June 3, 2014, and in State regulations as detailed in subsection (5). These federal orders are incorporated herein by reference and may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14772 and http://www.flrules.org/Gateway/reference.asp?No=Ref-14773.

(d) Once citrus, other than fruit, is introduced into a citrus black spot quarantine area, it is considered exposed and shall not be moved within or out of the citrus black spot quarantine area.

(e) The movement of citrus fruit from a citrus canker quarantine area is governed by USDA regulations contained in 7 CFR §301.75, Subpart – Citrus Canker, Notice of Quarantine and Regulations, 1-1-21 Edition. There are no restrictions on citrus fruit movement from citrus greening quarantine areas. See 7 CFR §301.76, Subpart – Citrus Greening and Asian Citrus Psyllid, 1-1-21 Edition, for restrictions on the interstate movement. These federal regulations are incorporated herein by reference and may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100 or available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14774 and http://www.flrules.org/Gateway/reference.asp?No=Ref-14775 or www.govinfo.gov.

(f) Citrus culls, leaves, plant material, and debris cleaned from trailers, field boxes or bins, handled by packinghouses, and processing plants originating from a citrus black spot quarantine area must follow the guidelines under the Citrus Processor Compliance Agreement, FDACS 08356, Rev. 07/22, or USDA APHIS PPQ Form 519, Compliance Agreement, Sep 2012. USDA APHIS PPQ Form 519 is incorporated herein by reference and may be obtained by writing to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-14776. Limited Permit for Quarantined Citrus Waste Disposal Site, FDACS-08090, 07/22 is required for the disposal of quarantine material prior to commencement of any material movement. Persons seeking a permit shall submit a completed Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22. Quarantine citrus waste may move under a Limited Permit, FDACS 08156, Rev. 04/22, or move under a valid Citrus Health Response Program compliance agreement.

(g) Citrus fruit, leaves, plant material, and debris originating from outside citrus black spot quarantine areas may be disposed of in an approved citrus waste disposal site and must follow the stipulations as outlined in the Limited Permit for Citrus Waste Disposal Site, FDACS-08126, Rev. 07/22. Persons seeking the permit shall submit a completed Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22.

(h) Movement of citrus tree material that will be mulched, chipped, compacted, or baled and utilized must follow the regulations contained in subsection (5). When an organism of regulatory significance is detected in biomass materials, the Department may require special handling to prevent the spread of organisms of regulatory significance as determined by a risk assessment performed by the Department. The risk assessment will be based upon the latest scientific research available on the organism of regulatory significance.

(i) The harvesting, mulching, treatment, movement, and processing of citrus tree material from a citrus black spot quarantine area is subject to restrictions contained herein. Limited Permit for Quarantined Citrus Waste Disposal Site, FDACS-08090, 07/22 is required prior to commencement of any material movement. Persons seeking a permit shall submit a completed Application for Limited Permit for Citrus Waste Disposal Site, FDACS-08091, 04/22.

(6) Intrastate packinghouses outside of a citrus black spot quarantine area, and packing fruit not originating from a citrus black spot quarantine area is regulated as outlined in the Intrastate Packinghouse Compliance Agreement, FDACS-08089, 07/22.

(7) Regulated Areas.

(a) A regulated area, not to exceed a radius of one mile, is hereby established around the perimeter of certified citrus nurseries constructed on sites after April 1, 2006. A regulated area, not to exceed a radius of ten miles is hereby established around the perimeter of all sites on which foundation trees are maintained. The planting of citrus in these regulated areas is prohibited. Citrus plants within a regulated area that were planted prior to the establishment of the regulated area may remain unless they are determined to be infected or infested with any organism of regulatory significance.

(b) When an organism of regulatory significance is detected in a regulated area, the Department may require the removal of citrus trees in the regulated area if their presence will result in the spread of the organism of regulatory significance as determined by a risk assessment performed by the Department. The risk assessment will be based upon the following criteria:

1. Economic impact to the citrus industry and to the State of Florida;

2. The latest scientific research available on the organism of regulatory significance and vector; and,

3. Impact to the growers’, caretakers’, processors’, and packers’ ability to produce citrus and maintain the industry’s viability.

(c) The property owner shall be responsible for the removal of citrus trees if removal is required. Notice of the removal of citrus trees, by immediate final order, shall be provided to the owner of the property on which such trees are located. An immediate final order issued by the Department pursuant to this section shall notify the property owner that the citrus trees that are the subject of the immediate final order must be removed and destroyed unless the property owner, no later than 10 days after delivery of the immediate final order requests and obtains a stay of the immediate final order from the district court of appeal with jurisdiction to review such requests.

(8) All citrus grove owners or their assigned representatives, caretakers, harvesters, haulers, packers, and processors must sign the appropriate compliance agreements.

(9) Decontamination requirements. All citrus harvesters, intermediate handlers, grove owners, caretakers, packers, processors, and nurseries that grow, manage, harvest, handle, move, process, pack, or sell citrus plants, trees fruit culls, biomass, or debris, must decontaminate equipment, personnel, and regulated articles in accordance with applicable compliance agreements, and have approved decontaminants, on site at all times when in a citrus grove. Approved decontaminants are listed in Schedule 11, Approved Decontamination Products and Methods, Rev. April 2022.

(10) Decontamination procedures. Prior to entering a commercial citrus grove, all personnel, equipment, and regulated articles must be decontaminated in accordance with Schedule 11.

(11) Citrus grove surveys.

(a) Citrus grove owners and caretakers shall inspect each of their groves every 90 days. If any organism of regulatory significance is found, the Department must be notified no later than the next business day. Failure to notify the Department that an organism of regulatory significance has been found is a violation of Section 581.091, F.S., and this rule.

(b) Citrus growers seeking to ship citrus fruit to the European Union or other restricted markets must submit a completed Citrus Health Response Program Application, FDACS 08415, Rev. 07/22, to the local FDACS Citrus Health Response Program field office and ask for an inspection of the grower’s listed grove block(s). If said grove block(s) passes the required inspection of the restricted market, a Citrus Fruit Harvesting Limited Permit, FDACS 08123, Rev. 04/22, will be issued to the grower.

(c) Citrus growers seeking to move fruit to a packinghouse facility in the State of Georgia must submit a completed Citrus Health Response Program Application, FDACS 08415, Rev. 07/22, to the local FDACS Citrus Health Response Program field office and ask for an inspection of grower’s listed block(s). If said grove block(s) passes inspection, a Citrus Fruit Harvesting Limited Permit, FDACS 08123, Rev. 04/22, will be issued to the grower.

(d) Growers and property owners are encouraged to participate in the FDACS Abandoned Grove Initiative. Abandoned groves are known to organisms of regulatory significance and are considered agricultural nuisances. Information on this initiative may be found in the Abandoned Grove Compliance Agreement, FDACS-08464, Rev. 08/25.

History

• Rulemaking Authority 570.07(21), (23), 581.031(1), (4), (5), 581.091(1), 581.101(1), 581.184 FS. Law Implemented 193.461, 570.07(2), (13), (21), 581.031(6), (7), (9), (15), (17), (26), 581.083, 581.101, 581.131, 581.141, 581.184, 581.211 FS. History–New 8-28-07, Amended 4-17-16, 10-27-22, 12-10-25.

Chapter 5B-64 AQUATIC PLANT IMPORTATION, TRANSPORTATION, NON-NURSERY CULTIVATION, POSSESSION AND COLLECTION

Fla. Admin. Code R. 5B-64.001 Purpose

(1) The Department of Agriculture and Consumer Services, Bureau of Plant and Apiary Inspection shall administer the aquatic plant management program of the state as may be necessary for the eradication, control, or prevention of the introduction and dissemination of noxious or prohibited aquatic plants through the importation, transportation, non-nursery cultivation, collection, sale, or possession of aquatic plants.

(2) The bureau shall, pursuant to section 369.25(2), F.S., and the memorandum of agreement with the Division of State Lands, (effective date 28 May 1992, which is incorporated by reference in Chapter 68F-20, F.A.C., and is available from the bureau), protect sovereignty lands from the improper and excessive collection of native aquatic plants for purposes of sale, revegetation, restoration, or mitigation.

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.001, 62C-52.001.

Fla. Admin. Code R. 5B-64.002 Definitions

(1) “Applicant” means any person who applies for a permit pursuant to this chapter.

(2) “Aquatic plant” means any plant, including a floating, emersed, submersed, or ditchbank species growing in, or closely associated with, an aquatic environment, and includes any part or seed of such plant. This includes those species listed in section 369.251, F.S.

(3) “Beneficial aquatic plants” means indigenous aquatic plant species that provide fish and wildlife habitat, water quality protection, and shoreline stabilization.

(4) “Bureau” means the Bureau of Plant and Apiary Inspection, an administrative subdivision of the Department of Agriculture and Consumer Services, located at 1911 S. W. 34th Street, Gainesville, Florida 32608, telephone (352)372-3505.

(5) “Collection” means the removal or gathering of any aquatic plant, including any part or seed thereof, from the place in which it is growing in the natural environment.

(6) “Connection” means any depression, ditch, canal, culvert, pipe, or any other natural or man-made conveyance, whether permanent or intermittent, which joins the surface water of one waterbody to the surface water of another waterbody in such a manner as to allow the interchange of water between the waterbodies.

(7) “Cultivation or culture” means to grow or cause to reproduce any aquatic plant.

(8) “Department” means the state of Florida Department of Agriculture and Consumer Services.

(9) “Excessive collection” means the taking of native aquatic plants from a wild collection site to the extent there is no longer a reasonable assurance of the continued maintenance of a self sustaining native aquatic plant specie population within that site.

(10) “Herbicide” means any chemical product used to chemically control or regulate aquatic plant growth.

(11) “Importation” means the transportation of aquatic plants into the geographical limits of the State of Florida from outside the geographical limits of the State of Florida.

(12) “Landowner” means a person who possesses fee title to the property specified in a permit application.

(13) “Native aquatic plant” means any aquatic plant that is indigenous to the state of Florida, as determined by the department. In making this determination, the department shall consider data contained in generally accepted scientific literature.

(14) “Natural dispersion” means movement of an aquatic plant by meteorological, biological, hydrological, or any other natural process.

(15) “Natural waters” means those surface waters created through geological and biological processes whether or not subsequently modified by man.

(16) “Non-native” means any aquatic plant not indigenous to the state of Florida, as determined by the department.

(17) “Non-nursery cultivation” means the tending of aquatic plant species for harvest in the natural environment.

(18) “Non-prohibited aquatic plant” means all aquatic plants except those listed in Rule 5B-64.011, F.A.C.

(19) “Noxious aquatic plant” means any part, including but not limited to seeds or reproductive parts, of an aquatic plant which has the potential to hinder the growth of beneficial aquatic plants, to interfere with irrigation or navigation, or to adversely affect the public welfare or the natural resources of this state.

(20) “Permit” means a license issued by the department pursuant to this chapter.

(21) “Permittee” means any person to whom a permit is issued under this chapter.

(22) “Person” means individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(23) “Prohibited aquatic plant” means any of the aquatic plants designated by the department on the prohibited aquatic plant list in Rule 5B-64.011, F.A.C., or in an emergency order issued under Rule 5B-64.012, F.A.C.

(24) “Revegetation” means the intentional placing of any native aquatic plant, including any seed or part thereof, into waters for the purpose of establishing that plant as a constituent of those waters. Revegetation includes activities associated with mitigation, restoration, transplanting and habitat enhancement.

(25) “Sovereignty lands” means, pursuant to Article X, Section 11, Constitution of the State of Florida, the title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people.

(26) “Synonym” means a scientific or common name, other than the approved name, which applies to the same plant.

(27) “Waters” or “Waters of the state” means rivers, streams, lakes, navigable waters and associated tributaries, canals, meandered lakes, enclosed water systems, and all other bodies of water.

(28) “Wild collection site” means an area where aquatic plants are naturally occurring and in which the department has permitted collection activities.

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.002, 62C-52.002.

Fla. Admin. Code R. 5B-64.003 Permit Requirements

(1) No person shall engage in any business activity involving the non-nursery cultivation, or collection of any aquatic plant species without a permit issued by the department unless expressly exempted by Rule 5B-64.010, F.A.C. No person, except aquatic plant nurseries regulated by the Department of Agriculture and Consumer Services, shall engage in any business activity involving the importation, transportation, sale or possession of any aquatic plant species without a permit issued by the department unless expressly exempted by Rule 5B-64.010, F.A.C. Collection activities exempted from permitting requirements under this chapter, when undertaken on private or sovereignty lands, must be authorized by the landowner.

(2) No person shall possess any Class I prohibited aquatic plant listed in Rule 5B-64.011, F.A.C., without a permit issued by the department. No person shall possess any Class II prohibited aquatic plant listed in Rule 5B-64.011, F.A.C., without a permit issued by the department unless expressly exempted by Rule 5B-64.010, F.A.C.

(3) No collection of native aquatic plants, including any part or seed thereof, from aquatic preserves, state parks, or sovereignty lands under lease to other entities, shall be permitted pursuant to this chapter.

(4) Only native aquatic plants cultured in a nursery regulated by the department or collected from an approved wild collection site, shall be used for the revegetation, restoration, or mitigation of wetlands in sovereignty lands. No prohibited or non-native aquatic plant shall be placed in, or knowingly be distributed for use in natural waters, or waters connected to natural waters. Non-native plants not on the prohibited plant list may be used in artificially created ponds and water gardens that are not connected to natural waters.

(5) No person shall knowingly cause the dissemination of any prohibited plant listed in Rule 5B-64.011, F.A.C.

(6) The collection of aquatic plant material from sovereignty lands is prohibited unless a permit is issued by the bureau. This permit shall constitute permission from the Division of State Lands and authorization for such collection. Collection may be permitted for nursery stock which is to be used for propagation and cultivation purposes. Collection may also be permitted for habitat enhancement or restoration projects in sovereignty lands that are directed by a state agency, local government, or water management district. Cuttings may be permitted to be taken for sale when taken in a manner that assures the survival of the plant and the roots are not disturbed. Vallisneria americana, Sagittaria kurziana and Sagittaria subulata/graminea may be permitted to be collected for sale from approved wild collection sites in sovereignty lands until October 1, 1995.

(7) Persons engaged in wild collection activities shall carry a copy of the permit. Permittees shall be responsible for the acts, or omissions, of their employees or agents.

(8) An aquatic plant permit issued pursuant to this chapter is non-transferrable and is valid only for the person and activities for which the permit is issued.

(9) Issuance of an aquatic plant permit does not relieve the permittee of the responsibility of complying with all applicable federal, state, county, and municipal laws, ordinances, or rules, and the permittee is not relieved of the responsibility of obtaining other required licenses or permits.

(10) An aquatic plant permit does not constitute permission to collect endangered, threatened, or otherwise protected plant species.

(11) A permit is required for each individual wild collection site. However, more than one site may be approved on the same permit. When collection activities are undertaken, a copy of the permit must be available onsite.

(12) Permits shall be effective for a period not to exceed three years based on criteria and standards referenced in Rule 5B-64.004, F.A.C., of this chapter, proposed activities, and unresolved violations of this chapter. The effective period shall be set forth in the permit.

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.003, 62C-52.003.

Fla. Admin. Code R. 5B-64.004 Criteria for Permit Issuance

(1) Permit applications shall be evaluated and issued on the following criteria and standards:

(a) The ability of native aquatic vegetation in wild collection sites in sovereignty lands to maintain self-sustaining growth.

(b) No adverse impacts upon fish and wildlife resources including endangered species, threatened species, non-game species, species of special concern, and their habitat.

(c) No impairment of the public’s access to, or use of, the waterbody.

(d) No adverse cumulative impacts upon the natural resources or the environment of the state.

(2) No permit shall be issued which may result in the introduction or spread of any noxious aquatic plant species, any prohibited aquatic plant as listed in Rule 5B-64.011, F.A.C., or any non-native aquatic plant into natural waters or any waters connected to natural waters.

(3) Permits for the transportation, non-nursery cultivation, collection, or possession of any prohibited aquatic plants listed in Rule 5B-64.011, F.A.C., may only be issued to government agencies, research institutions, and wastewater treatment facilities approved by the Department of Environmental Protection. The applicant shall supply information regarding the species name, source, amounts of plant material, duration of research, quarantine facilities, and method of plant destruction and disposal upon the conclusion of the research. The department is authorized to grant a variance, by permit, when those special purpose activities would not promote the dissemination of prohibited aquatic plants, and when the activity would serve an educational, humane, or research purpose. Except for research purposes conducted under an approved permit, no plant on the prohibited plant list shall be imported into the state.

(4) Applicants for a permit to collect aquatic plants from a wild collection site in non-sovereignty lands must provide:

(a) Evidence of ownership of the proposed wild collection site or evidence that the landowner has provided the applicant with consent of use for the property.

(b) A description of the proposed wild collection site which shall state the location, the size of the proposed site and the dimensions or description of the boundaries. A diagram shall be included. Directions to the proposed wild collection site using county, state and U.S. highway names and route numbers shall be included.

(c) A plan which will provide reasonable assurance that the removal of aquatic plants from the wild collection site will not result in the dissemination of any noxious or prohibited aquatic plant species listed in Rule 5B-64.011, F.A.C.

(5) Applicants for a permit to collect aquatic plants for purposes other than research from a wild collection site in sovereignty lands must provide:

(a) A plan which will provide reasonable assurance that the removal of aquatic plants from the wild collection site in sovereignty lands will not result in the dissemination of any noxious plant, or any prohibited aquatic plant species listed in Rule 5B-64.011, F.A.C.

(b) A plan which will provide reasonable assurance of the continued maintenance of self sustaining native aquatic plant populations within the wild collection site in sovereignty lands.

(c) Directions to the proposed wild collection site in sovereignty lands using county, state and U.S. highway names and route numbers. A map shall be included.

(d) A description of the proposed wild collection site in sovereignty lands which shall state: the location of the proposed site; the size of the proposed site including boundary dimensions; the size and location of plant communities within the site; and legends that explain all symbols and patterns used. A map shall be included.

(6) Applications for aquatic plant permits shall be made on DACS form 50.002, (Application For The Importation, Transportation, Non-Nursery Cultivation, Possession and Collection of Aquatic Plants, effective date 6-13-93, which is hereby incorporated by reference and is available from the bureau).

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.004, 62C-52.004.

Fla. Admin. Code R. 5B-64.008 Enforcement and Penalties

(1) Following proper notice, the department is authorized to modify, revoke, suspend, annul, or withdraw any permit granted by it, or deny or modify any permit application, if the department determines that the following actions were committed by the permittee or applicant:

(a) Submission of false or inaccurate information in the permit application, requests for modifications, or records maintained pursuant to Rule 5B-64.0045, F.A.C.

(b) Violation of the permit, permit conditions, Chapter 6B-64, F.A.C., section 369.25 or 369.251, F.S.

(c) Failure to file a required report within the specified period.

(2) The department shall initiate the appropriate corrective action to prevent the spread of noxious or prohibited aquatic plants, and to protect sovereignty lands from the excessive collection of native aquatic plants including the following:

(a) The department is authorized to issue a written notice of violation, and issue instructions as to the manner and time in which the violation shall be rectified.

(b) The department is authorized to order a quarantine of plants from a permitted wild collection site to prevent the dissemination of any prohibited aquatic plant. The quarantine order shall state the provisions of the quarantine and the conditions under which the quarantine may be lifted.

(c) The department is authorized to seize, without compensation, any prohibited aquatic plant regulated under this chapter which the department has determined is reasonably likely to be introduced into waters.

(d) The department is authorized to take the necessary action to destroy prohibited aquatic plants which threaten waters of the state without compensation to the owner.

(e) The department is authorized to require the revegetation of a site in sovereignty lands where excessive collection has occurred.

(3) Any person who violates the provisions of this chapter, section 369.25 or 369.251, F.S., may be guilty of a misdemeanor of the second degree punishable as provided in section 775.082 or 775.083, F.S. All law enforcement officers of the state and its agencies with power to make arrests for violations of state law are authorized to enforce the provisions of this chapter.

(4) All permittees shall, upon request, provide to the department samples of any aquatic plant for identification at no compensation.

History

• Rulemaking Authority 369.25, 369.251, 370.021 FS. Law Implemented 369.25, 369.251, 370.021, 370.028 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.008, 62C-52.008.

Fla. Admin. Code R. 5B-64.010 Exemptions and Exclusions

(1) Any person transporting noxious or prohibited aquatic plants for disposal under a permit for aquatic plant management pursuant to Chapter 68F-20 or 68F-54, F.A.C., shall not be required to possess a permit pursuant to this chapter. However, disposal shall be in such a manner that no waterbody of the state is contaminated.

(2) The collection, possession, transportation, sale, or cultivation of mangroves, mangrove seeds (fruits) or propagules, plants restricted by Rule 68B-42.001, F.A.C., or the trimming of mangroves are not regulated by this chapter and shall not be permitted pursuant to this chapter.

(3) The importation, transportation, non-nursery cultivation, possession, collection, or sale of non-prohibited wetland tree species, including but not limited to ash, bay, cypress, gum, mangrove, maple, tupelo, etc., are not regulated by this chapter and shall not be permitted pursuant to this chapter.

(4) Herbaria of educational or research institutions shall not be required to possess a permit for its preserved specimens, however a permit shall be required for the collection or importation of live specimens.

(5) Any florist, or other person, who sells dried native aquatic plants, parts, or propagules thereof, shall not be required to possess a permit under this rule. No dried, reproductive parts of prohibited aquatic plants shall be used.

(6) If the possession of a prohibited aquatic plant has resulted from natural dispersion, and there is neither danger of or intent to further disperse the plant through any sales, transportation, or other action, or when a small amount of noxious aquatic plant material incidentally adheres to a boat or a boat trailer operated by a person who is not involved in any phase of the aquatic plant business and if that person is not knowingly violating this act, then no permit shall be required or penalties assessed. However, the department is authorized to quarantine, or confiscate the plant when there is a danger of further dispersal.

(7) Any person conducting revegetation as a condition of a Chapter 68F-20, F.A.C., permit shall not be required to possess a permit under this chapter for use in that specifically permitted site.

(8) Any person conducting reclamation activities under the Department of Environmental Protection approved program pursuant to Chapter 62C-16 or 62C-17, F.A.C., shall not be required to obtain a permit pursuant to Chapter 5B-64, F.A.C. However, reclamation activities must not result in the dissemination of any prohibited aquatic plant species listed in Rule 5B-64.011, F.A.C., nor shall any activities involving aquatic plants be conducted outside of those lands under department approved conceptual plan.

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.010, 62C-52.010.

Fla. Admin. Code R. 5B-64.011 Prohibited Aquatic Plants

(1) Class I Prohibited Aquatic Plants – Under no circumstances will these species be permitted for possession, collection, transportation, cultivation, and importation except as provided in Rule 5B-64.004, F.A.C.:

SCIENTIFIC NAMES

COMMON NAMES

Alternanthera philoxeroides

Alligatorweed, green lead plant

Casuarina spp.

Australian Pine

Crassula helmsii

Swamp stone crop

Eichhornia spp.

Waterhyacinth

Hydrilla verticillata

Hydrilla, Florida elodea, stargrass, oxygen grass

Ipomoea aquatica

Water spinach

Ipomoea fistulosa

Lagarosiphon spp.

African elodea

Limnocharis flava

Sawah flowing rush

Lythrum salicaria

Purple loosestrife

Melaleuca quinquenervia

Melaleuca

Mimosa pigra

Giant sensitive plant, cat's claw

Monochoria hastata

Monochoria vaginalis

Myriophyllum spicatum

Eurasian watermilfoil

Nechamandra alternifolia

Oryza rufipogon

Wild Red rice

Pontederia rotundifolia

Tropical pickerelweed

Salvinia spp., (excluding S. minima)

Schinus terebinthifolius

Brazilian-pepper

Sparganium erectum

Exotic bur-reed

Stratiotes aloides

Water-aloe, soldier plant

Trapa spp.

Water chestnut

Vossia cuspidata

Hippo grass

(2) Class II Prohibited Aquatic Plants – These species are considered to be highly invasive and noxious in localized areas of the State of Florida. These plants may be cultured in a nursery regulated by the Department of Agriculture and Consumer Services pursuant to sections 581.031, 581.131 and 581.145, F.S., and shall only be sold out of state upon approval by the department. These species shall not be imported or collected from the wild. They must be contained in such a manner so as to prevent the dissemination from the nursery premises.

SCIENTIFIC NAMES

COMMON NAME

Hygrophila polysperma

Hygro

Limnophila sessiliflora

Ambulia

Pistia stratiotes

Waterlettuce

(3) The department is authorized to designate additional plants to be prohibited by emergency order as provided in Rule 5B-64.012, F.A.C.

(4) The prohibited aquatic plant list comprises the most recent and accepted scientific and common names of the prohibited aquatic plant species. However, the prohibited status also applies to any synonyms.

(5) The department is authorized to consider a plant for inclusion on the prohibited plant list when it displays, or when there is scientific evidence to believe it could display in the Florida environment, one or more of the following characteristics:

(a) The tendency to spread or become invasive in an ecosystem, sometimes in a rapid manner, so as to impair the ecosystem’s ability to function by altering its productivity, decomposition, water fluxes, nutrient cycling and loss, soil fertility, erosion, dissolved oxygen concentrations, or its ability to maintain its existing species diversity.

(b) The propensity to invade and disrupt aquatic and wetland ecosystems in other areas or in other countries with climates similar to that of Florida.

(c) The ability to create dense, monospecific stands or monotypic stands which displace or destroy native plant habitat, destroy fish and wildlife habitats, inhibit water circulation, hinder navigation and irrigation, or severely restrict the recreational use of waterways.

(d) The ability to resist effective management by present technology or available management agents so that only extraordinary efforts, such as repeated chemical treatments at high dosage rates, can bring about effective management.

History

• Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.011, 62C-52.011.

Chapter 5B-65 FIREWOOD AND UNPROCESSED WOOD PRODUCTS

Fla. Admin. Code R. 5B-65.001 Purpose

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031(1), (4), (5), (6), (7), (9), (20) FS. History–New 8-10-10, Repealed 10-7-21.

Fla. Admin. Code R. 5B-65.002 Definitions and Purpose

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

(a) Commercial shipments. Shipments of Regulated articles intended for public or private sale or distribution within the state.

(b) Firewood. Cut wood products intended for burning.

(c) Infected. Regulated articles found with plant disease pathogens.

(d) Infested. Regulated articles found with plant pests.

(e) Master Permit for Firewood and Unprocessed Wood Products. A permit issued by the Department to the state of origin allowing the movement of Regulated Articles into and within the state and specifying the conditions under which the regulated articles are allowed to be moved.

(f) Plant disease pathogen. Any organism that can infect plants and cause plant disease.

(g) Producers. Individuals or companies responsible for cutting, packing or distributing regulated articles into or within the state.

(h) Regulated articles. Firewood or Unprocessed Wood Products including palm products and cut Christmas trees.

(i) Shippers. Individuals or companies responsible for sending or transporting Regulated articles into or within the state.

(j) Unprocessed wood products. Bark, trunks, limbs, stumps or other woody plant material that results from yard waste, tree trimming, tree removal including wood, incorporated into the construction of furniture, handicrafts, planting containers or other products that have not been treated, processed or finished to eliminate Plant disease pathogens, Wood boring pests, and Wood inhabiting pests as defined in subsections 5B-65.002(1)(f), (k) and (l), F.A.C.

(k) Wood boring pest. Any organism that physically bores into or through the woody part of a plant, including either the outer bark, the inner bark, and/or the stem wood.

(l) Wood inhabiting pest. Any organism that spends part of its life cycle within the woody part of a plant, including either the outer bark, the inner bark, and/or the stem wood.

(2) The purpose of this rule chapter is to establish procedures to prevent the introduction of Wood boring pests, Wood inhabiting pests, Plant pests, and Plant disease pathogens into the state, and prevent the spread of these pests and disease pathogens within the state by regulating the movement of Firewood and Unprocessed Wood Products that can harbor Wood boring pests, Wood inhabiting pests, Plant pests, and Plant disease pathogens.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031(1), (4), (5), (6), (7), (20) FS. History–New 8-10-10, Amended 10-7-21.

Fla. Admin. Code R. 5B-65.003 Wood Boring Pests, and Wood Inhabiting Pests, and Plant Pests

Wood boring pests, Wood inhabiting pests, and Plant pests are harmful to Florida agriculture, landscape, and native plants. They are known to infest Firewood and other Unprocessed wood products and can be transported through the movement of these products to areas where they can infest and damage live host trees and other plants. The following pests are considered to be a nuisance:

(1) Agrilus planipennis, emerald ash borer;

(2) Anoplophora glabripennis, Asian longhorned beetle;

(3) Bursaphelenchus cocophilus, red ring nematode;

(4) Dinapate wrighti, giant palm borer;

(5) Eriococcus lagerstroemiae, crape myrtle bark scale;

(6) Fiorinia externa, elongate hemlock scale;

(7) Hylurgus ligniperda, red-haired pine bark beetle;

(8) Hylurgops palliates, exotic bark beetle;

(9) Metamasius hemipterus, silky cane weevil;

(10) Orthotomicus erosus, Mediterranean pine engraver beetle;

(11) Pityophthorus juglandis, walnut twig beetle;

(12) Rhynchophorus cruentatus, palmetto weevil;

(13) Rhynchophorus ferrugineus, red palm weevil;

(14) Rhynchophorus palmarum, American palm weevil;

(15) Scaphoideus luteolus, whitebanded elm leafhopper;

(16) Scolytus schevyrewi, banded elm bark beetle;

(17) Sirex noctilio, Sirex woodwasp;

(18) Tomicus piniperda, pine shoot beetle;

(19) Xyleborus glabratus, redbay ambrosia beetle;

(20) Xyleborus similis, ambrosia beetle.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031(1), (4), (5), (6), (7), (20) FS. History–New 8-10-10, Amended 10-7-21.

Fla. Admin. Code R. 5B-65.004 Plant Disease Pathogens

Plant disease pathogens are harmful to Florida agriculture, landscape, and native plants. They are known to infect Firewood and Unprocessed Wood Products and can be transported through the movement of these products to areas where they can infect and damage live host trees and other plants. The following Plant disease pathogens are considered to be a nuisance:

(1) Canidatus Phytoplasma ulmi, elm yellows;

(2) Ceratocystis fagacearum, oak wilt disease;

(3) Discula destructiva, dogwood anthracnose;

(4) Geosmithia morbida, fungus, Thousand Cankers Disease;

(5) Nectria coccinea var fagiuata and N. galligena, beech bark disease;

(6) Ophlstoma ulmi and O. novo-ulmi, Dutch elm disease;

(7) Phytophthora ramorum, sudden oak death;

(8) Phytoplasma of palms;

(9) Raffaelea lauricola, laurel wilt disease.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031 (1), (4), (5), (6), (7), (20) FS. History–New 8-10-10, Amended 10-7-21.

Fla. Admin. Code R. 5B-65.005 Movement of Regulated Articles

(1) In order to prevent the introduction and spread of nuisance pests and diseases listed in Rules 5B-65.003 and 5B-65.004, F.A.C., the movement of Commercial shipments of Regulated articles into the state is prohibited except under a Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, which stipulates the conditions under which the Regulated articles can be moved into the state. The Master Permit for Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13552. The Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, will require all Shippers of Regulated articles to be under compliance with the state of origin’s plant regulatory organization. A Compliance Agreement Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS 08459, Rev. 10/20, incorporated in subsection 5B-65.005(4), F.A.C., issued under a Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, shall indicate the requirements for inspections and/or treatments. Only heat, fumigation, or chemical treatments in accordance with the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine Treatment Manual, Rev. 07/20, Treatment Schedules T312 – Oak Logs and Lumber and T314 – Logs and Firewood, shall be required in the Compliance agreement. The Treatment Schedules are herein incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13554.

(2) Any shipment of Regulated articles found Infested or Infected with a Wood boring pest, Wood inhabiting pest, Plant pest or Plant disease pathogen listed in Rule 5B-65.003 or 5B-65.004, F.A.C., shall be quarantined and returned to the Shipper or Producer or destroyed by the Department at the expense of the Shipper. Infested or Infected Regulated articles will be placed under Hold Order and Quarantine, FDACS-08016, Rev. 02/15, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13550. Commercial shipments entering the state through the Department’s agricultural interdiction stations without certification of compliance with the Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, of the state of origin shall be held until proper certification is received and issued an Interdiction Station Report of Plants and Plant Products in Transit, FDACS Form 08003, Rev. 01/21 which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13549. Non-commercial shipments of Regulated articles entering the state through the Department’s agricultural interdiction stations without certification will be allowed entry only when the Department issues an Interdiction Station Report of Non-Commercial Plants or Firewood Without Certification in Transit from Other States FDACS-08105, Rev. 05/20, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13551. Commercial shippers found in violation of the rule will be suspended from shipping under the Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, issued with the state of origin. The suspension shall remain in effect until the Department of Agriculture of the state of origin has notified the Division of Plant Industry in writing that the Shipper is in compliance with all requirements for treatment of Regulated articles.

(3) The destruction or return of shipments in violation of this rule chapter shall be at the expense of the Shipper.

(4) Prior to the intrastate movement of Commercial shipments of Regulated articles, the owner of the articles must submit a Compliance Agreement Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS-08459, Rev. 10/20, to the Division of Plant Industry unless exempted in subsection 5B-65.005(7), F.A.C. The Compliance Agreement Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS 08459, Rev. 10/20, is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13553.

(5) The importation or movement of non-certified, Commercial or non-commercial shipments of Regulated articles within or into the state is prohibited except as permitted in subsection 5B-65.005(7), F.A.C.

(6) Cut Christmas trees may enter the state provided they are accompanied by a federal certificate required for movement from regulated areas of the United States or a certificate of inspection issued by the Department of Agriculture in the state of origin.

(7) Exemptions:

(a) Regulated articles harvested or produced within a 50-mile radius of the distribution point and not moved more than 50-miles from the point of origin. Regulated articles from locations in states contiguous to Florida that are harvested or produced within 50 miles of a Florida distribution point may enter Florida for direct transport to the distribution point without a certificate if the Regulated articles are accompanied by a proper bill of lading, proof of origin, and any applicable federal certificates for shipments originating from a USDA-regulated area.

(b) Primary and secondary forest products (including saw logs, saw timber, chip-n-saw, sawdust, veneer logs, pulpwood, wood for pallets, pole wood, dead pine distillate wood, pellets and chips) originating from Florida or states contiguous to Florida and transported for processing at mills and plants (including pulp/paper mills, saw mills, plywood plants, oriented strand board plants, pole plants, mulch plants, and biomass plants).

(c) Commercial shipments of processed mulch or processed wood chips for cooking destined for further distribution at retail outlets if the shipments are accompanied by proper bill of lading, proof of origin and any applicable federal certificates for shipments originating from a USDA-regulated area.

(d) Non-commercial shipments of Firewood entering the state for personal consumption will be allowed to enter under the condition that the Firewood will be consumed, burned, or destroyed as soon as possible and not be transported beyond the destination.

History

• Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031(1), (4), (5), (6), (7), (9), (20), (30) FS. History–New 8-10-10, Amended 4-4-13, 10-7-21, 6-24-25.

Chapter 5B-66 FRUIT FLY ERADICATION

Fla. Admin. Code R. 5B-66.001 Definitions and Purpose

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

(a) EPA. The United States Environmental Protection Agency.

(b) Fruit fly. Any life stage of any species of tephritid fruit fly in the genera Anastrepha (except A. suspensa) Bactrocera, Ceratitis, Dacus, Rhagoletis or synonyms thereof.

(c) Host. All fruits (including nuts, dates, and berries), vegetables, and the fruiting bodies of wild and cultivated plants which are capable of infestation by any life stage of any species of fruit fly defined in subsection (2).

(d) Infested. The condition of a host actually harboring a fruit fly in any of its life stages.

(e) Regulated article(s). Any article(s), including soil, capable of transporting or harboring a fruit fly, e.g., host fruits, vegetables, and potted plants.

(f) USDA-APHIS-PPQ. United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine.

(2) The purpose of this rule chapter is to establish procedures for conducting a program to eradicate Fruit flies defined in paragraph 5B-66.001(1)(b), F.A.C., upon their detection in the State of Florida. This rule chapter designates the size of quarantine areas and the requirements for the movement and certification of Hosts and Regulated articles. It also designates the size of treatment areas and the procedures for conducting treatments, outlines program mitigative measures and sets forth the requirements for declaring eradication.

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 12-8-11, Amended 10-7-21.

Fla. Admin. Code R. 5B-66.002 Purpose

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 12-8-11, Repealed 10-7-21.

Fla. Admin. Code R. 5B-66.003 Quarantine Area

(1) A minimum 81-square mile area around a Fruit fly detection shall be quarantined upon finding:

(a) Two adults within three miles of each other within a life cycle; or

(b) One gravid female; or

(c) A larva; or

(d) A pupa.

(2) The geographical boundaries of a quarantine area shall be published in a major newspaper of general distribution in the quarantine area, provided to affected industry groups, and published on the Department’s website at http://www.FDACS.gov/PI.

(3) It shall be unlawful to move a Host of the Fruit fly species detected or a regulated article into, within, through or from a quarantine area unless in accordance with Rule 5B-66.004, F.A.C.

(4) A list of Hosts most likely to be present in a quarantine area shall be published in a major newspaper of general distribution in the quarantine area, provided to affected industry groups, and published on the Department’s website at http://www.FDACS.gov/PI.

(5) An area shall be released from quarantine following a declaration that the fruit fly has been eradicated in accordance with subsection 5B-66.006(5), F.A.C.

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 12-8-11, Amended 10-7-21.

Fla. Admin. Code R. 5B-66.004 Movement or Possession of Hosts or Regulated Articles; Conditions of Certification

(1) Compliance agreements. The certification of handling, processing, treatment, and moving of Hosts and Regulated articles may be accomplished through the use of a compliance agreement. The Compliance Agreement Cooperative Fruit Fly Eradication Program, FDACS 08468, Rev. 05/20, and Compliance Agreement Cooperative Fruit Fly Eradication Program, Aerial Applicator, FDACS-08469, Rev. 05/20, are incorporated herein by reference and samples are available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13534 and http://www.flrules.org/Gateway/reference.asp?No=Ref-13535.

(2) It shall be unlawful for any person to move any Hosts of the Fruit fly species or Regulated articles within, into, through, or out of the quarantine area unless in compliance with this rule chapter and the movement practices have been certified by the Department or the USDA-APHIS-PPQ.

(3) Hosts or Regulated articles within a half-mile of a positive find may only be moved out of a quarantine area if processed with a post-harvest treatment (fumigation or irradiation); or application of a pre-harvest bait spray treatment and Fruit fly trap placement 30 days prior to harvest and monitoring throughout the harvest season with negative detection within the quarantine zone, but outside of the half-mile arc. Hosts or Regulated articles shall be certified by the Department for movement out of a quarantine area for commercial or distribution purposes following confirmation by the Department of either method above. After confirmation, the Department shall issue a Temporary Certificate of Inspection (FDACS-08010), Rev. 10/20, which is incorporated herein by reference and a sample is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13533. Prior to movement of Hosts or Regulated articles, the method of treatment and location of the treatment facility must be documented in the “Additional Declarations” section of FDACS-08010. Interstate movement of Hosts or Regulated articles shall by governed by 7 CFR §301.32 – Subpart – Fruit Flies (§301.32 and §301.32-1 to §301.32-10, 1-1-20 Edition) which is incorporated herein by reference and available at www.govinfo.gov or http://www.flrules.org/Gateway/reference.asp?No=Ref-13536.

(4) Hosts or Regulated articles offered for sale or distribution within the quarantined area shall be certified only if placed under compliance by an authorized representative of the Department or USDA-APHIS-PPQ and certified that the following conditions have been met:

(a) The Hosts or Regulated articles have been received from outside the quarantine area. Vendors or shippers must have proof of origin in the form of written receipts or other documentation traveling with the Hosts or Regulated articles; and,

(b) The Hosts or regulated articles are kept in Fruit fly-proof screened enclosures or sealed containers, cold storage, fly-proof vehicles, or other enclosures to prevent infestation by a Fruit fly.

(5) Hosts or Regulated articles transiting through the quarantine area must be covered by a fly-proof tarp screen or be in enclosed vehicles and accompanied by proof of origin in the form of written receipt or other documentation traveling with Hosts or Regulated articles.

(6) Soil and plants with soil attached:

(a) Soil and plants with soil attached shall be certified for movement only if placed under compliance by an authorized representative of the Department or USDA-APHIS-PPQ and certified that they are not or have not been under the canopy of a Host plant which is bearing Hosts or was capable of bearing Hosts within the previous 60 days.

(b) Soil and plants with soil attached under the canopy of a plant which is capable of bearing Hosts within the previous 60 days, shall be certified provided:

1. All such soil and plants with soil attached are removed to an area clear of plants capable of bearing Hosts;

2. The soil is treated with an EPA-registered pesticide, an Emergency Exempted product as authorized by Federal Insecticide Fungicide and Rodenticide Act (FIFRA), Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product, FIFRA, Section 24(c) [(7 U.S.C. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. These federal sections of FIFRA referenced above are available at www.govinfo.gov.

3. All treatments must be monitored by an authorized representative of the Department or USDA-APHIS-PPQ or pursuant to a compliance agreement as provided in subsection 5B-66.004(1), F.A.C.

(c) Plants bearing Hosts or which were capable of bearing Hosts within the previous 60 days, shall be certified for movement only if placed under compliance by an authorized representative of the Department or USDA-APHIS-PPQ and certified that all Hosts have been removed in accordance with paragraph 5B-66.006(1)(c), F.A.C., and that any soil attached to the Host is treated with an EPA-registered pesticide, an Emergency Exempted product as authorized by FIFRA, Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product as authorized by FIFRA, Section 24(c) [(7 U.S.C. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. All treatments must be monitored by an authorized representative of the Department or USDA-APHIS-PPQ or pursuant to a compliance agreement as provided in subsection 5B-66.004(1), F.A.C.

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 12-8-11, Amended 10-7-21.

Fla. Admin. Code R. 5B-66.005 Confiscation and Disposal of Hosts and Regulated Articles

All Hosts or Regulated articles offered for sale or distribution within the quarantine area that are not in compliance with Rule 5B-66.004, F.A.C., shall be considered infested and:

(1) Shall be confiscated, held, and destroyed by the Department at the expense of the vendor or person having possession of the Hosts or Regulated articles upon issuance of a Hold Order and Quarantine, FDACS-08016, Rev. 02/15, as incorporated in Rule 5B-65.005, F.A.C.; or

(2) Shall be voluntarily destroyed by the vendor or person having possession of the Hosts or Regulated articles pursuant to an Agreement for Treatment, Destruction, Forfeiture or Return of Plants and/or Plant Parts, FDACS-08029, Rev.09/16, as incorporated in Rule 5B-3.0038, F.A.C.

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 12-8-11, Amended 10-7-21.

Fla. Admin. Code R. 5B-66.006 Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication

(1) Treatment areas and treatment procedures to eradicate a Fruit fly infestation will be dependent on the species, life-stages and numbers of Fruit flies detected and the geographical area affected by the Fruit fly infestation. Treatment areas shall be treated under the direction of the Department or the USDA-APHIS-PPQ. All pesticide applications will be applied in accordance with applicable federal and state regulations, implementing mitigative measures to reduce environmental and public impact as described in subsection 5B-66.006(4), F.A.C. The Department or other parties acting in concert with the Department through a compliance agreement shall use the following treatment activities or combination thereof:

(a) Ground or aerial applications of an EPA-registered pesticide, an Emergency Exempted product as authorized by FIFRA, Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product as authorized by FIFRA, Section 24(c) [(7 U.S.C. 136v, effective October 25, 1988] that are labeled as effective for Fruit fly control.

(b) Bait stations applied to host plants or plants capable of harboring adult fruit flies;

(c) The removal and disposal of all Hosts or Regulated articles within 200 meters of a larva or gravid female detection site known or suspected to harbor any stage of the Fruit fly species detected;

(d) The placement of traps;

(e) The release of sterile Fruit flies to achieve eradication.

(2) The geographical boundaries of treatment areas shall be published in a major newspaper of general distribution in the treatment area, provided to affected industry groups, and published on the Department’s website at http://www.FDACS.gov/PI.

(a) When a single male or unmated female fruit fly is detected, an intensified monitoring program will be implemented in a delimitation area which will be a minimum 81-square mile area around the positive site.

(b) When two adult Fruit flies are detected within three miles of each other within a life cycle, or a single gravid female, larva, or pupa are detected, a delimitation monitoring program will be implemented in a minimum 81-square mile area around the positive site. The area for pesticide treatments shall be a minimum 1.5-mile arc around a positive site.

(c) If a larva is detected, in addition to paragraph 5B-66.006(1)(b) above, the soil under the canopy of all Host plants on the property and each adjacent property shall be drenched with an EPA-registered pesticide, an Emergency Exempted product as authorized by FIFRA, Section 18 [7 U.S.C. 136p, effective December 13, 1991], or a Special Local Need product as authorized by FIFRA, Section 24(c) [(7 U.S.C. 136 v, effective October 25, 1988] that are labeled as effective for Fruit fly control. All Hosts shall be removed within a 200 meter radius of the positive site by the Department or the USDA-APHIS-PPQ.

(3) Treatment procedures. Treatments will be conducted in accordance with the following procedures upon notification of applicable federal, state, and local government agencies, and officials who will be provided an opportunity for input into program procedures or mitigative measures or participation in program monitoring activities:

(a) All necessary control actions will be conducted based on the species of fruit fly detected using the treatments necessary to prevent further spread and achieve eradication.

(b) Local hospitals and public health facilities and agencies will be notified of the pesticide treatment schedules and the types of pesticides used and all accidental pesticide exposures will be reported to the appropriate local, state and federal authorities.

(c) All applicable environmental laws and regulations will be followed and an environmental monitoring program in accordance with applicable federal and state environmental laws will be implemented.

(d) All pesticides will be applied under the supervision of certified applicators in accordance with label instructions, applicable quarantine or emergency exemptions, USDA Environmental Impact Statements, site specific Environmental Assessments and state licensing requirements.

(e) All appropriate program personnel will be trained on the proper use and storage of materials and instructed on emergency procedures in the event of accidental chemical exposure.

(f) All necessary safety and cleaning equipment, protective clothing and Material Safety Data Sheets will be provided to program personnel.

(4) Mitigative Measures. The following mitigative measures will be taken to reduce public and environmental impact:

(a) Residents in treatment areas shall be notified in person or by publication in a major newspaper of general distribution in the treatment area at least 24 hours in advance of the date and time of planned pesticide treatments, notice will be provided to affected industry groups and published on the Department’s website at http://www.FDACS.gov/PI. Notifications will be in English or other languages as necessary based on the ethnic structure of the community. The notification shall include basic information about the program, the geographical boundaries of the treatment area, treatment procedures and measures to be taken to avoid exposure and reduce damage.

(b) A telephone help line system will be established to keep the public informed of program activities and serve as a mechanism for registering and responding to complaints.

(c) Beekeepers in the treatment area will be notified at least 24 hours in advance of any chemical applications.

(d) The United States Department of the Interior’s Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission will be contacted to determine the presence of any endangered or threatened species in need of protection within the treatment area and the program shall take appropriate measures to protect those species as recommended by these agencies.

(e) Sensitive areas in or near treatment areas shall be identified prior to chemical treatments and appropriate measures taken to ensure that these areas are not adversely affected.

(f) All control actions will be conducted with appropriate concern for potential impact on the public, wildlife, non-target organisms and sensitive areas.

(5) Declaration of Eradication. Following the completion of all treatments, eradication shall be declared when no Fruit fly is detected after a period of a minimum of two Fruit fly life cycles. The Department shall publish notice of the Declaration of Eradication in a major newspaper of general distribution in the quarantine area, provided to affected industry groups, and published on the Department’s website at http://www.FDACS.gov/PI.

(6) Program Evaluation. Following the completion of a fruit fly eradication program, program activities and monitoring results will be reviewed and evaluated and appropriate changes implemented for future programs.

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 12-8-11, Amended 10-7-21.

Chapter 5B-67 GIANT AFRICAN LAND SNAIL

Fla. Admin. Code R. 5B-67.001 Definitions

History

• Rulemaking Authority 570.07(23), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 10-9-13, Repealed 6-23-26.

Fla. Admin. Code R. 5B-67.002 Purpose and Declaration of a Nuisance

History

• Rulemaking Authority 570.07(23), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 10-9-13, Repealed 6-23-26.

Fla. Admin. Code R. 5B-67.003 Quarantine Area

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 10-9-13, Repealed 6-23-26.

Fla. Admin. Code R. 5B-67.004 Movement or Possession of Hosts or Regulated Articles; Conditions of Certification from Regulated Areas

History

• Rulemaking Authority 570.07(23), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 10-9-13, Repealed 6-23-26.

Fla. Admin. Code R. 5B-67.005 Confiscation and Disposal of Hosts and Regulated Articles

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 10-9-13, Repealed 6-23-26.

Fla. Admin. Code R. 5B-67.006 Treatment Areas, Treatment Procedures, Mitigative Measures, and Declaration of Eradication

History

• Rulemaking Authority 570.07(23), (24), 581.031(1), (5), (7), (17) FS. Law Implemented 570.32(5), (6), 581.031(6), (7), (9), (15), (17), (20), (26), (30), 581.101, 581.161, 581.181 FS. History–New 10-9-13, Repealed 6-23-26.

Division 5F Division of Standards

Chapter 5F-1 WEIGHTS AND MEASURES

Fla. Admin. Code R. 5F-1.001 General Code

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20, 531.29 FS. History–New 3-20-67, Formerly 5F-1.01, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.002 Scales

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.02, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.003 Weights

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.03, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.004 Liquid-measuring Devices

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.04, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.005 Vehicle-tank Meters

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.05, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.006 Liquid Measures

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.06, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.007 Vehicle Tanks Used as Measures

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.07, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.008 Farm Milk Tanks

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.08, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.009 Measure-containers

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.09, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.010 Lubricating-oil Bottles

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.10, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.011 Graduates

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.11, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.012 Linear Measures

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.12, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.013 Fabric-measuring Devices

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.13, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.014 Cordage-measuring Devices

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.14, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.015 Taximeters

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.15, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.016 Odometers

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.16, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.017 Dry Measures

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.17, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.018 Berry Baskets and Boxes

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.18, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.019 Packaged Goods

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.19, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.020 Liquefied Petroleum Gas Liquid-measuring Devices

History

• Rulemaking Authority 531.19 FS. Law Implemented 531.16, 531.17, 531.19, 531.20 FS. History–New 3-20-67, Formerly 5F-1.20, Repealed 1-20-82.

Fla. Admin. Code R. 5F-1.030 Purpose

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.415 FS. History–New 10-10-93, Repealed 10-31-17.

Fla. Admin. Code R. 5F-1.040 Fees

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.415 FS. History–New 10-10-93, Amended 3-17-98, 3-21-02, Repealed 10-31-17.

Fla. Admin. Code R. 5F-1.050 Payment of Fees

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.415 FS. History–New 10-10-93, Amended 3-17-98, 3-21-02, Repealed 10-31-17.

Fla. Admin. Code R. 5F-1.060 Transportation of Equipment

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.415 FS. History–New 10-10-93, Repealed 7-5-95.

Fla. Admin. Code R. 5F-1.070 Proof of Exempt Status

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.415 FS. History–New 10-10-93, Repealed 10-31-17.

Chapter 5F-2 GASOLINE AND OIL INSPECTION

Fla. Admin. Code R. 5F-2.001 Standards

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.035, 525.037, 525.14 FS. History–New 1-15-68, 7-1-71, 7-1-73, 12-1-73, 11-16-74, 2-13-80, 5-3-83, Formerly 5F-2.01, Amended 5-3-90, 8-13-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 4-18-05, 6-1-06, 5-6-08, 1-3-10, 4-3-14, Transferred to 5J-21.001.

Fla. Admin. Code R. 5F-2.002 Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.035, 525.037, 525.16 FS. History–New 7-1-71, Amended 7-1-73, Repromulgated 12-31-74, Amended 2-13-80, Formerly 5F-2.02, Amended 5-3-90, 8-13-92, 1-24-93, 11-29-94, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Transferred to 5J-21.002.

Fla. Admin. Code R. 5F-2.003 Registration and Identification

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.01, 525.09, 525.035, 525.037, 525.14 FS. History–New 12-31-74, Amended 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Transferred to 5J-21.003.

Fla. Admin. Code R. 5F-2.005 Inaccurate Measuring Devices

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.07 FS. History–New 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94, 5-6-08, 1-3-10, 1-7-15, Transferred to 5J-21.005.

Fla. Admin. Code R. 5F-2.006 Inspection Identification Stickers

History

• Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.07 FS. History–New 12-31-74, Formerly 5F-2.06, Amended 1-3-10, 1-7-15, Transferred to 5J-21.006.

Fla. Admin. Code R. 5F-2.014 Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, and Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 Meter Sealing Requirements, and Other Related Requirements

History

• Rulemaking Authority 525.14, 531.40, 531.41(3), 570.07(23) FS. Law Implemented 525.07, 531.40 FS. History–New 1-1-74, Amended 7-1-74, Repromulgated 12-31-74, Amended 4-18-75, 1-25-76, 1-17-77, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-2.14, Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Transferred to 5J-21.007.

Fla. Admin. Code R. 5F-2.016 Guidelines for Imposing Administrative Penalties

History

• Rulemaking Authority 525.14, 531.41, 570.07(23) FS. Law Implemented 525.16 FS. History–New 2-24-00, Amended 7-30-02, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Transferred to 5J-21.008.

Chapter 5F-3 MODEL STATE PACKAGING AND LABELING REGULATION

Fla. Admin. Code R. 5F-3.001 Adoption of Uniform Packaging and Labeling Regulation

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47, 531.49 FS. History–New 1-1-73, Formerly 5F-3.01, Amended 6-14-95, 8-27-98, 8-19-99, 7-3-00, 9-3-01, 6-23-02, 6-29-03, 6-21-04, 6-2-05, 5-23-06, 5-25-16, Repealed 10-31-17.

Fla. Admin. Code R. 5F-3.002 Applications

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4) FS. History–New 1-1-73, Formerly 5F-3.02, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.003 Definitions

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4) FS. History–New 1-1-73, Formerly 5F-3.03, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.004 Identity

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47(1) FS. History–New 1-1-73, Formerly 5F-3.04, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.005 Declaration of Identity: Nonconsumer Package

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47(1) FS. History–New 1-1-73, Formerly 5F-3.05, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.006 Declaration of Responsibility: Consumer and Nonconsumer Packages

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47(3) FS. History–New 1-1-73, Formerly 5F-3.06, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.007 Declaration of Quantity: Consumer Packages

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47(2) FS. History–New 1-1-73, Formerly 5F-3.07, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.008 Declaration of Quantity: Nonconsumer Packages

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47(2) FS. History–New 1-1-73, Formerly 5F-3.08, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.009 Prominence and Placement: Consumer Packages

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47 FS. History–New 1-1-73, Formerly 5F-3.09, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.010 Prominence and Placement: Nonconsumer Packages

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47 FS. History–New 1-1-73, Formerly 5F-3.10, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.011 Requirements: Specific Consumer Commodities, Packages, Containers

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4), 531.47 FS. History–New 1-1-73, Formerly 5F-3.11, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.012 Exemptions

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4)(5) FS. History–New 1-1-73, Formerly 5F-3.12, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.013 Variations to Be Allowed

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4) FS. History–New 1-1-73, Formerly 5F-3.13, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.014 Retail Sale Price Representations

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4) FS. History–New 1-1-73, Formerly 5F-3.14, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.015 Revocation of Conflicting Regulations

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(4) FS. History–New 1-1-73, Formerly 5F-3.15, Repealed 6-14-95.

Fla. Admin. Code R. 5F-3.016 Package Testing Procedures

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(13) FS. History–New 4-9-98, Amended 6-23-02, 6-29-03, 6-2-05, 5-25-16, Repealed 10-31-17.

Chapter 5F-4 VOLUNTARY REGISTRATION OF SERVICEMEN AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES

Fla. Admin. Code R. 5F-4.001 Purpose

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.01, Amended 6-14-95, 5-25-16, Repealed 10-31-17.

Fla. Admin. Code R. 5F-4.002 Policy

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.02, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.003 Definitions

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.03, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.004 Reciprocity

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.04, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.005 Voluntary Registration

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.05, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.006 Certificate of Registration

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.06, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.007 Privileges of a Voluntary Registrant

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.07, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.008 Placed in Service Report

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.08, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.009 Standards and Testing Equipment

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.09, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.010 Revocation of Certificate of Registration

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.10, Repealed 6-14-95.

Fla. Admin. Code R. 5F-4.011 Publication of Lists of Registered Servicemen and Registered Service Agencies

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.41(7) FS. History–New 1-1-73, Formerly 5F-4.11, Repealed 6-14-95.

Chapter 5F-5 SPECIFICATIONS, TOLERANCES, AND OTHER TECHNICAL REQUIREMENTS FOR COMMERCIAL WEIGHING AND MEASURING DEVICES

Fla. Admin. Code R. 5F-5.001 Adoption of Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices

History

• Rulemaking Authority 531.40, 531.41(3) FS. Law Implemented 531.40 FS. History–New 1-1-73, Amended 7-1-74, 4-18-75, 1-25-76, 1-17-77, 3-29-78, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-5.01, Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 6-21-94, 8-16-95, 10-8-96, 8-27-98, 8-19-99, 7-3-00, 9-3-01, 6-23-02, 6-29-03, 6-21-04, 6-2-05, 5-23-06, 9-2-07, 3-9-11, 5-25-16, Repealed 10-31-17.

Fla. Admin. Code R. 5F-5.002 Weighing or Measuring Device Permits; Requirements and Fees

History

• Rulemaking Authority 531.66, 570.07(23) FS. Law Implemented 531.42(1), (2), 531.50, 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 FS. History–New 10-14-09, Amended 3-9-11, Repealed 10-31-17.

Chapter 5F-6 BRAKE FLUID SPECIFICATIONS AND STANDARDS

Fla. Admin. Code R. 5F-6.001 Performance Specifications and Standards for Motor Vehicle Brake Fluid

History

• Rulemaking Authority 526.52(1), 526.53(4), 570.07(23) FS. Law Implemented 526.53(1), (2), 526.54 FS. History–New 5-8-78, Formerly 5F-6.01, Amended 12-9-98, 12-9-02, 6-21-04, 2-26-14, Transferred to 5J-24.001.

Fla. Admin. Code R. 5F-6.002 Registration

History

• Rulemaking Authority 526.53(4), 570.07(23) FS. Law Implemented 526.51, 526.52, 526.53 FS. History–New 2-26-14, Transferred to 5J-24.002.

Fla. Admin. Code R. 5F-6.003 Guidelines for Imposing Administrative Penalties

History

• Rulemaking Authority 526.53(4), 570.07(23) FS. Law Implemented 526.55 FS. History–New 2-26-14, Transferred to 5J-24.003.

Chapter 5F-7 UNIFORM REGULATIONS FOR THE METHOD OF SALES OF COMMODITIES

Fla. Admin. Code R. 5F-7.001 Purpose

History

• Rulemaking Authority 531.41(3), (4), 531.45 FS. Law Implemented 531.41(3), (4), 531.45 FS. History–New 1-8-90, Repealed 6-14-95.

Fla. Admin. Code R. 5F-7.002 Polyethylene Products

History

• Rulemaking Authority 531.41(3), (4), 531.45 FS. Law Implemented 531.41(3), (4), 531.45 FS. History–New 1-8-90, Repealed 6-14-95.

Fla. Admin. Code R. 5F-7.003 Mulch

History

• Rulemaking Authority 531.41(3), (4), 531.45 FS. Law Implemented 531.41(3), (4), 531.45 FS. History–New 1-1-91, Repealed 6-14-95.

Fla. Admin. Code R. 5F-7.004 Pest and Peat Moss

History

• Rulemaking Authority 531.41(3), (4), 531.45 FS. Law Implemented 531.41(3), (4), 531.45 FS. History–New 1-8-90, Repealed 6-14-95.

Fla. Admin. Code R. 5F-7.005 Adoption of Uniform Method of Sale Regulation

History

• Rulemaking Authority 531.41(3), (4), 531.45 FS. Law Implemented 531.41(3), (4), 531.45 FS. History–New 1-8-90, Amended 6-14-95, 8-27-98, 8-19-99, 7-3-00, 9-3-01, 6-23-02, 6-29-03, 6-21-04, 6-2-05, 5-23-06, 5-25-16, Repealed 10-31-17.

Chapter 5F-8 PERMITTING AND INSPECTION REQUIREMENTS FOR AMUSEMENT DEVICES AND AMUSEMENT ATTRACTIONS

Fla. Admin. Code R. 5F-8.001 Definitions

History

• Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.001, 616.242 FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 1-22-02, Transferred to 5J-18.001.

Fla. Admin. Code R. 5F-8.0011 Standards Adopted

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4) FS. History–New 2-14-99, Amended 10-2-07, 5-30-10, Transferred to 5J-18.0011.

Fla. Admin. Code R. 5F-8.0012 Bureau of Fair Rides Inspection Forms

History

• Rulemaking Authority 616.165, 616.242(4), (5), (6), (7), (10), (11), (14), (15), (16) FS. Law Implemented 616.242(4), (5), (6), (7), (10), (11), (14), (15), (16) FS. History–New 2-14-99, Amended 5-30-05, 10-2-07, 5-30-10, Transferred to 5J-18.0012.

Fla. Admin. Code R. 5F-8.002 Application for Annual Permit, USAID Number

History

• Rulemaking Authority 616.165, 616.242(5) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, Transferred to 5J-18.002.

Fla. Admin. Code R. 5F-8.003 Qualified Inspectors

History

• Rulemaking Authority 616.165, 616.242(3)(q), (5) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 10-10-01, 5-30-05, 10-2-07, Transferred to 5J-18.003.

Fla. Admin. Code R. 5F-8.004 Nondestructive Testing of Amusement Rides

History

• Rulemaking Authority 616.165, 616.242(4), (6) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 5-30-05, Transferred to 5J-18.004.

Fla. Admin. Code R. 5F-8.005 Request for Inspections, Reinspections

History

• Rulemaking Authority 616.165, 616.242(7) FS. Law Implemented 616.241, 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 11-4-02, 5-30-05, Transferred to 5J-18.005.

Fla. Admin. Code R. 5F-8.0051 Inspection Standards

History

• Rulemaking Authority 616.165, 616.242(11) FS. Law Implemented 616.242 FS. History–New 9-21-93, Amended 2-23-94, 2-14-99, 5-30-05, Transferred to 5J-18.0051.

Fla. Admin. Code R. 5F-8.009 Inspections by Owner or Manager

History

• Rulemaking Authority 616.165, 616.242(15) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, 5-30-10, Transferred to 5J-18.009.

Fla. Admin. Code R. 5F-8.012 Fees

History

• Rulemaking Authority 616.165, 616.242(7), (8), (13) FS. Law Implemented 616.242(8) FS. History–New 9-15-92, Amended 2-23-94, 5-27-96, 9-23-97, 2-14-99, 3-21-00, 12-4-00, 1-22-02, 5-30-05, Transferred to 5J-18.012.

Fla. Admin. Code R. 5F-8.0125 Fencing and Gate Standards

History

• Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242 FS. History–New 5-30-10, Transferred to 5J-18.0125.

Fla. Admin. Code R. 5F-8.0127 Enforcement Actions and Administrative Penalties

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19) FS. History–New 5-30-10, Transferred to 5J-18.0127.

Fla. Admin. Code R. 5F-8.0128 Resolution of Violations, Settlement, and Additional Enforcement Remedies

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19) FS. History–New 5-30-10, Transferred to 5J-18.0128.

Fla. Admin. Code R. 5F-8.013 Application of Rules to Amusement Rides Utilizing Bungy Cords

History

• Rulemaking Authority 616.165, 616.242(4), (10) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 3-12-95, 2-14-99, Transferred to 5J-18.013.

Fla. Admin. Code R. 5F-8.014 Training of Managers, Attendants, and Maintenance Persons

History

• Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(16) FS. History–New 7-31-94, Amended 2-14-99, 5-30-05, 5-30-10, Transferred to 5J-18.014.

Fla. Admin. Code R. 5F-8.0142 Reporting of Accidents and Mechanical, Structural or Electrical Defects

History

• Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.242(14) FS. History–New 2-14-99, Amended 5-30-05, Transferred to 5J-18.0142.

Fla. Admin. Code R. 5F-8.015 Regulation of Go-Kart Tracks and Similar Vehicles

History

• Rulemaking Authority 616.165, 616.242(15) FS. Law Implemented 616.242 FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Transferred to 5J-18.015.

Fla. Admin. Code R. 5F-8.016 Regulation of Water Parks

History

• Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242(4) FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Transferred to 5J-18.016.

Fla. Admin. Code R. 5F-8.024 Exempt Nonmotorized or Human Powered Amusement Rides

History

• Rulemaking Authority 616.165, 616.242(4)(b), (10)(b) FS. Law Implemented 616.242 FS. History–New 10-10-01, Amended 5-30-05, Transferred to 5J-18.024.

Fla. Admin. Code R. 5F-8.025 Regulation of Bungy Operations

History

• Rulemaking Authority 616.165, 616.242(4)(c), (6) FS. Law Implemented 616.242 FS. History–New 11-11-92, Amended 6-13-93, 9-21-93, 2-23-94, 4-15-94, 7-5-94, 5-7-96, 2-14-99, 5-30-10, Transferred to 5J-18.025.

Fla. Admin. Code R. 5F-8.050 Games

History

• Rulemaking Authority 616.241(10), 616.242(4) FS. Law Implemented 616.241(10) FS. History–New 5-8-94, Amended 2-14-99, 5-30-10, Transferred to 5J-18.050.

Chapter 5F-10 ANTIFREEZE SPECIFICATIONS AND STANDARDS

Fla. Admin. Code R. 5F-10.001 Standards

History

• Rulemaking Authority 501.921, 570.07(23) FS. Law Implemented 501.913, 501.917, 501.921 FS. History–New 10-6-93, Amended 7-5-95, 12-9-98, 6-25-00, 10-22-01, 12-9-02, 12-7-04, 2-5-07, 6-4-14, Transferred to 5J-23.001.

Fla. Admin. Code R. 5F-10.0015 Registration

History

• Rulemaking Authority 501.913, 570.07(23) FS. Law Implemented 501.913, 501.918, 501.919 FS. History–New 6-4-14, Transferred to 5J-23.0015.

Fla. Admin. Code R. 5F-10.003 Guidelines for Imposing Administrative Penalties

History

• Rulemaking Authority 501.922, 570.07(23) FS. Law Implemented 501.913, 501.918, 501.919, 501.922 FS. History–New 6-4-14, Transferred to 5J-23.003.

Chapter 5F-11 LIQUEFIED PETROLEUM GAS INSPECTION

Fla. Admin. Code R. 5F-11.001 Definitions

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Amended 7-18-85, Formerly 4B-1.21, 4B-1.021, Amended 3-15-94, 7-20-95, 7-28-14, Transferred to 5J-20.001.

Fla. Admin. Code R. 5F-11.002 Standards of National Fire Protection Association Adopted

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.01, Amended 7-18-85, Formerly 4B-1.01, Amended 10-8-86, 2-6-90, 8-9-92, Formerly 4B-1.001, Amended 7-20-95, 7-23-97, 6-8-99, 5-23-00, 9-2-02, 1-29-06, 8-2-07, 5-28-08, 4-6-12, 12-9-14, Transferred to 5J-20.002.

Fla. Admin. Code R. 5F-11.003 Incorporation of Publications by Reference

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Amended 7-18-85, Formerly 4B-1.23, Amended 10-8-86, 2-6-90, 8-9-92, 8-31-93, Formerly 4B-3.023, Repealed 7-20-95.

Fla. Admin. Code R. 5F-11.004 Bureau of Liquefied Petroleum Gas Inspection Forms

History

• Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 119.07(4)(c), 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11 FS. History–New 6-8-88, Amended 2-5-91, 3-18-92, Formerly 4B-1.034, Amended 7-20-95, 6-8-99, 7-28-14, Transferred to 5J-20.004.

Fla. Admin. Code R. 5F-11.005 Lack of Trustworthiness

History

• Rulemaking Authority 527.02(1)(b), 527.06 FS. Law Implemented 527.02(1)(b), 527.06 FS. History–New 6-18-87, Formerly 4B-1.031, Transferred to 5J-20.005.

Fla. Admin. Code R. 5F-11.006 General Safety Provisions

PART II LICENSING

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 10-1-86, Formerly 4B-3.025, Repealed 7-20-95.

Fla. Admin. Code R. 5F-11.011 Effect of Revocation or Suspension Upon Reapplication for Licensure

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.14 FS. History–New 8-5-85, Formerly 4B-1.24, 4B-1.024, Transferred to 5J-20.011.

Fla. Admin. Code R. 5F-11.012 Installer Licenses

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.01(11), 527.02(2), 527.0201, 527.04 FS. History–New 8-31-93, Formerly 4B-1.036, Amended 9-2-02, 7-28-14, Transferred to 5J-20.012.

Fla. Admin. Code R. 5F-11.013 Minimum Storage as Relates to Liquefied Petroleum Gas

PART III CONTAINERS

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.11 FS. History–New 8-7-80, Formerly 4A-1.13, Amended 7-18-85, Formerly 4B-1.10, Amended 10-8-86, 2-6-90, Formerly 4B-1.010, Amended 7-20-95, 9-5-01, 7-28-14, Transferred to 5J-20.013.

Fla. Admin. Code R. 5F-11.021 Testing and Repairing Containers

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.06, Formerly 4B-1.06, 4B-1.006, Transferred to 5J-20.021.

Fla. Admin. Code R. 5F-11.022 Marking of Containers; Posting of Owner Contact Information at Dealer Locations

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.16, Formerly 4B-1.12, 4B-1.012, Amended 3-15-94, 7-28-14, Transferred to 5J-20.022.

Fla. Admin. Code R. 5F-11.023 Manufacturer’s Data Sheets Covering ASME Tanks

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.20, 4B-1.15, 4B-1.015, Amended 7-20-95, 4-30-96, Transferred to 5J-20.023.

Fla. Admin. Code R. 5F-11.024 Piping, Tubing or Regulators

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.05, 4B-1.05, 4B-1.005, Repealed 7-20-95.

Fla. Admin. Code R. 5F-11.025 Color Scheme for Piping Identification

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.21, 4B-1.16, 4B-1.016, Transferred to 5J-20.025.

Fla. Admin. Code R. 5F-11.026 Unsafe Container or System

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.10 FS. History–New 3-15-94, Formerly 4B-1.037, Amended 7-20-95, 7-28-14, Transferred to 5J-20.026.

Fla. Admin. Code R. 5F-11.027 Approval of Liquefied Petroleum Gas Containers

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 6-5-97, Amended 1-29-06, 8-2-07, Transferred to 5J-20.027.

Fla. Admin. Code R. 5F-11.028 Installation of Containers on Roofs of Buildings

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.062 FS. History–New 6-8-99, Amended 5-23-00, 9-2-02, 1-29-06, Transferred to 5J-20.028.

Fla. Admin. Code R. 5F-11.029 Inspection of DOT Cylinders

PART IV TRANSPORTATION OF LP GAS

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 5-9-04, Amended 1-29-06, 7-28-14, Transferred to 5J-20.029.

Fla. Admin. Code R. 5F-11.031 Name to Be Displayed on Vehicles

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.07, 4B-1.07, 4B-1.007, Repealed 7-20-95.

Fla. Admin. Code R. 5F-11.032 Cargo Valves in Transit

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.19, 4B-1.14, 4B-1.014, Repealed 3-15-94.

Fla. Admin. Code R. 5F-11.033 Truck Safety; Regulations

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 6-8-88, Formerly 4B-1.033, Amended 3-15-94, Transferred to 5J-20.033.

Fla. Admin. Code R. 5F-11.034 Transportation of Liquefied Petroleum Gas by Pipeline

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06(3) FS. History–New 8-7-80, Formerly 4A-1.29, 4B-1.20, Amended 2-5-91, Formerly 4B-1.020, Transferred to 5J-20.034.

Fla. Admin. Code R. 5F-11.035 Standards for School Buses

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Amended 7-18-85, Formerly 4A-1.22, Amended 10-8-86, 2-6-90, 8-9-92, Formerly 4B-1.022, Repealed 7-20-95.

Fla. Admin. Code R. 5F-11.036 Responsibility of Subcontractors

PART V INSTALLATIONS; GENERAL PROCEDURES

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-9-86, Formerly 4A-1.026, Repealed 7-20-95.

Fla. Admin. Code R. 5F-11.041 Underground Installations

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 8-9-92, Formerly 4B-1.027, Amended 11-6-95, 4-30-96, Transferred to 5J-20.041.

Fla. Admin. Code R. 5F-11.042 Underground Tanks; Regulators

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, Formerly 4B-1.028, Transferred to 5J-20.042.

Fla. Admin. Code R. 5F-11.043 Out of Service Account Procedure

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 2-6-90, 8-9-92, Formerly 4B-1.029, Amended 4-30-96, 9-2-02, 1-29-06, Transferred to 5J-20.043.

Fla. Admin. Code R. 5F-11.044 Out-of-gas, Leak Call, and Interrupted Service Procedure

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 2-6-90, 12-31-91, Formerly 4B-1.030, Amended 1-29-06, 7-28-14, Transferred to 5J-20.044.

Fla. Admin. Code R. 5F-11.045 Dispensing Units

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 6-8-88, Formerly 4B-1.032, Amended 3-15-94, 7-20-95, 6-5-97, 9-2-02, 1-29-06, 7-28-14, Transferred to 5J-20.045.

Fla. Admin. Code R. 5F-11.046 Introducing Gas into Containers for Transportation; Dealer to Insure Compliance

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.15, Amended 7-18-85, Formerly 4B-1.11, Amended 10-8-86, 2-6-90, Formerly 4B-1.011, Amended 1-29-06, Transferred to 5J-20.046.

Fla. Admin. Code R. 5F-11.047 Connecting or Disconnecting Containers or Systems; Notice to Owner; Transportation

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.07 FS. History–New 8-7-80, Formerly 4A-1.11, Amended 7-18-85, Formerly 4B-1.08, Amended 2-6-90, 2-5-91, Formerly 4B-1.008, Amended 7-28-14, Transferred to 5J-20.047.

Fla. Admin. Code R. 5F-11.048 Storage of Cylinders Awaiting Use, Resale, or Exchange

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06(2) FS. History–New 2-5-91, Formerly 4B-1.035, Amended 7-20-95, 7-28-14, Transferred to 5J-20.048.

Fla. Admin. Code R. 5F-11.049 Use of Liquefied Petroleum Gas Limited

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.04, Amended 7-18-85, Formerly 4B-1.04, Amended 2-15-94, Formerly 4B-1.004, Transferred to 5J-20.049.

Fla. Admin. Code R. 5F-11.050 Installation of Unvented Room Heaters

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 1-24-95, Amended 1-29-06, 8-2-07, Transferred to 5J-20.050.

Fla. Admin. Code R. 5F-11.051 Construction Notification

PART VI EXAMINATIONS, TRAINING AND CONTINUING EDUCATION

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 4-30-96, Transferred to 5J-20.051.

Fla. Admin. Code R. 5F-11.060 Documentation of Training, General

History

• Rulemaking Authority 527.02(4), 527.06 FS. Law Implemented 527.02(4), 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Transferred to 5J-20.060.

Fla. Admin. Code R. 5F-11.061 Qualifier and Master Qualifier Examinations; Applicant Qualifications

History

• Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Transferred to 5J-20.061.

Fla. Admin. Code R. 5F-11.062 Approved Courses of Continuing Education

History

• Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Transferred to 5J-20.062.

Fla. Admin. Code R. 5F-11.063 Approval of Outside Vendor Training Programs

History

• Rulemaking Authority 527.02(2), (4)(c), 527.055, 527.06 FS. Law Implemented 527.02(2), (4)(c), 527.055, 527.06 FS. History–New 1-15-02, Transferred to 5J-20.063.

Fla. Admin. Code R. 5F-11.064 Renewal of Qualifier and Master Qualifier Certificates

History

• Rulemaking Authority 527.0201, 527.055, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Transferred to 5J-20.064.

Fla. Admin. Code R. 5F-11.065 Re-examination Procedures

History

• Rulemaking Authority 527.055, 527.06 FS. Law Implemented 527.02(2), (4)(a), 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Transferred to 5J-20.065.

Fla. Admin. Code R. 5F-11.066 Reporting of Qualifier and Master Qualifier Vacancies

PART VII FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.0201(6), 527.055, 527.06 FS. History–New 7-28-14, Transferred to 5J-20.066.

Fla. Admin. Code R. 5F-11.070 Definitions

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.23 FS. History–New 7-8-98, Transferred to 5J-20.070.

Fla. Admin. Code R. 5F-11.071 Rate of Assessments; Effective Date

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.23(9), (11), (12) FS. History–New 7-8-98, Amended 1-1-14, Transferred to 5J-20.071.

Fla. Admin. Code R. 5F-11.072 Payment of Assessments; Penalties

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.12, 527.13, 527.23(9), (12) FS. History–New 7-8-98, Amended 1-1-14, Transferred to 5J-20.072.

Fla. Admin. Code R. 5F-11.073 Payment Agreements; Purchaser Responsibilities

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.23(12) FS. History–New 7-8-98, Transferred to 5J-20.073.

Fla. Admin. Code R. 5F-11.074 Audits

History

• Rulemaking Authority 527.23(13) FS. Law Implemented 527.055(3) FS. History–New 7-8-98, Transferred to 5J-20.074.

Fla. Admin. Code R. 5F-11.078 Facility Inspection Report; Vehicle Inspection Report; Notice of Required Correction; Failure to Correct

History

• Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.061, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Transferred to 5J-20.078.

Fla. Admin. Code R. 5F-11.080 Enforcement Actions and Administrative Penalties

History

• Rulemaking Authority 120.569, 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Transferred to 5J-20.080.

Fla. Admin. Code R. 5F-11.082 Resolution of Violations, Settlement, and Additional Enforcement Remedies

History

• Rulemaking Authority 527.06, 570.07(23) FS. Law Implemented 527.06, 527.08, 527.09, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Transferred to 5J-20.082.

Chapter 5F-12 TEST PROCEDURES TO DETERMINE ACCEPTABLE PRICING PRACTICES

Fla. Admin. Code R. 5F-12.001 Adoption of Examination Procedure for Price Verification

History

• Rulemaking Authority 531.41(3), 531.44(2) FS. Law Implemented 531.44 FS. History–New 4-9-98, Amended 6-2-05, 5-23-06, 5-25-16, Repealed 10-31-17.

Chapter 5F-13 GUIDELINES FOR IMPOSING ADMINISTRATIVE PENALTIES AND FINES FOR VIOLATIONS OF CHAPTER 531, FLORIDA STATUES

Fla. Admin. Code R. 5F-13.001 Guidelines for Imposing Administrative Penalties and Fines for Violations of Chapter 531, Florida Statutes

History

• Rulemaking Authority 531.41(3) FS. Law Implemented 531.50(1) FS. History–New 8-27-06, Repealed 10-31-17.

Chapter 5F-14 Farm To Fuel Grants Program

Fla. Admin. Code R. 5F-14.001 General

History

• Rulemaking Authority 570.957 FS. Law Implemented 570.957 FS. History–New 11-12-07, Repealed 10-21-14.

Fla. Admin. Code R. 5F-14.002 Definitions

History

• Rulemaking Authority 570.957 FS. Law Implemented 570.957 FS. History–New 11-12-07, Repealed 10-21-14.

Fla. Admin. Code R. 5F-14.003 Grant Proposals; Criteria; Ranking; Award:

History

• Rulemaking Authority 570.957 FS. Law Implemented 570.957 FS. History–New 11-12-07, Repealed 10-21-14.

Division 5I Florida Forest Service

Chapter 5I-2 OPEN BURNING

Fla. Admin. Code R. 5I-2.001 General

History

• Rulemaking Authority 570.07(23), (28) FS. Law Implemented 589.07(28) FS. History–New 7-1-71, Formerly 17-5, 5I-2.01, Amended 9-8-93, Repealed 8-16-95.

Fla. Admin. Code R. 5I-2.002 Declaration and Intent

History

• Rulemaking Authority 570.07(23), (28) FS. Law Implemented 589.07(28) FS. History–New 7-1-71, Formerly 17-5, 5I-2.02, Amended 9-8-93, Repealed 8-16-95.

Fla. Admin. Code R. 5I-2.003 Definitions

(1) “Agricultural Burning” is the burning of vegetative material originating on site in conjunction with the cultivation of land, and including: gardening or horticulture, fruit growing, raising of vegetables, trees, shrubs, plants, pastures or rangeland.

(2) “Air Curtain Incinerator” is a portable or stationary combustion device that directs a plane of high velocity forced draft air through a manifold head into a pit with vertical walls in such a manner as to maintain a curtain of air over the surface of the pit and a recirculating motion of air under the curtain.

(3) “Air Pollution” is the presence in the outdoor atmosphere of any one or more substances or contaminants in quantities which are potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interferes with the enjoyment of life or property, including outdoor recreation, unless specifically exempted by state statute.

(4) “Air Pollution Episode” means a day on which generally unhealthy air (an Air Quality Index value of 151 or greater) occurs or is forecast to occur by the Department of Environmental Protection (DEP).

(5) “Broadcast Burning” means the burning of agricultural or natural vegetation by allowing fire to move across a predetermined area of land. The term does not include the burning of vegetative debris that is piled or stacked.

(6) “Certified Pile Burner” is an individual who successfully completes the certification program of the Florida Forest Service as outlined in subparagraphs 5I-2.006(8)(c)1. through 3., F.A.C., and possesses a valid certification number.

(7) “Certified Pile Burning” is a pile burn conducted in accordance with a written pile burning plan by a certified pile burner.

(8) “Certified Prescribed Burn Manager” is an individual who successfully completes the certification program of the Florida Forest Service as outlined in subparagraphs 5I-2.006(2)(e)1. through 3., F.A.C., and possesses a valid certification number.

(9) “Certified prescribed burning” means prescribed burning in accordance with a written prescription conducted by a certified prescribed burn manager.

(10) “Completed” means that for:

1. Broadcast burning, no continued lateral movement of fire across the authorized area into entirely unburned fuels within the authorized area.

2. Certified pile burning or pile burning, no visible flames exist.

3. Certified pile burning or pile burning in an area designated as smoke sensitive by the Florida Forest Service, no visible flames, smoke, or emissions exist.

(11) “Contained” means that fire and smoldering exist entirely within established or natural firebreaks.

(12) “Department” is the Department of Agriculture and Consumer Services.

(13) “Dispersion Index” is a numerical index from 0 to infinity supplied daily by National Weather Service (NWS), that estimates the atmosphere’s capacity to distribute particles and gases emitted by a wildland fire of any type. The Dispersion Index has two relative scales, one for day and one for night.

(14) “Excessive Visible Emissions” are air pollutants emitted in such quantity as to exceed a DEP opacity standard, as determined by a visible emissions observer certified pursuant to rule 62-297.320, F.A.C., or reduce an observer’s view to less than 100 feet.

(15) “Fine Fuel Moisture” is the amount of moisture, usually expressed as a percentage, found in fast drying, dead fuels such as grass, leaves, draped pine needles, and very small diameter (less than 1/4'' inch) twigs.

(16) “Flame Length” is the distance between the flame tip and the base of the flame measured generally at the ground surface.

(17) “Land Clearing Debris” is uprooted or cleared vegetation resulting from a land clearing operation including untreated wood, e.g., old fence posts, and does not include yard trash.

(18) “Mixing Height”, as supplied daily by the National Weather Service, is the height above the land surface in feet to which relatively vigorous mixing of the atmosphere occurs.

(19) “National Weather Service Air Stagnation Advisory” is an advisory issued by the National Weather Service to caution local and regional agencies on meteorological conditions expected to persist for at least 36 hours, which are conducive to poor dispersion.

(20) “Occupied Building” means any building that serves as a primary residence, meeting place, or place of business.

(21) “Open Burning” means any outdoor fire or open combustion of material which produces visible emissions.

(22) “Pile Burning” is any burning of silvicultural, agricultural or land clearing and tree cutting debris originating on site that has been stacked together in a round or linear (windrow) fashion. Pile burning authorized by the Florida Forest Service is a temporary procedure, which operates on the same site for 6 months or less.

(23) “Pile Burn Plan” is a written plan establishing the method of conducting a certified pile burn.

(24) “Prescribed Burning” means the application of fire by broadcast burning for vegetative fuels under specified environmental conditions while following appropriate measures to guard against the spread of fire beyond the predetermined area to accomplish planned fire or land management objectives.

(25) “Prescription” is a written plan establishing the conditions and method for conducting a certified prescribed burn.

(26) “Relative Humidity” is the ratio, expressed as a percentage of the amount of moisture in the air, to the maximum amount of moisture the air is capable of holding under the same conditions.

(27) “Refractory Lined” means any non-metallic ceramic substance that is suitable for use as structural material at high temperatures and is used in Air Curtain Incinerators.

(28) “Residential Pile Burning Operation” is a pile burning operation that is conducted by a landowner or an individual contracted by the landowner for an existing or planned residential dwelling of not more than two family units. This does not include the burning of yard trash.

(29) “Silviculture” is a forestry operation dealing with the establishment, development, reproduction, and care of forest flora and fauna.

(30) “Smoke Sensitive Areas” are areas designated by the Florida Forest Service within which, for reasons of visibility, health or human welfare, smoke could unduly adversely impact public safety e.g., interstates, urban areas, airports, and hospitals.

(31) “Smoldering” is the continued consumption of fuels, which may emit flames and smoke, after a fire is contained.

(32) “Spreading” is continued lateral movement of the fire into unburned fuels.

(33) “Sunset” is the official time the sun will set as set forth by the U.S. Naval Observatory (tables are available at National Weather Services offices).

(34) “Surface Wind Speed” is wind speed in miles per hour measured 20 feet above the average local vegetation. Wind speeds supplied by the National Weather Service are “Surface Wind Speeds”.

(35) “Transport Wind Speed” is a measure of the average rate, in miles per hour, of the horizontal movement of air throughout the mixing layer.

(36) “Trash” means waste materials resulting from the construction, renovation or demolition of a structure, and other debris such as paper, cardboard, packing material, pharmaceuticals, cloth, glass, street sweepings, vehicle tires and other like matter. The definition does not include untreated wood, land clearing debris, tree cutting debris, or yard trash.

(37) “Treated Wood” means wood coated or infused with paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, chromated copper arsenate (CCA), or other wood preservatives or treatments.

(38) “Tree Cutting Debris” is debris consisting of trees, tree stumps, and tree limbs resulting from a tree removal or tree trimming operation that is conducted by the homeowner or an individual contracted by the homeowner of an existing residential dwelling of not more than two family units. It does not include yard trash.

(39) “Untreated Wood” means wood (including lighter pine, tree trunks, limbs and stumps, shrubs, and lumber) which is free of paint, glue, filler, pentachlorophenol, creosote, tar, asphalt, CCA, and other wood preservatives or treatments.

(40) “Windrow” means a long row of vegetative material originating on the site left to dry.

(41) “Yard Trash” (Yard Waste, chapter 62-256, F.A.C.) means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property cleanup activities. It includes materials such as leaves, shrub trimmings, grass clippings, brush, and palm fronds.

History

• Rulemaking Authority 570.07(23), (28), 590.125(3)(e) FS. Law Implemented 570.07(28), 570.548, 590.02(1)(b), 590.125(2), (3) FS. History–New 7-1-71, Formerly 17-5, Amended 7-1-75, Formerly 5I-2.03, Amended 1-9-91, 8-9-93, 8-16-95, 10-18-99, 10-31-05, 12-16-08, 10-19-14.

Fla. Admin. Code R. 5I-2.004 Open Burning Not Allowed

(1) Listed below are the types of open burning not allowed in Florida:

(a) Any open burning disallowed by rule chapters 5I-2 and 62-256, F.A.C., or chapters 403 and 590, F.S.

(b) Open burning of biological waste, hazardous waste, asbestos containing materials, mercury-containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, or trash other than yard trash as provided in subsection 62-256.700(1), F.A.C., except that structures may be burned for the training of fire fighters in accordance with subsection 62-256.700(4), F.A.C.; waste pesticide containers may be burned in accordance with subsection 62-256.700(5), F.A.C.; polyethylene agricultural plastic and untreated wood pallets used in agriculture may be burned in accordance with subsection 62-256.700(7), F.A.C.; and animal carcasses may be burned in accordance with subsection 62-256.700(6), F.A.C.

(c) Open burning that reduces visibility at a public airport, unless the airport in question has been contacted and has agreed to control air traffic during burning activities to avoid any possible smoke related problems.

(d) Open burning when an air pollution episode exists or is forecast to occur.

(e) Open burning during a National Weather Service Air Stagnation Advisory.

(f) Open burning which reduces visibility on paved public roadways to less than one thousand (1,000) feet unless the regulating authorities have agreed to control traffic, or have delegated the authority to control traffic.

(g) Burning in smoke sensitive areas between one hour before sunset and 9:00 a.m. the next day.

(h) All open burning when the Florida Forest Service determines that the fire poses a threat to public health, safety, and property protection.

(i) Open burning when the Florida Forest Service determines that atmospheric or meteorological conditions indicate improper dispersion of smoke that threatens public health, safety, or general welfare; or which would obscure visibility of vehicular or air traffic; or violates the condition of the authorization, or burning prescription.

(2) Open burning authorizations will be denied to any burner who repeatedly violates Florida law or agency rules. This denial remains in effect until the concern that caused the denial has been mitigated in consultation with the Florida Forest Service District/Center Manager.

History

• Rulemaking Authority 570.07(23), (28) FS. Law Implemented 570.07(28), 570.548, 590.02(1)(b), 590.125(2), (3) FS. History–New 7-1-71, Formerly 17-5, Amended 7-1-75, Formerly 5I-2.04, Amended 9-8-93, 8-16-95, 10-18-99, 10-31-05, 12-16-08.

Fla. Admin. Code R. 5I-2.005 Limitations

History

• Rulemaking Authority Section 8, Chapter 72-22, Laws of Florida (1975), 403.061 FS. Law Implemented Section 8, Chapter 72-22, Laws of Florida (1975), 403.021, 403.031, 403.061 FS. History–New 7-1-71, Formerly 17-5, 5I-2.05, Amended 9-8-83, Repealed 9-8-93.

Fla. Admin. Code R. 5I-2.006 Open Burning Allowed

(1) Open Burning in General. Authorization must be obtained from the Florida Forest Service (FFS) for burns relating to agriculture, silviculture and pile burning. Daytime authorizations for these types of burning are issued on the day of the burn or after 4:00 p.m. of the previous day and ignition of the burn will start at 8:00 a.m. (Central Time) or 9:00 a.m. (Eastern Time) on the day stated in the FFS authorization unless approval is given by the FFS District or Center Manager or their designee to begin the burn earlier. The FFS will set special requirements for all types of authorizations, (certified or non-certified), in order to protect public health and safety, including; on site inspections, restricting wind direction, limiting the burning period, within each day or to a specific number of days for those types of authorizations that allow for multiple burning days, halt or limit burning when fire danger is too high in all, or specific parts of the state, and requiring specific personnel e.g., Certified Burners and containment equipment on site. Any authorized burn that goes out of compliance, but has not escaped the authorized area will be allowed a maximum of two hours to be brought into compliance by the person responsible. In the event that the FFS determines that there is a threat to life, public safety or property, immediate suppression action will be taken by the FFS.

(2) Open Burning for Certified Prescribed Burn Managers. All burning conducted under this section is related to broadcast burning for the purposes of: Silviculture, Wildlife Management, Ecological Maintenance and Restoration, and Agriculture. Open burning authorizations under this section require the Certified Prescribed Burn Manager’s certification number be presented at the time of the request, and that a Certified Prescribed Burn Manager be on site and directly supervises the certified prescribed burn until the burn is completed, after which the Certified Prescribed Burn Manager is not required to be present.

(a) Prescription. A prescription for the burn must be completed prior to any ignition and a paper copy must be on site and available for inspection by a Department representative. The prescription will contain, as a minimum, the following:

1. Stand or Site Description;

2. Map of the area to be burned;

3. Fire Breaks (External and Internal) to be Constructed or Re-Worked (Map);

4. Minimum number of personnel and equipment types to be used on the prescribed burn;

5. Desired weather factors, including but not limited to surface wind speed and direction, transport wind speed and direction, minimum mixing height, minimum relative humidity, maximum temperature, and the minimum fine fuel moisture;

6. Desired fire behavior factors, such as type of burn technique, flame length, and rate of spread;

7. The time and date the prescription was prepared;

8. The authorization date and the time period of the authorization;

9. An evaluation and approval of the anticipated impact of the proposed burn on related smoke sensitive areas;

10. The signature and number of the Certified Prescribed Burn Manager.

(b) Open Burning Hours.

1. Daytime Certified Prescribed Burn Manager Authorizations will be issued for the burning to be completed two hours after sunset.

2. Nighttime Certified Prescribed Burn Manager Authorizations will be issued with a Dispersion Index of 6 or above, for the burning to be conducted between one hour before sunset and must be completed by 8:00 a.m. (CT) or 9:00 a.m. (ET) the following day. Ignition of these fires is authorized up to midnight, however the fire can continue to spread into unburned fuels until 8:00 a.m. (CT) or 9:00 a.m. (ET) the following day. If additional time is required a new authorization (daytime) must be obtained from the FFS. The FFS will issue authorizations at other times, in designated areas, when the FFS has determined that atmospheric conditions in the vicinity of the burn will allow good dispersement of emissions, and the resulting smoke from the burn will not adversely impact smoke sensitive areas, e.g., highways, hospitals and airports.

(c) A new prescription or authorization is not required for smoldering that occurs within the authorized burn area unless new ignitions are conducted by the Certified Prescribed Burn Manager.

(d) Monitoring the smoldering activity of a certified prescribed burn does not require a prescription or an additional authorization even if flames begin to spread within the authorized burn area due to ongoing smoldering.

(e) Burn Manager Certification Process. To become a Certified Prescribed Burn Manager an individual must complete the required training and conduct a successful certification burn.

1. The Florida Certified Prescribed Burn Manager Training Course is approved by the FFS to meet the required training. It is offered in two formats:

a. The distance learning format is intended for experienced burners and students must meet the following criteria prior to taking the course; have obtained authorizations, as provided in subsection (1), from the FFS and conducted a minimum of three broadcast burns in Florida or participation in five broadcast burns in Florida with recommendation from a current Certified Prescribed Burn Manager, or hold a current prescribed burner certification in another State or hold a current Prescribed Fire Burn Boss Type 2 Certification.

b. The classroom format is open to individuals of all experience levels. After taking this course trainees must obtain direct experience in three broadcast burns prior to conducting a certification burn. If the student meets the criteria for the distance learning format, then the three burns after the course are not necessary.

2. Certification burn process. Within three years of completing the course (either format), applicants must submit a completed prescription for the proposed certifying burn to their local FFS office prior to the burn for review and approval. After the prescription has been approved the burn described in that prescription must be reviewed by the FFS during the burn operation. The local FFS Center/District Manager (or their designee) will recommend FFS Prescribed Burn Manager Certification to the Forest Protection Bureau upon satisfactory completion of both the prescription and the review of the actual burn.

3. In order to continue to hold the FFS Prescribed Burn Manager Certification the burner must comply with paragraph 5I-2.006(2)(f), F.A.C., or Florida Forest Service Certification will terminate five years from the date of issue.

(f) Certification Renewal. A Certified Prescribed Burn Manager must satisfy the following requirements in order to retain certification.

1. Participation in a minimum of eight hours of FFS approved training every five years relating to the subject of prescribed fire, or participation in a FFS recognized Fire Council Meeting; and

2. The Certified Prescribed Burn Manager has submitted their certification number for two completed prescribed burns in the preceding five (5) years; or

3. Participation in five (5) burns and have this documented and verified in writing to the Forest Protection Bureau’s Prescribed Fire Manager of the FFS by a current Certified Prescribed Burn Manager; or

4. Retaking the Florida Certified Prescribed Burn Manager Training Course in either format.

(g) Decertification. A Certified Prescribed Burn Manager’s certification shall be revoked if the Burn Manager’s actions constitute violations of Florida law and agency rules which equal or exceed 15 points within any two year period using the Certified Prescribed Burn Manager Violations – Point Assessment Table, Version 3.0, July 31, 2014, which is hereby adopted and incorporated by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04586. A decertified Burn Manager must complete the Burn Manager Certification process outlined in paragraph 5I-2.006(2)(c), F.A.C., in order to be recertified.

(3) Open Burning Non-Certified Broadcast Burners. All burning conducted under this section is related to broadcast burning of acreage not conducted as a certified prescribed burn.

(a) Daytime Non-Certified Authorizations must be completed by one hour before sunset.

(b) Nighttime Non-Certified Broadcast Authorizations will be issued with a Dispersion Index of 8 or above, for the burning to be conducted between one hour before sunset and 8:00 a.m. (CT) or 9:00 a.m. (ET) the following morning. Ignition of these fires is authorized up to midnight (CT) or (ET), specific to the time zone where the fire is located; however the fire must be completed by 8:00 a.m. (CT) or 9:00 a.m. (ET) the following day. If additional time is required, a new daytime authorization must be obtained from the FFS.

(c) A new authorization is not required for smoldering that occurs within the authorized burn area unless new ignitions are conducted by the person named responsible in the burn authorization or a designee; and

(d) Monitoring the smoldering activity of a burn does not require an additional authorization even if flames begin to spread within the authorized burn area due to ongoing smoldering.

(4) Pile Burning General. The size and number of piles shall be dictated by the materials to be burned and the time available for burning. All pile burning must adhere to the following:

(a) The moisture content and composition of the materials to be burned shall be favorable to good burning which will minimize emissions. The amount of dirt in the piles or rows shall be minimized to enhance combustion and reduce emissions; and

(b) The pile or windrow burning must be set back one hundred (100') feet from any paved public roadway and the prevailing winds will direct the smoke away from any occupied buildings (other than the landowners) or roads. Pile burning for paved public road maintenance and widening is exempt from the 100 foot set back as long as the visibility on the roadway is not reduced to less than 1,000' feet; and

(c) The pile burning is attended at all times; and

(d) The pile burning must meet one of the following setback requirements:

1. Residential, and Agricultural/Silvicultural pile burning must be set back three hundred (300') feet or more away from any occupied building other than that of the landowner and fifty (50') feet from any wildlands, brush or combustible structure.

2. Non-Residential pile burning without an Air Curtain Incinerator must be set back one thousand (1,000') feet or more away from any occupied building and one hundred (100') feet from any wildlands, brush or combustible structure.

(e) Exception to Setbacks – An exception to the setbacks in subparagraphs 5I-2.006(4)(d)1. and 2., F.A.C., will be granted if all of the affected parties agree in writing to allow the burn to take place.

(f) The burning will not exceed 6 months on the same site from the date of the initial authorization from the FFS, unless the FFS is notified of an exemption by the Department of Environmental Protection (DEP), or unless the authorization is for agricultural citrus spot burning as defined in subsection 5I-2.006(9), F.A.C.

(5) Tree Cutting Debris Burning. Open burning to dispose of tree cutting debris shall be conducted using a DEP permitted air curtain incinerator. Open burning to dispose of tree cutting debris without use of a permitted air curtain incinerator is allowed provided:

(a) The tree cutting debris was generated on residential premises of not more than two family units; and

(b) The open burning is restricted to the site where the tree cutting debris was generated; and

(c) The open burning is conducted in accordance with all provisions applicable to pile burning as set forth by the FFS at paragraphs 5I-2.006(4)(a), (b), (c), subparagraph (d)1. and paragraph (e), F.A.C.; and

(d) The open burning is not prohibited by any local, county, or municipal rule or ordinance or the open burning is conducted in accordance with any such rule or ordinance to the extent that such rule or ordinance is stricter than the provisions of this subsection.

(6) Air Curtain Incinerator Burning. The use of an Air Curtain Incinerator is allowed for the combustion of land clearing debris, provided the incinerator has a DEP air permit or has been specifically exempted from air permitting by the DEP. If an air curtain incinerator has been exempted from air permitting by the DEP, prior authorization to use the incinerator must be obtained from the FFS. Operation of an exempt air curtain incinerator shall be authorized provided that open burning would otherwise be allowed under this chapter and the following conditions are met:

(a) Only kerosene, diesel fuel, drip torch fuel, clean dry wood or lightered pine, virgin oil, natural gas or liquefied petroleum gas may be used to start the fire in the incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited.

(b) An air curtain incinerator must be located at least 300 feet from any occupied building and 50' feet from any wildlands, brush, combustible structure, or paved public roadway.

(c) Incinerators equipped with refractory-lined walls, shall begin charging no earlier than sunrise and must complete burning no later than one hour after sunset.

(d) Incinerators not equipped with refractory lined walls must complete burning no later than one hour after sunset.

(e) Regardless of the air curtain incinerator type, after charging ceases, air flow shall be maintained until all material within the air curtain incinerator has been reduced to coals, and flames are no longer visible. A log shall be maintained on site, and available upon request, that documents daily beginning and ending times of charging.

(f) If the air curtain incinerator employs an earthen trench, the pit walls (width and length), shall be vertical, and maintained so that the combustion of the waste within the pit will be maintained at an adequate temperature and with sufficient air re-circulation to provide enough residence time and mixing for proper combustion and control of emissions. Pit width shall not exceed twelve (12') feet.

(g) The waste material shall not be loaded into the air curtain incinerator such that it protrudes above the level of the air curtain in the pit.

(h) Ash shall not be allowed to build up in the pit of the air curtain incinerator to higher than 1/3 the pit depth or to the point where the ash begins to impede combustion, whichever occurs first.

(i) Excessive visible emissions are not allowed except for a period of up to 30 minutes during start ups.

(j) The air curtain incinerator shall be attended at all times while materials are being burned or flames are visible within the incinerator.

(k) Exceptions to the setback requirements from occupied buildings shall be granted by the FFS when the applicant obtains a signed written statement from every affected resident within the setback area that waives their objections to the open burning associated with the land clearing operation and presents the statement to the FFS 48 hours in advance of the burning.

(l) If the owner or operator of the air curtain incinerator, by lease or other means, grants authority to operate the incinerator to a person not in the employ of the owner, the owner shall provide such person with a copy of this rule section’s requirements.

(7) Off Site Burning. Any open burning of land clearing debris that is allowed by this chapter is restricted to the site where the material was generated and such material shall not be transported to another property to be burned, unless the land clearing debris has been generated by the person, or their agent, who owns or leases the property where it was generated and to where it is transported, and operates an air curtain incinerator in compliance with all applicable paragraphs of subsection 5I-2.006(6), F.A.C.

(8) Open Burning for Certified Pile Burners. All burning conducted under this section is related to pile burning in Florida regardless of the purpose. The FFS will issue multiple day authorizations up to three days when the Fire Readiness Level has been set to 1 or 2. Certified Pile Burners must comply with the hours of operation listed in paragraph 5I-2.006(8)(b), F.A.C. A three day authorization does not allow for burning past one hour after sunset each day. Open burning authorizations under this section require that the Certified Pile Burner certification number be presented at the time of the request, and that a Certified Pile Burner sign the startup log and shutdown log, indicating that the piles are properly setup and shut down, attached to the burn plan located at each site on a daily basis.

(a) Pile Burn Plan. A plan for the burn must be completed prior to any ignition and a paper copy must be on site and available for inspection by a Department representative. The plan will contain, as a minimum, the following:

1. Burn location;

2. Soil type and moisture;

3. Number of personnel and equipment types to be used on the pile burn;

4. Desired weather factors, including but not limited to surface wind speed and direction, minimum relative humidity, drought index, days since rain, maximum temperature, and the dispersion index;

5. Fuel type and condition (how long has it been drying);

6. The time and date the plan was prepared;

7. The authorization date and the time period of the authorization;

8. An evaluation and approval of the anticipated impact of the proposed burn on related smoke sensitive areas;

9. Adjacent landowners to notify;

10. Special precautions;

11. The signature and number of the Certified Pile Burner.

(b) Open Burning Hours. Certified Pile Burner’s authorized burns must be completed by one hour after sunset, if the fire is in or impacting a smoke sensitive area its completion time is one hour before sunset.

(c) Pile Burner Certification Process. Certification to become a Certified Pile Burner is accomplished by:

1. Satisfactory completion of the FFS Certified Pile Burner Course, and

2. Applicants must submit a completed plan for a proposed certifying burn to their local FFS office within one year of completing the classroom training and prior to the certifying burn for review and approval. After the plan has been approved the burn described in that plan must be reviewed by the Florida Forest Service during the burn operation. The local FFS District Manager, or their designee, will recommend Florida Forest Service Pile Burner certification to the Forest Protection Bureau upon satisfactory completion of both the plan and the review of the actual burn.

3. In order to continue to hold the Florida Forest Service Pile Burner Certification the burner must comply with paragraph 5I-2.006(8)(d), F.A.C. or FFS Certification will terminate five years from the date of issue.

(d) Certification Renewal. A Certified Pile Burner must satisfy the following requirements in order to retain certification:

1. The Certified Pile Burner has submitted his or her certification number for five completed pile burns in the preceding five (5) years; or

2. He or she must retake the Pile Burner Certification Training Course.

(e) Decertification. A Certified Pile Burner’s certification shall be revoked if the Certified Pile Burner’s actions constitute violations of Florida law and agency rules which equal or exceed 15 points within any two year period using the Certified Pile Burner Violations – Point Assessment Table, Version 3.0, July 31, 2014, which is hereby adopted and incorporated by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04585. A decertified Pile Burner must complete the Pile Burner Certification process outlined in paragraph 5I-2.006(8)(c), F.A.C., in order to be recertified.

(9) Citrus spot burning is a Florida Forest Service (FFS) program that includes both certified and non-certified pile burners. In order to participate in this program a burner must submit a Citrus Spot Burner Application, FDACS-11622, Rev. 08/14, which is hereby adopted and incorporated by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04587, to the local FFS District or Center office and have the site where the burning is to be conducted inspected by the FFS prior to any pile burning authorizations being issued for that site. The application must include a map of the burn sites. The person responsible for the burning that is listed on the application must complete Citrus Spot Burning Training prior to conducting the burn. This four-hour training is offered annually by the participating FFS Centers or District Offices and will review proper management of smoke from their citrus spot burns, as well as section 590.125(2), F.S. and rule 5I-2.006, F.A.C. Citrus spot burns are required to have a setback of at least 400' feet from combustible vegetation (brush or wildlands).

(10) Open Burning for Non-Certified Pile Burners. The FFS will issue authorizations for one day only for all pile burning, except for those burning citrus. Citrus pile authorizations will be issued for up to three days. Non-Certified Pile Burners must comply with normal hours of operation listed in this section on a daily basis. A three day authorization does not allow for night time burning. Burns for Non-Certified Pile Burners must be completed by one hour before sunset. In smoke sensitive areas the piles must be completed with no visible flame or emissions one hour before sunset.

(11) Recreational Open Burning. Nothing in this chapter shall be construed to prohibit the legal open burning of vegetative debris and untreated wood in a campfire, outdoor fireplace, or other contained outdoor heating or cooking device, or on cold days for warming of outdoor workers. Furthermore, nothing in this chapter shall be construed to prohibit the open burning of vegetative debris or untreated wood in a recreational or ceremonial bonfire, as long as the fire is attended at all times and is completely smothered with no visible flame, smoke or emissions if the area is to be left unattended. The person or persons responsible for the recreational fire shall ensure compliance with any applicable open burning rules adopted by the FFS.

(12) Open Burning Exceptions. The Director of the FFS is authorized to grant exceptions in furtherance of public health, safety and welfare, to the open burning rules within chapter 5I-2, F.A.C., in the event of an emergency that would require the destruction of vegetative debris or animal carcasses in the most expeditious means possible. Examples would include the burning of vegetative matter or animal carcasses resulting from an insect or disease infestation, or resulting from storm damage e.g., hurricanes or tornados.

History

• Rulemaking Authority 570.07(23), (28), 590.02(1)(f), 590.125(3)(e), 590.125(4)(d) FS. Law Implemented 570.07(28), 570.548, 590.02(1)(b), (1)(i), 590.125(2), (3) FS. History–New 7-1-71, Formerly 17-5, Amended 7-1-75, Formerly 5I-2.06, Amended 1-9-91, 9-8-93, 8-16-95, 10-18-99, 10-31-05, 12-16-08, 10-19-14.

Fla. Admin. Code R. 5I-2.0061 Prescribed Burning; Burn Manager Certification

History

• Rulemaking Authority 570.07(23), (28), 590.026(4) FS. Law Implemented 589.07(28), 570.548, 590.02(1)(b), 590.026, 590.12 FS. History–New 1-9-91, Amended 9-8-93, Repealed 8-16-95.

Fla. Admin. Code R. 5I-2.007 Rural Land Clearing

History

• Rulemaking Authority 570.07(23), (28) FS. Law Implemented 589.07(28), 570.548, 590.02(1)(b), 590.12 FS. History–New 7-1-71, Formerly 17-5, 5I-2.07, Amended 9-8-93, Repealed 8-16-95.

Fla. Admin. Code R. 5I-2.008 Penalties

History

• Rulemaking Authority 570.07(23), (28), 590.026(4) FS. Law Implemented 589.07(28), 570.548, 590.02(1)(b), 590.026, 590.12 FS. History–New 9-8-93, Repealed 8-16-95.

Chapter 5I-4 FORESTRY

Fla. Admin. Code R. 5I-4.001 Purpose

History

• Rulemaking Authority 589.011(4), 589.12 FS. Law Implemented 589.011(4) FS. History–New 5-24-92, Repealed 11-6-95.

Fla. Admin. Code R. 5I-4.002 Purpose and Definitions

The purpose of this chapter is to provide information regarding the utilization of lands and facilities managed or controlled by the Department of Agriculture and Consumer Services, Florida Forest Service. The following words have the meaning indicated:

(1) Access: The Florida Forest Service designated entrance or access to or from managed lands by the general public.

(2) Aircraft: A powered or unpowered machine or device capable of atmospheric flight including, but not limited to, airplanes, helicopters, ultra lights, gliders, hang gliders, and any device as specified in Section 934.50(2)(a), F.S., except a parachute or other such device used primarily as safety equipment.

(3) All-Terrain Vehicle (ATV): Any motorized off-highway vehicle as specified in Sections 261.03, 316.2074, and 317.0003, F.S.

(4) Bicycle Trail: A designated trail on which human-powered, pedal-driven bicycles are allowed.

(5) Campground: An overnight developed area, other than a hunt camp or primitive camp, designated for overnight camping which may provide the user with conveniences such as water or electric hook-ups at each site, and full flush restrooms with showers.

(6) Camp Zone: An overnight camping area included as part of a trail system. Camp zones have no facilities and are not accessible from designated roads. Fees are not charged.

(7) Carrying Capacity: The maximum number of persons, motor vehicles, off-highway vehicles, horses or watercraft permitted within any designated area or trail without degrading any of the natural resource values.

(8) Day-Use Area: An established area designated for public recreational activities during daylight hours only.

(9) Department: The Florida Department of Agriculture and Consumer Services.

(10) Designated Road: Any land surface area, unpaved or paved, named or numbered, open to the public operating motor vehicles or non-motorized vehicles.

(11) Designated Trail: A specific trail on which particular uses are allowed as specified by the Service and which is appropriately denoted and maintained for those uses.

(12) Group Camp: A designated primitive or developed camping area designed to accommodate organized groups for overnight visits.

(13) Hiking Trail: A designated trail on which only pedestrian traffic is allowed.

(14) Helispot: Any Service designated location where a helicopter (or powered-lift craft) can safely take off and land.

(15) Horse: Any member of the equine family.

(16) Horse Trail: A designated trail on which only horse traffic is allowed.

(17) Hunt Camp: An area consisting of designated campsites that require a Hunt Camp Permit for the entire length of a specific hunt (e.g. Archery, General Gun, Muzzleloader, Small Game or Spring Turkey) and is available only to properly licensed hunters.

(18) Managed Land(s): Any land, water body, or facility managed, controlled, or occupied by the Department of Agriculture and Consumer Services, Florida Forest Service.

(19) Motor Vehicle: An automobile, motorcycle, truck, trailer, semi-trailer, truck tractor and semi-trailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon track, bicycles, or mopeds.

(20) Multi-Use Trail: A trail shared by more than one user group.

(21) Nature Trail: A hiking trail to be used for environmental or forest education.

(22) Non-Motorized Vehicle: Any non-motorized wheeled conveyance, intended for the transportation of persons or materials, whether human-powered, drawn or towed.

(23) Off-Highway Motorcycle (OHM) – Any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped.

(24) Off-Highway Vehicle (OHV) – Any ATV, two rider ATV, ROV or OHM that is used for recreation and that is used off the roads or highways of this state and is not registered and licensed for highway use under Chapter 320, F.S.

(25) Organized Group: Any organization or collection of persons using managed lands for the same purpose.

(26) Primitive Camps: Designated overnight areas that have limited facilities.

(27) Person: Any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, and all other groups or combinations.

(28) Pet: An animal which is easily tamed or domesticated and kept primarily for companionship and is not a service animal.

(29) Recreational Off-highway Vehicle (ROV): Any motorized recreational off-highway vehicle as specified in Sections 261.03, and 317.0003, F.S. The term “ROV” does not include a golf cart as defined in Sections 320.01(22) and 316.003(68), F.S., or a low-speed vehicle as defined in Section 320.01(42), F.S.

(30) Recreational Vehicle: A motor vehicle designed to provide temporary living quarters for recreational, camping, or travel use, which has its own propulsion or is mounted on or towed by another motor vehicle.

(31) Runway: A Service designated area that is a leveled strip of smooth ground along which aircraft take off and land.

(32) Schedule of Fees: The Florida Forest Service is authorized under Section 589.011(3), F.S., to set and charge fees for the use or operation of facilities on state forest or any lands leased to the Service for management purposes. A list of the current fees can be found in the document entitled “Fees on Florida Forest Service Managed Lands, April 14, 2016,” which is hereby adopted and incorporated by reference. This fee schedule can be obtained by contacting any State Forest office, the Florida Forest Service, Bureau of Forest Management, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, or by visiting https://www.flrules.org/Gateway/reference.asp?No=Ref-06982.

(33) Service: Florida Forest Service.

(34) Service Animal: As defined in Section 413.08, F.S., means an animal that is trained to perform tasks for an individual with a disability. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting a person who is having a seizure, retrieving objects, or performing other special tasks. A service animal is not a pet. In accordance with 28 C.F.R. §35.104 and 28 C.F.R. §35.136, a service animal whose sole function is to provide comfort or emotional support does not qualify a service animal. A service animal must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices, and in that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

(35) Swimming Area: The area of waterbody that is roped off for swimming, and may include any part of beach, shore, or other access points leading to the swimming area, as posted by the Service.

(36) Watercraft: Any motorized, paddle-propelled or wind-driven means of water-related transportation.

(37) Youth Group: Any organized group of seven or more youths (under the age of 18) who are accompanied by one or more adult (18 years or older) chaperone(s).

History

• Rulemaking Authority 570.07(23), 589.011(4), 589.071, 589.12 FS. Law Implemented 589.04, 589.011(3), 589.071 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09, 11-23-10, 5-16-12, 9-30-15, 8-28-16.

Fla. Admin. Code R. 5I-4.003 Vehicular, Animal and Pedestrian Control

(1) All traffic laws of the State are applicable to managed lands except designated OHV recreation areas or as otherwise provided by these rules.

(2) No person shall operate any motor vehicle on managed lands at a speed greater than 30 m.p.h., unless otherwise posted.

(3) The speed limit in developed recreational areas such as camping facilities and day use areas is 10 m.p.h., unless otherwise posted.

(4) No person shall drive any vehicle on managed lands at a speed greater than is reasonable and prudent under existing conditions or in such a manner that disregards the actual and potential hazards.

(5) No person shall operate any motor vehicle on managed lands except on designated roads, parking areas, or other areas established and specifically identified by the Service.

(6) No person shall operate any off-highway vehicle on managed lands except in areas designated specifically for their use or unless specifically authorized by the Service.

(7) No person shall operate a motor vehicle on managed lands unless the vehicle displays a valid license tag and is operated by a properly licensed driver.

(8) No motor vehicles are permitted on any sand bar along or within the streams of any managed lands, or on any other area specifically prohibited by the Service.

(9) No person shall operate or ride an off-highway vehicle on managed lands unless such person is wearing protective headgear and adheres to the other operating provisions of Sections 316.211, 316.2074 and 316.2085, F.S.

(10) No person shall leave an unattended vehicle on any designated road or trail in such a manner as to obstruct traffic.

(11) No person shall takeoff or land an aircraft on managed lands, except at a runway or a helispot and only with authorization from the Service, and such authorization shall be based upon a determination that the takeoff or landing will not endanger the health, safety or welfare of any person; potentially damage the forest resources; or interfere with management objectives of that forest as provided in that forest’s management plan. Authorization from the Service is not required in an emergency or for Service official business.

(12) No person shall bring horses or horse trailers into camping facilities, unless allowed in a designated facility or with written permission granted by the Service. The Service will grant permission upon a determination that there is no threat to public safety, or to the condition of the camping facilities and that the horses and horse trailers do not constitute a nuisance.

(13) No person shall ride or lead horses off designated horse trails or field trial runs, or on unnamed or unnumbered forest roads, except upon showing that a special request has been made to, and written permission granted by, the Service. No person shall stage, ride or lead any horse on managed lands except on a designated trail or at a designated trailhead or designated access points. The Service will grant permission upon a determination that there is no threat to public safety or to the condition of these particular areas and those acts do not constitute a nuisance.

(14) No person shall ride horses before sunrise or after sunset on designated horse trails that are located on designated roads.

(15) No person shall bring any horse onto managed lands without having in their possession a record of a current negative Coggins test for Equine Infectious Anemia as required by Rule 5C-18.010, F.A.C.

(16) Hiking trails and nature trails are for foot traffic only unless the trails follow designated roads or are part of trails designated for multi-use.

(17) Unless otherwise posted, designated roads and trails are open year round.

(18) The Service will temporarily or permanently close any road, trail, facility, or area, or restrict the use thereof upon determination that there is a danger to the health, safety and welfare of any person; potential damage to the resources; or when it is determined necessary in the proper management of the forest.

History

• Rulemaking Authority 589.011(4), 589.071 FS. Law Implemented 589.04, 589.071 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 5-16-12, 9-30-15, 8-28-16.

Fla. Admin. Code R. 5I-4.004 User Fees

History

• Rulemaking Authority 589.011(4) FS. Law Implemented 589.011(3) FS. History–New 5-24-92, Amended 1-19-95, Repealed 5-15-95.

Fla. Admin. Code R. 5I-4.005 Protection of Managed Lands

(1) No person shall:

(a) Enter or exit any managed lands except through designated entrance/exit points.

(b) Enter any managed lands for the purpose of using the resources or facilities therein without paying the appropriate fee, where applicable.

(c) Willfully mark, deface, damage, displace, remove, gain access from, or tamper with any buildings, facilities, bridges, tables, benches, fireplaces, railings, fences, paving or paving materials, water lines or other utilities, permanent or temporary signs, placards or notices, monuments, stakes, posts, boundary markers, equipment, other structures or property located on managed lands.

(d) Climb on or over any buildings, fences, facilities, structures, or historic ruins.

(e) Ignite or attempt to ignite any fire on managed lands except in designated areas. These areas include camping facilities, hunt camps and day use areas. No person shall leave a camping facility, hunt camp or day use area without completely extinguishing any fire started by said person.

(f) Dispose of burning matches, smoking materials or other inflammable items on managed lands except in designated receptacles.

(g) Destroy, injure, deface, mar, move, dig, harmfully disturb or remove any soil, sand, gravel, rocks, stones, minerals, trees, plants, artifacts or other materials from any managed lands.

(h) Hang any operating gas lantern within one foot of the main stem or bole of any tree on managed lands.

(i) Introduce into managed lands any plant or animal species.

(j) Possess or consume alcoholic beverages on managed lands where posted as prohibited by the Service.

(k) Use metal detectors on managed lands.

(l) Engage in disorderly conduct, as defined in Section 877.03, F.S., on managed lands.

(m) Leave any item, including but not limited to tents, trailers, vehicles, motorcycles, or other items, in a campsite unattended before or after the registered camping dates on a Florida Forest Service Registration/Receipt, self-service pay envelope, or state forest authorization received from the Florida Forest Service field. Any lost or abandoned property on managed lands will be secured for up to 48 hours, and after a reasonable attempt is made to identify the rightful owner, items will be disposed of in accordance with Chapter 705, F.S.

(n) Leave any item within state forest boundary, including but not limited to, licensed vehicles or trailers, any structure of any nature, or any unattended items. Items shall be removed by the person(s) who placed anything within the state forest boundaries. Any lost or abandoned property on managed lands will be secured for up to 48 hours, and after a reasonable attempt is made to identify the rightful owner, items will be disposed of in accordance with Chapter 705, F.S.

(2) The Service will allow certain activities on state forest lands through issuance of a State Forest Use Permit (FDACS-11228, Rev. 07/15), hereby incorporated and adopted by reference, available at https://www.flrules.org/Gateway/reference.asp?No=Ref-05745. A person wishing to engage in one of the activities listed in this section must contact the local Florida Forest Service office of the forest on which the person is requesting to engage in the proposed activity. The Service will issue a State Forest Use Permit (FDACS-11228, Rev. 07/15) provided the proposed use does not interfere with management objectives of that forest as provided in that forest’s management plan; create a nuisance to wildlife, other forest users, or Service staff; pose a threat to public safety; or create a risk of wildfire. Authorization to conduct the activity will be valid only for the time, place, and manner contained in the State Forest Use Permit (FDACS-11228, Rev. 07/15) issued and only for the individual or group listed. Unless authorized by a State Forest Use Permit (FDACS-11228, Rev. 07/15), no person shall do the following:

(a) Attach swings, rope, wire, signs, nails or other contrivance, whether permanent or temporary, to any tree, plant, other natural feature, or property within managed land.

(b) Cut, carve, mark, uproot, damage, break off limbs or branches, destroy or mutilate, or pick the flowers, seeds, or fruit of any living or dead plant or tree.

(c) Pick up or remove dead wood from managed lands, except for collecting firewood to be burned in a designated area in a campground or camp zone.

(d) Dig in or disturb the natural condition of any area on managed lands.

(e) Remove any plant life from any managed lands. Written permission to remove plant life shall be granted only if the Service determines that the removal is for an educational or research purpose and the proposed removal meets the criteria of subsection (2). A fee is not charged for the removal of plant life for an educational or research purpose.

(f) Engage in any construction activity on managed lands, except as provided herein.

(g) Operate any device as specified in Section 934.50(2)(a), F.S. Any such device will only carry a nonlethal payload.

(h) Operate a commercial enterprise on managed lands. Written permission to operate a commerical enterprise shall be granted from the Service only if the commercial enterprise will provide a compatible service to forest visitors, the applicable fee has been paid in accordance with subsection 5I-4.002(32), F.A.C., to the Service and the proposed operation meets the criteria of subsection (2).

History

• Rulemaking Authority 589.011(4) FS. Law Implemented 589.04, 589.011 FS. History–New 5-24-92, Amended 1-19-95, 5-15-95, 11-6-95, 5-31-04, 5-16-12, 9-30-15, 8-28-16.

Fla. Admin. Code R. 5I-4.006 Recreational Activities and Facilities

(1) Swimming and Sunbathing:

(a) All persons shall comply with hours posted by the Service during which use of swimming areas is prohibited.

(b) Swimming areas will be closed to the public, and the use thereof prohibited, at any time the Service determines that such activities are dangerous or otherwise inadvisable.

(c) The washing of persons or objects, with or without soaps or other cleansers, is prohibited in any waters within managed lands.

(d) Pets are prohibited in swimming areas, unless authorized by the Service.

(e) Swimming will be prohibited in any water body, or portion thereof, on managed lands at any time the Service determines there is a threat to the life, limb, or property of any human being or damage to any natural or cultural resource.

(2) Boating:

(a) Boating is allowed on any water body within managed lands unless the water body is posted otherwise. Posting may include restrictions on the use and the type of watercraft propulsion system allowed.

(b) No person shall operate any watercraft in swimming areas.

(3) Fishing:

(a) Fishing by any legal method is allowed in water bodies on managed lands, except where prohibited by the Service. Applicable rules of the Florida Fish and Wildlife Conservation Commission apply.

(b) Fishing is prohibited in swimming areas.

(4) Camping and Day-Use:

(a) A limited number of camping and day-use areas on managed lands may be reserved in advance.

(b) Camping within managed lands is authorized only in designated areas.

(c) No person shall remain in any day-use area during the times it is designated as closed unless a State Forest Use Permit (FDACS-11228, Rev. 07/15) has been issued by the Service in accordance with subsection 5I-4.005(2), F.A.C.

(d) The Service reserves the right to set carrying capacities on managed lands in order to protect the natural resources.

(e) Camping within managed lands, except in designated hunt camps, is limited to 14 consecutive nights to prevent any camper from taking up long term camping at any one campsite and possibly displacing other campers. After 14 consecutive nights, the camper must leave the state forest for at least three nights before returning for a new stay. Changing the registered name of an individual or group to circumvent the 14 consecutive nights, maximum length of stay is prohibited. However based upon medium occupancy at any campground the district or center manager has the authority to extend campsite use between 15 and 29 consecutive nights.

(f) Camping within managed lands where a fee is required is authorized upon payment of that fee.

(g) Except upon authorization by the Service and upon the Service’s determination that there will be no danger to the health, safety, and welfare of the campgrounds, no more than five persons, with a maximum number of one recreational vehicle and one tent or a maximum number of three tents, are allowed per campsite.

(h) Visitors of registered campers in developed campgrounds are allowed provided the total number of visitors or their vehicles do not create a nuisance or hazard to other campers, interfere or obstruct pedestrian or vehicular traffic, or interfere with other proper uses of the camping facility.

(i) In accordance with Section 790.15(1), F.S., it is a misdemeanor of the first degree, punishable as provided in Sections 775.082 and 775.083, F.S., to knowingly discharge a firearm in a state forest, unless a person is lawfully defending life or property or performing official duties requiring the discharge of a firearm or discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission (FWC) or the Florida Forest Service. State forests are public places intended and designed to be frequented or resorted to by the public. State forest camping areas and day-use areas, including, but not limited to, hunt camps and the Croom Motorcycle Area are not approved for hunting with firearms, and the discharge of a firearm in these areas is strictly prohibited. In the Croom Motorcycle Area hunting with bows, crossbows, or air guns is allowed during FWC designated game seasons. On lands designated as wildlife management areas or wildlife and environmental areas firearms may be used as outlined in FWC Administrative Rule 68A-15.004 or 68A-17.004, F.A.C. Note: A person in possession of a valid Concealed Weapon or Firearm License may carry concealed handguns on managed lands (including non-wildlife management areas, camping areas and day-use areas) under the provisions of Section 790.06, F.S., throughout the year, unless otherwise prohibited pursuant to state or federal law.

(j) The earliest check-in time for campsites is 3:00 p.m., and the latest checkout time for campsites is 1:00 p.m., unless otherwise posted.

(k) Chainsaw use in camping facilities is prohibited.

(l) Persons who are not registered campers or visitors of registered campers are not allowed to park in camping facilities or use campsites.

(m) Quiet time is 10:00 p.m. until 6:00 a.m. Noise should not carry beyond the visitor’s campsite during quite time. Examples include pet noise, generator noise, music, closing car doors, setting car alarms, etc., from within the campsite.

(n) Organized groups must request reservations from the Service, and have written authorization from the Service to use managed lands, provided authorization may be given only if the proposed use will not adversely affect managed lands.

(5) Hunt Camps:

(a) The maximum number of persons allowed in an authorized hunt camp shall be predetermined based on the size and location of the site.

(b) If all hunt camp sites are occupied, then the Service may assign hunters to non-hunt campsites. The district or center manager shall designate the number of persons that will be allowed per non-hunt campsite and the normal non-hunt campsite fee shall be charged. The district or center manager may seasonally assign underutilized designated campsites or campgrounds as Hunt Camps and charge the applicable Hunt Camp fees.

(c) Temporary structures may be erected in hunt camps on managed lands. Any such structure must be removed no later than six days after the end of the hunting season for which the hunt campsite authorization is issued. Persons that do not remove camping equipment, trailers or temporary structures by this ending date will be charged the current primitive camp site rate per day until their removal.

(d) Hunt campsite authorizations are to be displayed on the numbered post designating the individual campsite or at a place as designated by the district or center managers.

(e) Hunt camp permits shall be issued on a renewal basis, first come, first served basis or through a lottery system, depending upon the best resource management technique for each state forest that provides hunt camps. Only one hunt camp permit will be issued annually to a single household for Tate’s Hell State Forest and John M. Bethea State Forest. No more than two hunt camp permits will be issued annually to a single household for Withlacoochee State Forest.

(f) These hunt campsites require a Hunt Camp Permit for the entire length of a specific hunt and are available only to properly licensed hunters during hunting seasons. These areas are closed to camping outside of designated hunting seasons, unless a State Forest Use Permit (FDACS-11228, Rev. 07/15) has been issued by the Service in accordance with subsection 5I-4.005(2), F.A.C.

(6) Service designated Off-Highway Vehicle areas:

(a) No person shall operate an off-highway vehicle inside the boundaries of the Service designated OHV areas unless the vehicle visibly displays a valid Service issued authorization at a location as designated by the Service.

(b) No person shall operate an off-highway vehicle within the Service designated OHV areas between sunset and sunrise.

(c) All persons operating off-highway vehicles on managed lands do so at their own risk and must comply with all established rules.

(d) No person shall operate an off-highway vehicle within the Service designated OHV areas unless such vehicle has a muffler system conforming to the requirements of the Florida Highway Patrol Handbook.

(e) No person shall operate an off-highway vehicle faster than five (5) miles per hour inside the Service designated OHV area camping facilities and day-use parking areas.

(f) No person under the age of 16 shall operate or ride an off-highway vehicle in the Service designated OHV areas without the direct supervision of an adult (18 years or older).

(h) A person who has not attained 16 years of age operating an off-highway vehicle must wear eye protection, over-the-ankle boots, and a safety helmet that is approved by the United States Department of Transportation or Snell Memorial Foundation.

(i) Users are required to follow local regulations as it relates to the operation of each off-highway vehicle.

(7) Bicycles: No person shall operate a bicycle on managed lands except on designated roads, bicycle trails or designed multi-use trails.

(8) Pets:

(a) No pet is allowed on managed lands unless the pet is confined or restrained on a leash no more than ten feet in length, except in those areas designated otherwise. Note: Certain portions of managed lands may prohibit pets, and certain portions of managed lands may allow unconfined or unrestrained pets; such lands will be posted by the Service. The Service shall make such postings upon a determination that there is no threat to public safety or to the condition of the facilities, and that the pets do not constitute a nuisance.

(b) Nuisances include pets which are noisy, vicious, dangerous, disturbing or intimidating to other persons, and those that damage natural or manmade resources.

(c) Owners shall pick up after their pets and properly dispose of all pet waste in trash receptacles.

(d) Pets must be well behaved at all times and confined in the owner’s camping sleep quarters during designated quiet time.

(e) Pets may be allowed in prohibited areas upon showing that a special request has been made to, and permission granted by, the Service. The Service may grant permission upon a determination that there is no threat to public safety, or to the condition of the facilities and that the pets do not constitute a nuisance within the area of request.

History

• Rulemaking Authority 589.011(4), 589.071, 589.12 FS. Law Implemented 589.04, 589.071, 589.19 FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 3-2-09, 5-16-12, 9-30-15, 8-28-16.

Fla. Admin. Code R. 5I-4.007 Garbage, Water Pollution and Glass Containers

(1) No Person shall transport garbage or trash in any form onto Managed Lands.

(2) No Person shall dump or deposit garbage or trash on Managed Lands.

(3) No Person shall dispose of garbage or trash in state dumping facilities or containers on managed lands other than that generated from recreational activities on Managed Lands. If such dumping facilities or containers are not available, Persons responsible for the generation of garbage or trash shall remove it from Managed Lands.

(4) No Person shall throw, discharge, or otherwise place or cause to be placed in any water body on Managed Lands any substance, matter or thing, liquid or solid, which will or may pollute the waters.

(5) Glass containers are prohibited in and around all waterways within the boundaries of Managed Lands and on any other area specified by the Service.

History

• Rulemaking Authority 570.07(23), 589.011(4), 589.12 FS. Law Implemented 589.011(1), (4) FS. History–New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04, 5-16-12.

Fla. Admin. Code R. 5I-4.008 Vendors; Authorizations; Fees

Any commercial enterprise desiring to provide animals or equipment such as horses, canoes, or bicycles to any person for use on managed lands shall pay any applicable fees in accordance with subsection 5I-4.002(32), F.A.C., to the Service. The commercial enterprise shall post or provide all customers with copies of general information governing use of the forest.

History

• Rulemaking Authority 589.011(4) FS. Law Implemented 589.04, 589.011 FS. History–New 5-24-92, Amended 11-6-95, 5-31-04, 5-16-12, 9-30-15, 8-28-16.

Fla. Admin. Code R. 5I-4.009 Public Nuisance

History

• Rulemaking Authority 589.011(4) FS. Law Implemented 589.011(4) FS. History–New 5-24-92, Repealed 5-15-95.

Fla. Admin. Code R. 5I-4.010 Signs

History

• Rulemaking Authority 589.011(4) FS. Law Implemented 589.011(4), 589.071 FS. History–New 5-24-92, Repealed 11-6-95.

Fla. Admin. Code R. 5I-4.011 Penalties for Violations

Section 589.011, F.S., provides that the Florida Forest Service on behalf of the state may adopt and enforce rules necessary for the protection, utilization, occupancy, and development of state forest lands or any lands leased by or otherwise assigned to the Service for management purposes. Any person violating or otherwise failing to comply with any of the provisions of Sections 589.011, 589.071 or 590.14, F.S., or rules adopted pursuant to Section 589.011, F.S., is guilty of a non-criminal violation as defined in Section 775.08(3), F.S., punishable only by fine not to exceed $1,000.00.

History

• Rulemaking Authority 589.011(4), 589.071 FS. Law Implemented 589.011, 589.071, 590.14 FS. History–New 5-24-92, Amended 1-19-95, 5-31-04, 5-16-12, 9-30-15.

Chapter 5I-5 TREE ENHANCEMENT PROGRAMS

Fla. Admin. Code R. 5I-5.001 Purpose

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Repealed 8-23-17.

Fla. Admin. Code R. 5I-5.002 Purpose and Definitions

The purpose of this chapter is to administer the Florida Forest Service Tree Enhancement Programs. The following words have the meaning indicated:

(1) “Applicant” means a Local Government, Not for Profit Organization, or Private Landowner applying for cost-share assistance for tree planting.

(2) “District/Center” means the administrative field unit of the Florida Forest Service.

(3) “District/Center Manager” means the chief administrative employee of the District as defined in subsection (2), above.

(4) “Fiscal Year” means the period of time extending from July 1 to June 30.

(5) “Tree Enhancement Programs” means the tree planting programs authorized by Section 589.277, F.S., and includes programs related to maintaining native plant species including those providing for prescribed burning, treating non-native invasive plant species, site preparation, timber stand improvement, and other related practices.

(6) “Local Government” means any county or incorporated municipality within this state.

(7) “Not for Profit Organization” means an organization which has an active record with the Florida Secretary of State for not for profit corporation status pursuant to Chapter 617, F.S.

(8) “Private Landowner” means private individual, group, Indian tribe or other native group, association, corporation, or other non-govermental legal entities owning or controlling a contiguous parcel of at least one acre of land and no more than twenty-five thousand acres of land in any one county of the State, unless the acreage threshold within this range is otherwise specified by the Florida Forest Service under which financial resources are allocated.

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277, 589.30 FS. History–New 3-8-93, Amended 4-17-95, 8-23-17.

Fla. Admin. Code R. 5I-5.003 Allocation of Funds

(1) A notice of funding availability shall be published on the Florida Forest Service website, and will include a list of information that must be submitted by an applicant and how the applications are to be submitted.

(2) The Florida Forest Service shall determine the amount of funds to be distributed through awards, the financial range of awards, and the distribution of funds into the urban, rural, or tree ehancement progam categories, based upon the availablity of federal, state, or donated funds.

(3) During any fiscal year, the Florida Forest Service may designate the use of up to ten percent (10%) of the program funds for adminstration and management.

(4) Contributors of donated funds to the Florida Forest Service trust fund may designate the county or counties where their donated funds will be used and for which tree enhancement program.

(5) All trees and/or seedlings planted must be of a species native to the State of Florida.

(6) For questions about Tree Enhancement Programs contact: Forest Management Bureau, Florida Forest Service, 3125 Conner Boulevard, M.S. C25, Tallahassee, Florida 32399-1650, phone (850)681-5880.

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-3-94, 4-17-95, 8-23-17.

Fla. Admin. Code R. 5I-5.004 Grant Application Process

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95, Repealed 8-23-17.

Fla. Admin. Code R. 5I-5.005 Reviewing and Processing of Grants

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95, Repealed 8-23-17.

Fla. Admin. Code R. 5I-5.006 Maintenance Responibility

After funding is provided by the Florida Forest Sevice for a Tree Enhancement Projects, the long-term costs for the care and maintenance of trees or seedlings are the responsibility of the applicant.

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95, 8-23-17.

Fla. Admin. Code R. 5I-5.007 Prioritization

(1) Potential projects submitted for Tree Enhancement Programs, shall be evaluated based upon the following criteria:

(a) Suitability of the species for the site.

(b) Use of appropriate native trees.

(c) Irrigation requirements for urban plantings.

(d) Number of acres to be planted, number and size of trees to be planted.

(e) The acres to be treated under any Tree Enhancement Programs.

(f) Evidence of local government support for urban plantings.

(g) Cost effectiveness.

(h) Demonstration of an amount of applicant match as a source of funding.

(i) Comply with Best Management Practices for Silviculture (2008), adopted and incorporated by reference in Rule 5I-6.002, F.A.C., for rural Tree Enhancement Programs.

(2) The Forest Management Bureau Chief will provide the Director of the Florida Forest Service with a recommended prioritized list of projects including partial funding of projects.

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95, 8-23-17.

Fla. Admin. Code R. 5I-5.008 Award of Grants

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 8-19-93, 4-17-95, Repealed 8-23-17.

Fla. Admin. Code R. 5I-5.009 Execution of Agreements and Documents

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History–New 3-8-93, Amended 4-17-95, Repealed 8-23-17.

Fla. Admin. Code R. 5I-5.010 Review of Projects

The District/Center Managers, or their representative, shall verify that the applicants adhere to all tree planting or tree enhancement program activities, and:

(1) Prior to final project acceptance, a sixty-day grow-in period is required on all planted trees and seedings.

(2) The District/Center Managers, or their representative, shall review and approve tree enhancement projects based upon the criteria within Rule 5I-5.007, F.A.C., prior to final acceptance, and shall notify the Forest Management Bureau of their final acceptance.

(3) The District/Center Managers, or their representative, shall ensure that Best Management Practices for Silviculture (2008), adopted and incorporated by reference in Rule 5I-6.002, F.A.C., were followed for rural Tree Enhancement Programs.

History

• Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277, 589.30 FS. History–New 3-8-93, Amended 4-17-95, 8-23-17.

Chapter 5I-6 BEST MANAGEMENT PRACTICES FOR SILVICULTURE

Fla. Admin. Code R. 5I-6.001 Purpose

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Repromulgated 3-17-10, Repealed 12-6-17.

Fla. Admin. Code R. 5I-6.002 Approved Best Management Practices (BMPs)

The document titled Best Management Practices for Silviculture (DACS-P-01284, 2008) is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943 or Fax (850)681-5801 or online at https://www.flrules.org/Gateway/reference.asp?No=Ref-08682.

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10, 12-6-17, Technical Change 3-11-26.

Fla. Admin. Code R. 5I-6.003 Presumption of Compliance

In order to obtain the presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), F.S., for those pollutants addressed by the practices the applicant must:

(1) Conduct an assessment of the subject properties using the document titled Best Management Practices for Silviculture (DACS-P-01284, Revised 2008), adopted in Rule 5I-6.002, F.A.C.

(2) Submit a Notice of Intent to Implement as described in Rule 5I-6.004, F.A.C.

(3) Implement the BMPs identified as a result of the assessment of the subject properties and listed in the Notice of Intent to Implement.

(4) Maintain documentation to verify the implementation and maintenance of the Silviculture BMPs as outlined in Rule 5I-6.005, F.A.C.

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10, 8-5-10, 12-6-17.

Fla. Admin. Code R. 5I-6.004 Notice of Intent to Implement

(1) A Notice of Intent to Implement shall be submitted to the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943 or FAX (850)681-5801. Such notice shall identify BMPs the applicant will implement. This notice is a one-time notification and is not required for each and every individual silviculture activity undertaken by the applicant.

(2) Once filed with FDACS, the Notice of Intent to Implement shall enable the applicant to apply for assistance with implementation as identified in Section 403.067(7)(c), F.S.

(3) Notice of Intent to Implement Best Management Practices for Silviculture, (FDACS 11305, Revised 06/17), is hereby adopted and incorporated by reference and can be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08683.

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Amended 3-17-10, 8-5-10, 12-6-17.

Fla. Admin. Code R. 5I-6.005 Record Keeping

Where silviculture BMP implementation is not physically observable in the field, participants must preserve sufficient documentation to confirm implementation of the BMPs identified in the Notice of Intent to Implement. All field activities and documentation related to BMP implementation are subject to FDACS, Florida Forest Service inspection. Section 403.067(7)(c)5., F.S., provides that agricultural records, defined therein, are confidential and exempt from public records disclosure.

History

• Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History–New 2-11-04, Repromulgated 3-17-10, Amended 12-6-17.

Fla. Admin. Code R. 5I-6.006 Implementation Verification

(1) Definitions. Unless defined below, words, phrases, or terms contained herein shall have the definitions set forth in Rule 5M-1.001, F.A.C. References to “Producer” used in Rule 5M-1.001, F.A.C., shall mean “Practitioner” as defined in this rule section. As used in this rule the following words, phrases, or terms shall mean:

(a) “Notice of Intent to Implement” means the form provided by the Department titled, “Notice of Intent to Implement Best Management Practices for Silviculture,” (FDACS 11305, Revised 06/17), adopted in Rule 5I-6.004, F.A.C., to be submitted by a Practitioner to enroll in the Department’s Best Management Practices (BMPs) for Silviculture.

(b) “Practitioner” means any person or legal entity engaged in silviculture operations, whereby the trees constituting forests are tended, harvested, and reproduced.

(2) The Department will perform implementation status assessments of Applicable BMPs by Enrolled Practitioners using data from periodic self-verifications, staff-assisted verifications, record reviews, and site visits, supplemented by information from other sources including county property appraisers, aerial surveys, the Florida Department of Environmental Protection (DEP), and water management districts. The Department will notify the Landowner when an Enrolled Practitioner self-verification or staff assisted verification is completed if the Practitioner is not the Landowner.

(3) The Department will provide implementation assistance to Enrolled Practitioners as follows:

(a) If the implementation status assessment described in subsection (2), indicates that an Enrolled Practitioner has not achieved full implementation of Applicable BMPs, the Department will work in cooperation with the Practitioner to identify corrective measures for the Practitioner’s implementation. If the Practitioner is not the Landowner, the Landowner will be notified that corrective measures have been identified for the Practitioner’s implementation.

(b) If the Practitioner does not implement the identified corrective measures, the Department will work in cooperation with the Practitioner and Landowner, if the Practitioner is not the Landowner, to identify remedial measures to be taken by the Practitioner and, if necessary, the Landowner to achieve full implementation of Applicable BMPs. A Practitioner or Landowner that fails to implement the identified remedial measures will be subject to subsection (4).

(c) A Practitioner or Landowner that does not cooperate with the Department to identify corrective or remedial measures is subject to subsection (4).

(4) The Department will notify DEP within 60 days after the date of scheduled completion of remedial measures identified pursuant to paragraph (3)(b), of any Practitioner or Landowner that refuses or fails to implement Applicable BMPs.

History

• Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c., 570.07(10), 570.07(23) FS. Law Implemented 403.067(7)(d)2.c. FS. History‒New 12-6-17.

Chapter 5I-7 RURAL AND FAMILY LANDS PROTECTION PROGRAM

Fla. Admin. Code R. 5I-7.001 Program Goals and Objectives

(1) Pursuant to Section 570.70, F.S., the Rural and Family Lands Protection Program’s goals and objectives are to bring under public protection lands that serve to limit subdivision and conversion of agricultural and natural areas that provide economic, open space, water, and wildlife benefits by acquiring interests in land such as perpetual, less-than-fee acquisitions, agricultural protection agreements, and resource conservation agreements and innovative planning and development strategies in rural areas.

(2) Acquisitions described in this rule are for voluntary, negotiated acquisitions and conveyances under agreements for purchase of perpetual less-than-fee simple interests.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23.

Fla. Admin. Code R. 5I-7.002 Definitions

For the purposes of this chapter, the following terms are defined as follows:

(1) “Agriculture” is as defined in Section 570.02(1), F.S.

(2) “Agricultural Cooperative” means an established organization where farmers pool their resources in certain areas.

(3) “Agricultural Lands” means lands on which Agriculture is conducted.

(4) “Aquifer Recharge Areas” means regions that provide water to an aquifer that is critical to springs, sinks, lakes, rivers, other natural systems, or water supply.

(5) “Baseline Documentation Report” means a report used for long term Perpetual Easement monitoring that documents existing land conditions at the time of execution of the easement.

(6) “Best Management Practices” or “BMPs” means a practice or combination of practices established by rule of the Department, based on research, field-testing, and expert review, to be the most effective and practicable on-location means, including economic and technological considerations, of protecting environmental values.

(7) “Board” or “Board of Trustees” means the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

(8) “Commissioner” means the Florida Commissioner of Agriculture.

(9) “Council” means the Acquisition and Restoration Council, pursuant to Section 259.035, F.S.

(10) “Department” means the Department of Agriculture and Consumer Services.

(11) “Division” means the Florida Forest Service in the Department of Agriculture and Consumer Services.

(12) “Natural Floodplain” means Federal Emergency Management Agency (FEMA) “special flood hazard areas (SFHA)” associated with major rivers. In counties where no FEMA data is available, the Natural Floodplain is estimated based on water management district landcover data, Landsat data, and National Wetlands Inventory data.

(13) “Outparcel” means land within the boundaries of a parcel which is not owned or under the control of the parent tract owner or is intended to be excluded from the Project by the parent tract owner.

(14) “Perpetual Easement” means a conservation easement as defined in Section 570.71(2)(a), F.S., or a rural lands protection easement as defined in Section 570.71(3), F.S.

(15) “Program” means the Rural and Family Lands Protection Program (RFLPP).

(16) “Project” means the proposed acquisition of a Perpetual Easement as provided for in Section 570.71, F.S.

(17) “Significant Natural Areas” as contained in Section 570.71(1)(c), F.S., means areas of relatively undisturbed land or water features that promote healthy functioning habitats important to native plant and wildlife species and hydrology.

(18) “Species Habitat” means an environment consisting of an assemblage of plants, animals, soils, and associated processes that provide a plant or animal with its physical and chemical requirements.

(19) “Supplemental Standards” means the Supplemental Appraisal Standards for Board of Trustees Land, which contains appraisal requirements that establish public policy and add to the standard appraisal procedures and practices of the appraisal profession for the development and reporting of all appraisal services, including those outlined in Chapters 253 and 570, F.S., and in accordance with subsection 18-1.002(23), F.A.C.

(20) “Uniform Standards of Professional Appraisal Practices (USPAP)” means the generally accepted and recognized standards of real property appraisal practice in the United States promulgated by the Appraisal Foundation and used by state and federal agencies and others, which is incorporated by reference in Rule 61J1-9.001, F.A.C.

(21) “Water Resources” means water bodies, Aquifer Recharge Areas, aquifers, wetlands, and watersheds.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 4-14-15, 6-12-23.

Fla. Admin. Code R. 5I-7.003 Project Eligibility

In order to be eligible for acquisition pursuant to this chapter, a Project must be consistent with the Program Goals and Objectives as stated in Rule 5I-7.001, F.A.C., and meet at least one of the following public purposes consistent with Section 570.71(1), F.S.:

(1) Promotion and improvement of wildlife habitat;

(2) Protection and enhancement of water bodies, Aquifer Recharge Areas, wetlands, and watersheds;

(3) Perpetuation of open space on lands with Significant Natural Areas; or

(4) Protection of Agricultural Lands threatened by conversion to other uses.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.70, 570.71, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23.

Fla. Admin. Code R. 5I-7.004 Application Procedures and Requirements

(1) For purposes of Sections 259.105(3)(i), and 570.71, F.S., anyone submitting an application for consideration of a Project shall utilize Form FDACS-11207, Rural & Family Lands Protection Program Application, Rev. 10/25, hereby incorporated by reference and immediately available on the internet at: http://flrules.org/Gateway/reference.asp?No=Ref-18735 or by sending a request to the following mail or email address. When an application review cycle is announced, applications must be submitted by electronic portal entry or mail to:

Florida Department of Agriculture and Consumer Services,

Rural and Family Lands Protection Program

315 South Calhoun Street, Suite 500

Tallahassee, FL 32301-1843

RFLPP@FDACS.gov.

Applications must be delivered by 5:00 p.m. (Eastern Standard Time), on the final day of the application period, as announced pursuant to subsection 5I-7.004(2), F.A.C.

(2) The Department shall publish a Notice of Application Review Cycle announcing the opening of an application review cycle and the date by which new applications must be received. The notice shall include any funding priority criteria that will be considered in addition to the preferences set forth in Section 570.71(10), F.S. The notice shall be published in the Florida Administrative Register, and available on the internet at: http://www.flrules.org/.

(3) When an application review cycle is initiated by the Department, all Projects on the existing Project acquisition list will be carried over by confirming accuracy of the original application through the online portal or by submitting a new application Form FDACS-11207 Rural & Family Lands Protection Program Application, Rev. 10/25 to the above mailing address. The confirmation or completion of an application must be submitted by electronic portal entry or mailed by the deadline for submission of new applications published in the Notice of Application Review Cycle. Failure to submit a confirmed or new application will remove the project from consideration. If the Project no longer meets the Program eligibility criteria set forth in Rule 5I-7.003, F.A.C., due to changes to use, boundaries, or conditions on the property, Program staff shall deem the Project ineligible. When such a determination is made, the landowner shall be contacted and provided the reason why the Project is ineligible. When an application review cycle is initiated by the Department, all new and existing Projects will either be ranked or re-ranked in accordance with Rule 5I-7.007, F.A.C.

(4) Each Project application received shall, within 30 days of receipt, be reviewed by Program staff to verify sufficiency of information and that on its face it is eligible for further review and evaluation in accordance with this chapter.

(a) The Department shall notify the applicant with a notice of deficiency provided, via the applicant’s preferred method of contact as indicated on the application, setting forth a description of the deficiency and instructions for resubmission. If the required information is not received in writing via the methods described in subsection 5I-7.004(1), F.A.C., and all reasonable attempts have been made to contact the landowner within five (5) business days of the applicant’s receipt of the notice of deficiency, the application will be rejected.

(b) Applications determined to be ineligible shall be returned to the applicant with an explanation of the reason that the Project was determined to be ineligible.

(c) Applications received after the application review cycle deadline described in subsection 5I-7.004(1), F.A.C., will not be considered and will be returned to the applicant.

(5) Requests to modify the boundary of a Project on the Project acquisition list by 15% or more of the total approved Project area must be submitted by the landowner prior to the application review cycle deadline and shall be considered for approval by the Rural and Family Lands Selection Committee with the next group of new Projects. Should the Committee approve the modification, a new total Project acreage would be established.

(6) If the landowner contemplates a division of the property, the size and scope of such division must be specified in the application and must go before the Selection Committee for approval. No division of the property will be allowed after the approval of the Project without the written consent of the Department. The division must not result in any parcel being below the average size of farms in the county, as determined by the USDA Average Size of Farms by County Table, Version 2022, hereby incorporated by reference and immediately available on the internet at: http://flrules.org/Gateway/reference.asp?No=Ref-18736 or by sending a request to RFLPP@FDACS.gov or the mailing address provided in Rule 5I-7.004, F.A.C.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS. History‒New 11-3-08, Amended 4-14-15, 6-12-23, 2-27-25, 12-10-25.

Fla. Admin. Code R. 5I-7.005 Technical Review and Evaluation of Project Applications

(1) Once complete and timely submitted, the application shall receive an independent review by members of a Technical Review Team appointed by the Commissioner and coordinated by the Program.

(2) The Technical Review Team will be authorized to perform a site visit to each Project for the purposes of observing and evaluating agricultural and natural characteristics of the property, related to its suitability for long-term agricultural use. The site visit will provide an opportunity to exchange information between the landowner(s) or their representative(s), property manager, and technical review team members.

(3) The Project evaluation process will also include a desk review by the Technical Review Team to analyze available data, maps, and information related to the property, its natural features and Species Habitat, hydrology, agricultural operation, and potential for conversion to non-agricultural use.

(4) The Technical Review Team members will prepare a report of their findings to the Program for each Project. The report will include an evaluation of Project eligibility (in Rule 5I-7.003, F.A.C.) and the degree to which the Project meets the Program goals and objectives (in Rule 5I-7.001, F.A.C.).

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23, 2-27-25, 12-10-25.

Fla. Admin. Code R. 5I-7.006 Program Review and Evaluation of Project Applications

(1) Division staff shall prepare a Project Evaluation Report for each Project after receipt of the findings of the Technical Review Team.

(2) The Project Evaluation Report shall include:

(a) A compilation of all Technical Review Team reports, a summary of the information in the application, and any additional information relied upon by the team members. If applicable, this shall include a determination that the Project does not meet the eligibility requirements for the RFLPP, or a recommendation that a Project, or portion thereof, might be more suitably acquired by a separate land acquisition program such as pursuant to Section 259.105(3)(b), F.S., and the goals and objectives of that program. When such a recommendation is made, the landowner shall be contacted and provided the reason why the Project is ineligible, or that another program may be appropriate. If requested by the landowner after the landowner applies to another program, the Department shall coordinate with the other program(s) by transferring all data and technical reviews that are available.

(b) Confirmation of the Project boundary as contained in the application and any recommended boundary adjustments.

(c) A recommended monitoring entity for the Project and a brief rationale for the recommendation, if said entity is different from the Department.

(d) Known or potential opportunities for cost-sharing partnerships with complementary local, state and federal programs. A potential cost-sharing opportunity or program shall be considered complementary if:

1. The goals, objectives and eligibility criteria of the partnering programs are compatible;

2. The property owner is willing to comply with the requirements of all entities or programs engaged in the partnership; and

3. Funding is or will be available from participating programs to cost-share the proposed Perpetual Easement.

(e) Whether the property is one or more of the following:

1. Within an agricultural area as determined by a local government comprehensive plan pursuant to Section 163.3177(6)(a), F.S.;

2. Within a rural land stewardship area pursuant to Section 163.3248, F.S.; or

3. Classified as agricultural pursuant to Section 193.461, F.S.; or is part of an Agricultural Cooperative.

(f) Other relevant information based on a review of all evaluations and comments received, including those from local government and the general public.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23.

Fla. Admin. Code R. 5I-7.007 Ranking, Review and Approval of Project Acquisition List

(1) The Commissioner will designate a Rural and Family Lands Selection Committee of no fewer than five (5) members drawn from divisions and offices within the Department with expertise in various agricultural activities.

(2) Rural and Family Lands Selection Committee members shall independently evaluate Projects based on consideration of the Project Evaluation Report detailed in Rule 5I-7.006, F.A.C., giving preference to ranch and timberlands managed using practices that provide multiple use and sustained yield of the renewable surface resources with the goal of sustaining the economic and ecological integrity of the property while allowing the agricultural business to operate and prosper, in accordance with Section 570.71(10), F.S., or other priorities established in the Notice of Application Review Cycle.

(3) The Rural and Family Lands Selection Committee shall consider the list of Projects at public meeting(s) conducted pursuant to Section 120.525, F.S. The purpose of the meeting(s) shall be to receive public comment, consider the eligibility of new applications and Projects on the existing Project acquisition list, and after the final meeting by majority vote approve a list of Projects in priority order that qualify for acquisition under the Program. The Department will establish the time limit for public comment in advance of the public meeting(s).

(4) Upon approval of the Project acquisition list by the Rural and Family Lands Selection Committee, the Department shall present Projects on the Project acquisition list to the Council for review at a regularly scheduled public meeting, as provided in Section 259.105(14), F.S.

(5) The Department shall present the Project acquisition list to the Board for approval, along with supporting information outlined in subsection (6) below. The Board is authorized to remove Projects from the list, but may not add Projects or change Project rankings, as provided in Section 259.105(14), F.S.

(6) The Department shall submit to the Board, with its Project acquisition list, a report that includes, but is not limited to, the following information for each Project listed:

(a) A summary of the Project evaluation, including the type of agricultural activities currently on the property, the natural resource benefits of the project, and the current threat of conversion to non-agricultural uses; and

(b) A map delineating Project boundaries, and, where applicable, proximity to other protected lands.

(7) The combined value of all projects recommended to the Board by the Department may exceed the amount of money available for acquisition.

(8) Upon approval of the Project acquisition list by the Board and subject to the availability of funds, the Department may proceed with the acquisition process for Perpetual Easements, including appraisals, survey and title review.

(9) All acquisition Projects approved by the Board shall be eligible for funding, with available resources targeted initially toward the highest ranked Projects. However, the Board is authorized to approve the purchase of any Project from the list, pursuant to Section 259.105, F.S., any Project with cost-share opportunities, and any boundary amendments to completed Projects previously ranked and acquired pursuant to prior lists. The boundary amendment shall not exceed 15% of the total Project acreage previously approved and does not need to be independently ranked. Such amendments must benefit both the Landowner and the Program, create a cohesive and consistent Project, and resolve issues such as title defects, road and plat abandonment, and in-holdings acquired subsequent to closing on the original Project acreage.

(10) A Project acquisition list approved by the Board shall replace all prior lists.

(11) In the event there is no application review cycle initiated during the calendar year, the previously approved Project acquisition list may be used, subject to the availability of funds, until the Board approves a Project acquisition list. The Board may also re-approve the previous Project acquisition list.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105 FS. History‒New 11-3-08, Amended 4-14-15, 6-12-23, 2-27-25.

Fla. Admin. Code R. 5I-7.008 Title and Survey

(1) Initial Title Report. A title report shall be obtained from a licensed title company or title attorney authorized to do business in the State of Florida. The title report shall include an adequate legal description of the property to be acquired sufficient to inform the Department and the appraisers of the status of ownership, encumbrances, exceptions, reservations, previous ownership history, and tax assessment history.

(2) Evidence of Marketability. A title commitment shall be obtained by the Department, from a licensed title company or title attorney authorized to do business in the State of Florida, prior to the conveyance of title. The content of such evidence of marketable title shall demonstrate that title is marketable and compatible with the purposes of the acquisition.

(3) Condition of Title. The objective of negotiations for acquisition of property interests is to obtain all the landowner’s rights, title and interest in the property as are necessary for the planned easement. All exceptions, reservations, encroachments or other adverse conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined and evaluated as to potential adverse effect on the objectives in acquiring the property interest. Such matters will be disclosed to the Board at the time the Project is submitted on the Department’s agenda for consideration by the Board.

(4) Prior to closing, a certified survey must be obtained, unless the requirement is waived by the Department if it determines that the available information is adequate to establish the boundaries of the property. The Department shall use surveyors licensed by the State of Florida. Any certified survey shall be reviewed to ensure that it complies with the standards of practice for surveys set forth in rule Chapter 5J-17, F.A.C.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23, 2-27-25.

Fla. Admin. Code R. 5I-7.009 Appraisal Procedures, Report Requirements and Determining Maximum Amounts

(1) The Department shall only use appraisers and review appraisers licensed or certified in accordance with Chapter 475, F.S. The Department is authorized to contract directly with qualified appraisers and review appraisers pursuant to Chapter 287, F.S.

(2) Specific Project Appraiser Selection. Appraisers to be solicited for appraisal assignments will be those with competency in the area of specialization required by the proposed appraisal assignment, with additional consideration given to production time, cost efficiency, and contemplation of additional appraisal services in a specific Project area.

(3) For increased time and cost efficiency, for recurring needs for additional appraisal services in a specific project area or for a specific parcel, use of the same appraisers used for these previous services is allowed.

(4) The development and reporting of all appraisal services by the appraiser and review appraiser shall be in accordance with the Uniform Standards of Professional Appraisal Practices (USPAP), Supplemental Standards, as adopted in subsection 18-1.002(23), F.A.C., this rule (Chapter 5I-7, F.A.C.), and the Department’s specific assignment to the appraiser.

(5) The Department shall make available to the appraiser all pertinent title information developed, a specification of the rights to be acquired, a list of items, if any, considered to be noncompensable, minimum appraisal requirements that apply, required appraisal forms or formats, and a certified survey or appraisal map.

(6) The appraisal report shall state any extraordinary assumption or hypothetical condition made by the appraiser in determining market value and shall document and adequately support the appraiser’s estimate or conclusion as to value.

(7) The appraisal report shall be accompanied by a sales history of the parcel for the prior five years. Such sales history shall include all parties and considerations with the amount of consideration verified, if possible.

(8) When two appraisals are required under Section 570.715(1)(b)1., F.S., a third appraisal shall be obtained if the two appraisals differ significantly. Two appraisals shall be considered to differ significantly if the higher of the two values exceeds 120% of the lower value. However, a third appraisal shall not be obtained if the decision is made by the Department to attempt to negotiate an acquisition price of no more than 120% of the lower of the two appraisals.

(9) Determining the maximum amount:

(a) The maximum amount that may be paid for a Perpetual Easement shall be the value indicated in a single approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required by law, the maximum value shall be the higher of the appraisals, regardless of their divergence.

(b) If two appraisals are required by law and their values do not differ significantly, the maximum amount that may be paid for the parcel shall be the higher value indicated in the two approved appraisals.

(c) If a third appraisal is obtained and approved, the maximum amount that may be paid for the parcel shall be the value contained in the higher of the two closest appraisals as long as the two closest appraisals do not differ significantly. If the two closest appraisals differ significantly, 120% of the lower of the two appraisals shall be the maximum value.

(10) Appraisal Reviews:

(a) Appraisal reviews will be conducted for each parcel by qualified review appraisers in accordance with USPAP requirements. Appraisals and appraisal review reports shall be submitted to the Department for the purpose of determining maximum amounts that may be paid for perpetual easements.

(b) For parcels with values greater than $500,000 an appraisal review will be developed and reported according to the requirements of Standard 3 of the USPAP, the Supplemental Standards, and the specific requirements of the assignment. For parcels with values of $500,000 or less, a cursory review by a qualified appraiser will be conducted for assurance that requirements of the assignment were met.

(11) All appraisers will be required to submit an affidavit, pursuant to Section 570.715(1)(b)2., F.S., substantiating that they have no vested or fiduciary interest in any property for which appraisal services will be awarded.

(12) Contract appraisal fees shall be paid by the Department.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 4-14-15, 6-12-23.

Fla. Admin. Code R. 5I-7.010 Negotiations and Purchase Instruments

(1) Initial contact with the landowner by the Department may be established prior to negotiations, provided such contact is limited to the following:

(a) To request the owner’s permission for the Department to inspect the property in order to determine its suitability for the purposes of the Program;

(b) To confirm the owner’s interest in conveying a Perpetual Easement to the State and establish the terms of the proposed easement for appraisal purposes;

(c) To recommend that the owner confer with his or her tax advisor about the possibility of any tax advantages. Appraisals performed by the Department for acquisition purposes are not intended for use by the seller to qualify for tax advantages, and do not meet the federal requirements for such appraisals;

(d) To discuss the timing of possible future acquisitions, and the competition for funds under the Program;

(e) To discuss the matter of representation of the owner by an agent in any future negotiations, and the necessary confirmation by the owner of the agent’s status;

(f) To advise of disclosure requirements;

(g) To discuss other information pertinent to the acquisition process in general; and

(h) To provide the owner a copy of this rule.

(2) The Department is authorized to initiate purchase negotiations only upon receipt of the appraisal(s) in accordance with this chapter.

(3) Upon the initiation of negotiations the Department shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board, if the purchase price exceeds $5 million, and subject to legislative appropriation.

(4) When the landowner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent’s legal or fiduciary relationship with the owner has been received by the Department.

(5) All offers and counter-offers shall be in writing, and shall be documented in the appropriate acquisition file of the Department. Any negotiation that ends with a denial from the landowner will result in the Project being withdrawn from the program.

(6) Pursuant to Section 570.715(5), F.S., appraisal(s) shall be confidential and exempt from the provisions of Section 119.07(1), F.S., as provided in Section 570.715(5), F.S., until an option contract is executed or, if an option contract is not executed, until (2) weeks before an agreement for purchase is considered for approval by the Board. However, the Department shall disclose appraisal reports to private landowners or their representatives during negotiations for acquisitions.

(7) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations that conflict with the terms of the easement, at the lowest reasonable price. When negotiating the purchase of properties that include wetlands where the seller will bear the cost of the survey, the Department shall apprise the seller of the benefits of obtaining a survey that identifies a water line for acreage calculations, as opposed to a mean high water or ordinary high water survey.

(8) Purchase Instruments. The final negotiated purchase shall be placed in the form of a written purchase instrument signed by the owner and the Department, subject to approval by the Board, if the purchase price exceeds $5 million, and legislative appropriation.

(9) The Department shall use a form of purchase instrument meeting the intent of the law and this rule.

(10) Before the purchase instrument is submitted to the Board for approval, the provisions of Section 286.23, F.S., shall be complied with.

(11) Pursuant to Section 570.71(14), F.S., notwithstanding any other law or rule, the Department shall submit a purchase agreement to the Board for approval only if the purchase price exceeds $5 million.

(12) All conveyances of a real property interest shall vest in the Board. The Board may agree to jointly share title with a federal agency, local government or water management district that has contributed funds to the purchase of the easement being jointly acquired. The title interest shall be no greater than the percentage of financial contribution by the governmental entity.

(13) A purchase instrument approved by the Board shall be binding on all parties, except that performance by the Board and the Department is subject to legislative appropriation and any other contingencies in the approved purchase agreement.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23, 2-27-25, 12-10-25.

Fla. Admin. Code R. 5I-7.011 Board Action

(1) The Department shall furnish the following at the time a purchase is considered by the Board:

(a) The purchase instrument.

(b) A copy of the owner’s disclosure form under Section 286.23, F.S.

(c) Evidence of the marketability of the title. The Department may defer submittal and approval of the title commitment until after Board approval of the purchase instrument. In such case the Department will provide a copy of the owner’s deed to the property.

(d) Summary of the appraisal review.

(e) A written statement by the Department outlining the public interest for which the acquisition is being made, citing statutory authority, and stating that the property proposed for purchase is within a Project on the Department’s Project acquisition list.

(f) A written statement signed by the owner confirming the owner’s relationship with his agent.

(g) A written confirmation by the Department of the source and availability of funding for the acquisition.

(h) A copy of the current certified survey or appraisal map.

(i) A statement identifying any expenditure made in the categories set forth in paragraph (2)(a), (b) or (c) of Rule 5I-7.012, F.A.C.

(j) A statement providing a good faith estimate of any additional expenditure in the categories set forth in paragraph (2)(a), (b) or (c) of Rule 5I-7.012, F.A.C.

(2) Pursuant to Section 570.71(14), F.S., notwithstanding any other law or rule, the Department shall submit a purchase agreement to the Board for approval only if the purchase price exceeds $5 million.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23, 2-27-25.

Fla. Admin. Code R. 5I-7.012 Closing

(1) The Department shall have the authority to modify the purchase instrument previously approved by the Board to extend the time for option exercise, closing date, submittal deadlines or any other time limit relating to such agreement, provided the total extension of time for closing does not exceed 180 calendar days after the date contemplated in the purchase instrument approved by the Board. The Department shall also have the authority to execute or modify all documents necessary for the implementation of Board action, including without limitation the purchase instrument, legal descriptions, deeds, assignments, title policies and other miscellaneous agreements and affidavits, provided the modification does not change the substance or the scope of Board approval, and provided the document executed or modified was either approved by the Board or contemplated by Board approval. Any increase in the purchase price to be paid to the seller not contemplated by the terms of the purchase instrument must be approved by the Board. An extension or modification may only be made under the terms of the purchase instrument, or with the seller’s agreement.

(2) The Department shall obtain all disclosures of beneficial interest required in Section 286.23, F.S., before submitting a purchase instrument to the Board for approval. All other disclosures, including those required by Sections 375.031(1) and 380.08(2), F.S., shall be obtained prior to closing. The following information shall also be included in the statement obtained from the owner prior to closing:

(a) The total amount of any finder’s fee, real estate commission or other similar commission, including a statement as to whom those fees will ultimately be paid.

(b) The total amount of the attorney’s fees paid to the owner’s attorney, including a statement as to whom these fees will ultimately be paid.

(c) The amounts of other costs incidental to the sale, indicating to who these sums have been or are to be paid.

(3) The Department shall be responsible for proper completion of the closing and proper recordation of all legal documents necessary to vest title in the Board.

(4) All original documents including recorded documents shall be forwarded to the Department by the closing agent from the county clerk. The Department shall forward all recorded documents and a copy of the title insurance policy to the Department of Environmental Protection, Division of State Lands within 30 days after receipt by the Department for inclusion in the Board’s land title records system.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 4-14-15, 6-12-23.

Fla. Admin. Code R. 5I-7.013 Multi-Party Acquisitions

(1) The Department may enter into an acquisition agreement with a cooperating entity, which may consist of a federal agency, another state agency, a water management district, a local government or a nonprofit organization as defined in Section 570.715(5), F.S., for any property that has been authorized for acquisition pursuant to Section 570.71, F.S.

(2) The Department and a cooperating entity must execute an acquisition agreement prior to the cooperating entity obtaining title to, or any other legal interest in, the property to be acquired.

(3) An acquisition agreement may provide for the sharing of appraisals, offers, and other negotiation matters between the Department and the cooperating entity; provided, however the agreement shall require the cooperating entity to follow Department procedures and this chapter when acquiring appraisals and to deliver to the Department all negotiation files after negotiations with the owner have terminated. As a condition of the sharing of confidential information, the cooperating entity must agree to maintain, on its behalf and on behalf of its employees and agents, the confidentiality of appraisals, as required by Section 570.715(5), F.S., and this chapter, and the cooperating entity must obtain the consent of the Department prior to disclosing the information to any other person.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History‒New 11-3-08, Amended 6-12-23, 2-27-25.

Fla. Admin. Code R. 5I-7.014 Compliance, Monitoring and Enforcement

(1) All Perpetual Easements acquired pursuant to this rule shall include provisions for assuring compliance, monitoring and enforcement of the terms and conditions of such Perpetual Easements.

(2) The Department shall procure or require any landowner to provide any reports, maps, studies, or documents the Department deems necessary to document the existence and location of property boundaries, structures, environmental issues, conservation values, and natural features on the property in conjunction with and prior to closing for the purpose of developing a Baseline Documentation Report.

(3) All Perpetual Easements shall require the landowner to enroll in, implement, and adhere to all applicable Florida Department of Agriculture and Consumer Services Best Management Practices (BMPs). The landowner shall agree to enroll in applicable BMPs, such as those adopted in rule titles 5I, 5L, and 5M, F.A.C., if included in the terms of an option agreement.

(4) The Department shall determine the frequency of easement monitoring. All Perpetual Easements shall be monitored utilizing Form FDACS-11208, Rural & Family Lands Protection Program Easement Monitoring Form, Rev. 05/24, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-17490 or by sending a request to: the Florida Department of Agriculture and Consumer Services, Rural and Family Lands Protection Program, 315 South Calhoun Street, Suite 500, Tallahassee, FL 32301-1843.

(5) The monitor shall be a Department employee, other public agency selected by the Department, or an independent contractor hired by the Department.

(6) The Department shall review all monitoring reports for compliance with monitoring specifications and consistency with the terms and conditions of the Perpetual Easement.

History

• Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS. History–New 11-3-08, Amended 4-14-15, 6-12-23, 2-27-25, 12-10-25.

Chapter 5I-8 FLORIDA FORESTRY WILDLIFE BEST MANAGEMENT PRACTICES FOR STATE IMPERILED SPECIES

Fla. Admin. Code R. 5I-8.001 Approved Florida Forestry Wildlife Best Management Practices

The document titled Florida Forestry Wildlife Best Management Practices for State Imperiled Species, FDACS-01869, Rev. 8/4/14, is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943 or Fax (850)681-5801 or by visiting: http://www.flrules.org/Gateway/reference.asp?No=Ref-04603.

History

• Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New 10-21-14.

Fla. Admin. Code R. 5I-8.002 Presumption of Compliance

To obtain the presumption of compliance authorized in paragraph 68A-27.007(2)(d), F.A.C., regarding incidental take of state imperiled species, the Applicant, defined for purposes of this Rule Chapter and its incorporated materials as the property owner, lessee, authorized agent, silvicultural contractor, or other individual or entity with authority to enroll the property, must:

(1) Submit a completed Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 08/14, which is incorporated in Rule 5I-8.003, F.A.C.

(2) Implement the voluntary Florida Forestry Wildlife Best Management Practices as listed in the Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices FDACS-11319, Rev. 08/14, which is incorporated in Rule 5I-8.003, F.A.C.

(3) Maintain documentation to verify the implementation of Florida Forestry Wildlife Best Management Practices for State Imperiled Species, FDACS-01869, Rev. 8/4/14, as identified in the Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 08/14.

History

• Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New 10-21-14.

Fla. Admin. Code R. 5I-8.003 Notice of Intent to Implement

(1) The form entitled Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 08/14, shall be submitted to the Florida Forest Service, Attn: Florida Forestry Wildlife BMP Program, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943 or Fax (850)681-5801 or email at FFSsupport@freshfromflorida.com and to the Florida Fish and Wildlife Conservation Commission, Attn: Wildlife BMP Program, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)488-3831. The Applicant shall identify the state imperiled species and the Florida Forestry Wildlife Best Management Practices the Applicant intends to implement. This notice is a one-time notification for each property or parcel and is not required for each and every individual activity undertaken by the Applicant.

(2) The Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 08/14, is hereby adopted and incorporated by reference and can be obtained from the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943 or Fax (850)681-5801 or accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-04602.

History

• Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New 10-21-14.

Fla. Admin. Code R. 5I-8.004 Record Keeping

Where Florida Forestry Wildlife Best Management Practices (WBMPs) implementation is not physically observable in the field. Applicants must keep records to document implementation and maintenance of the Florida Forestry WBMPs identified in the Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 08/14, as incorporated in Rule 5I-8.003, F.A.C., that the Applicant submitted to the Florida Forest Service and Florida Fish and Wildlife Conservation Commission. All field activities and documentation related to Florida Forestry WBMP implementation is subject to Florida Department of Agriculture and Consumer Services, Florida Forest Service and Florida Fish and Wildlife Conservation Commission inspection, upon demand.

History

• Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New 10-21-14.

Division 5O Office of Energy

Chapter 5O-1 RENEWABLE ENERGY TECHNOLOGIES AND ENERGY EFFICIENCY

Fla. Admin. Code R. 5O-1.001 General

History

• Rulemaking Authority 377.804(3), 377.806(7), 220.192(3) FS. Law Implemented 377.801, 377.802, 377.803, 377.804, 377.806, 220.192 FS. History–New 10-22-07, Formerly 62-16.100, 27N-1.100, Repealed 10-18-12.

Fla. Admin. Code R. 5O-1.002 Definitions

History

• Rulemaking Authority 377.804(3) FS. Law Implemented 377.804 FS. History–New 10-22-07, Formerly 62-16.200, 27N-1.200, Amended 8-24-14, 6-16-16, Repealed 7-28-24.

Fla. Admin. Code R. 5O-1.003 Renewable Energy and Energy Efficient Technologies Grants Program

History

• Rulemaking Authority 377.804(3) FS. Law Implemented 377.804 FS. History–New 10-22-07, Formerly 62-16.300, 27N-1.300, Amended 8-24-14, 6-16-16, Repealed 7-28-24.

Fla. Admin. Code R. 5O-1.004 Solar Energy Systems Incentives Program

History

• Rulemaking Authority 377.806(7) FS. Law Implemented 377.801, 377.802, 377.803, 377.806 FS. History–New 10-22-07, Formerly 62-16.500, 27N-1.500, Repealed 10-20-14.

Fla. Admin. Code R. 5O-1.005 Renewable Energy Technologies Investment Tax Credit

History

• Rulemaking Authority 220.192(3) FS. Law Implemented 220.192 FS. History–New 10-22-07, Formerly 62-16.600, 27N-1.600, Repealed 10-18-12.

Fla. Admin. Code R. 5O-1.006 Forms

History

• Rulemaking Authority 220.192(3), 377.804(3), 377.806(7) FS. Law Implemented 377.804, 377.806, 220.192 FS. History–New 10-22-07, Formerly 62-16.900, 27N-1.900, Repealed 10-18-12.

Fla. Admin. Code R. 5O-1.007 Florida ENERGY STAR Appliance Rebate Program

History

• Rulemaking Authority 377.807 FS. Law Implemented 377.807 FS. History–New 3-11-10, Formerly 27N-3.001, Repealed 10-18-12.

Chapter 5O-2 Renewable Energy Technology and Production Tax Incentive Programs

Fla. Admin. Code R. 5O-2.001 Florida Renewable Energy Technologies Sales Tax Refund

History

• Rulemaking Authority 212.08(7)(hhh)4.f. FS. Law Implemented 212.08(7)(hhh) FS. History–New 5-2-13, Amended 4-1-15, Repealed 7-28-24.

Fla. Admin. Code R. 5O-2.002 Florida Renewable Energy Technologies Investment Tax Credit

History

• Rulemaking Authority 220.192(7) FS. Law Implemented 220.192 FS. History–New 5-2-13, Amended 4-1-15, Repealed 7-28-24.

Fla. Admin. Code R. 5O-2.003 Florida Renewable Energy Production Credit

History

• Rulemaking Authority 220.193(6) FS. Law Implemented 220.193 FS. History–New 5-2-13, Amended 4-1-15, Repealed 7-28-24.

Chapter 5O-4 Natural Gas Fuel Fleet Vehicle Rebate

Fla. Admin. Code R. 5O-4.001 Natural Gas Fuel Fleet Vehicle Rebate Program

(1) Natural Gas Fuel Fleet Vehicle Rebate Program. Pursuant to Section 377.810, F.S., this rule applies to any applicant seeking a rebate under the Natural Gas Fuel Fleet Vehicle Rebate Program for the cost of conversion or the incremental cost incurred by an applicant in connection with the conversion, purchase, or lease for a minimum term of 5 years, of a natural gas fleet vehicle. An applicant may receive a maximum rebate of $25,000 per purchased, leased, or converted vehicle, not to exceed 50 percent of eligible costs for a maximum total of $250,000 per fiscal year on a first come, first served basis. Only owners or lessees of fleet vehicles placed into service on or after July, 1, 2013 shall be eligible for a rebate.

(2) Definitions. For the purpose of this rule, the term:

(a) “Placed into service” is the date a vehicle is purchased, leased, or converted.

(b) “Natural gas fuel” means any liquefied petroleum gas product, compressed natural gas product, or combination thereof used in a motor vehicle as defined in Section 206.01(23), F.S. This term includes, but is not limited to, all forms of fuel commonly or commercially known or sold as natural gasoline, butane gas, propane gas, or any other form of liquefied petroleum gas, compressed natural gas, or liquefied natural gas. This term does not include natural gas or liquefied petroleum placed in a separate tank of a motor vehicle for cooking, heating, water heating, or electric generation.

(c) “Initial funding” is funding available to applicants that have not received the program maximum of $250,000 within the fiscal year for which the applicant is seeking a rebate.

(d) “Supplemental funding” is funding available to applicants that have received the program maximum of $250,000 within the fiscal year for which the applicant is seeking a rebate and is applying for additional rebate(s) within the same fiscal year.

(e) “Conversion” is a diesel or gasoline powered motor vehicle that was retrofitted to a natural gas fuel powered motor vehicle after the vehicle was purchased.

(f) “Purchase” is the acquisition of a natural gas fuel powered motor vehicle, new or used, through the owner’s existing funds or credit. This includes a diesel or gasoline powered motor vehicle that was retrofitted to a natural gas fuel powered motor vehicle as part of the purchase price.

(g) “Lease” is a contractual agreement requiring payment for the use of a natural gas fuel powered motor vehicle not owned by the applicant for a minimum period of five years.

(h) “Certified mail” is the service provided by the United States Postal Service whereby the sender is provided with a mailing receipt and delivery record.

(i) “Hand delivery” is any submission of an application or applications to the Department from a representative of an applicant, courier, or a private delivery service.

(3) Application Submission Process. An applicant seeking a rebate under the Natural Gas Fuel Fleet Vehicle Rebate Program must apply to the Department of Agriculture and Consumer Services, Office of Energy (Department) as follows:

(a) Applicants shall complete and submit a Natural Gas Fuel Fleet Vehicle Rebate Program Application, FDACS-01976, Rev. 03/17, for each vehicle purchase, lease, or conversion.

(b) Applications shall be submitted by certified mail or hand delivery to the Natural Gas Fuel Fleet Vehicle Rebate Program, 600 South Calhoun Street, Suite B04, Tallahassee, Florida 32399-0001.

(c) If there is a physical first-come, first-served line, applications delivered by couriers and private delivery services will be signed for by the Department and then given a place in line at the time that they are received.

(4) Initial Funding Application Cycle.

(a) Initial funding applications will be accepted according to the following schedule:

1. During Fiscal Year 2016-17 (July 1, 2016 to June 30, 2017) applications will be accepted beginning at 9:00 a.m. (Eastern Standard Time) on July 1, 2016. Applications must be received by the Department no later than 5:00 p.m. (Eastern Standard Time) on June 30, 2017. Applications received after the due date of June 30, 2017, will be determined ineligible and returned without review; and,

2. During Fiscal Year 2017-18 (July 1, 2017 to June 30, 2018) applications will be accepted beginning at 9:00 a.m. (Eastern Standard Time) on July 3, 2017. Applications must be received by the Department no later than 5:00 p.m. (Eastern Standard Time) on July 2, 2018. Applications received after the due date of July 2, 2018, will be determined ineligible and returned without review.

(5) Supplemental Funding Application Cycle.

(a) Supplemental funding applications will be accepted according to the following schedule:

1. During Fiscal Year 2016-17 (July 1, 2016 to June 30, 2017) applications will be accepted beginning at 9:00 a.m. (Eastern Standard Time) on June 1, 2016, and must be received by the Department no later than 5:00 p.m. (Eastern Standard Time) on June 30, 2017. Applications received after the due date of June 30, 2017, will be determined ineligible and returned without review; and,

2. During Fiscal Year 2017-18 (July 1, 2017 to July 2, 2018) applications will be accepted beginning at 9:00 a.m. (Eastern Standard Time) on June 1, 2017, and must be received by the Department no later than 5:00 p.m. (Eastern Standard Time) on July 2, 2018. Applications received after the due date of July 2, 2018, will be determined ineligible and returned without review.

(6) Applications and Supporting Documentation. Applications must include the information required by the Natural Gas Fuel Fleet Vehicle Rebate Program Application, FDACS-01976, Rev. 03/17.

(a) Applicants must select the type of funding, either initial funding or supplemental funding, for each vehicle for which the applicant is seeking a rebate. Applications that do not indicate the type of funding will be determined incomplete.

(b) All fields and sections on the application must be complete. If for any reason the information required is not applicable, the applicant must note in the specified field either “not applicable” or “n/a.” Applications that are not fully completed or do not include the required information, including black fields, will be determined incomplete.

(c) Applicants must complete the affidavit section required by the Natural Gas Fuel Fleet Vehicle Rebate Program Application, FDACS-01976, Rev. 03/17, including an ink stamp or embossing seal of the Notary Public notarizing the application.

(d) Applications must include the following supporting documentation:

1. A legible photocopy of the purchased, leased, or converted vehicle’s valid and current (as of the date the application is received by the Department) registration. Applications for vehicles proportionally registered in Florida must also provide a letter signed by an authorized corporate officer that includes an affirmation that a majority of the vehicle’s operation will take place in Florida, as well as the location(s) of the facilities where the vehicles are primarily headquartered, fueled and maintained.

2. For converted vehicles, a clear and legible photograph of the Vehicle Identification Number (VIN) from the vehicle.

3. For converted vehicles, a clear photograph of the converted vehicle.

4. For converted vehicles, a clear photograph of the natural gas fuel tank installed on the vehicle.

5. A copy of the United States Environmental Protection Agency Certificate of Conformity with the Clean Air Act of 1990 that corresponds with the vehicle’s engine or installed conversion kit, or documentation that the installed conversion system is an Environmental Protection Agency Certified Alternative Fuel Conversion System, Intermediate Age Clean Alternative Fuel Conversion System, or Outside Useful Life Clean Alternative Fuel Conversion System.

6. For a vehicle purchase or lease, documentation of the cost of the equivalent diesel or gasoline vehicle, or an itemized invoice documenting the cost for the natural gas components.

7. In the case of a conversion of a metered taxi, a copy of a valid and current weights and measures permit pursuant to Section 531.60, F.S.

(e) Applications must document investment in a natural gas fuel fleet by including both an invoice and corresponding proof of payment for all vehicle purchases, leases, or conversions for which the applicant is seeking a Natural Gas Fuel Fleet Vehicle Rebate. An explanation shall be included if the amount provided on the invoice and corresponding proof of payment do not match.

1. Proofs of payment shall redact instances of bank account and credit card numbers (except the last 4 digits) and all financial information not pertaining to the purchase, lease or conversion of the vehicle represented on the application.

2. Acceptable forms of proof of payment include:

a. A canceled check with proof of deposit;

b. A copy of an electronic funds transfer from a financial institution including the purchase amount and to whom the payment is being made;

c. A bank statement or a screenshot of an online bank statement reflecting the transaction (with unrelated information redacted) showing the purchase amount and to whom the payment is being made;

d. A signed and executed lease contract;

e. A credit card statement reflecting the transaction showing the cardholder’s name, address, the purchase amount, and to whom the payment is being made, or

f. A signed and executed promissory note or signed and executed auto loan.

3. The proof of payment must contain at least:

a. A payment amount of at least the price of the purchased or leased vehicle or vehicle conversion; and,

b. The name of the seller from which the vehicle was purchased or leased, or the company that completed the vehicle conversion; and,

4. The invoice must contain at least:

a. The name and address of the seller from whom the vehicle was purchased or leased, or the company that completed the vehicle conversion;

b. The price of the vehicle purchase, lease, or conversion;

c. The Vehicle Identification Number of the purchased, leased or converted vehicle represented on the application; and,

d. A clear indication on the invoice that the vehicles represented on the invoice are natural gas fuel powered motor vehicles.

(f) The Vehicle Identification Number listed on any of the supporting documentation, invoice, proof of payment explanation, or photograph shall match the Vehicle Identification Number provided on the application.

(g) Copies of documentation in place of originals will be accepted; however, if the Department determines the application or supporting documentation is illegible, the application will be determined incomplete.

(h) The applicant shall complete a sworn statement for each vehicle which the applicant is seeking a rebate affirming the following:

1. The vehicle is in compliance with applicable Unites States Environmental Protection Agency emission standards;

2. The information contained in the application and supporting documentation is true and correct;

3. The vehicle purchase/lease or conversion has not previously received a Natural Gas Fuel Fleet Vehicle Rebate;

4. The vehicle is part of vehicle fleet with three or more motor vehicles registered in this state and used for commercial business or governmental purposes; and,

5. The requirements of Section 377.810, F.S., and Rule 5O-4.001, F.A.C. have been met.

(i) Economic Impact Data. Applicants must complete the Economic Impact Data section required by the Natural Gas Fuel Fleet Rebate Program Application, FDACS-01976, Rev. 03/17. If requested by the Department at a later date, additional economic data consisting of actual gasoline/diesel and money saved shall be provided by the applicant.

(7) Application Review and Approval Process. The Department will review applications as follows:

(a) The Department will evaluate the application to verify that the applicant has met the qualifying statutory and rule criteria. If the Department determines that the applicant is eligible for rebate, the Department will retain the original application and issue a written notification that the application is complete. The Department shall issue each rebate after it is determined that all required information has been provided to make that application complete and after that application has been reviewed and approved, provided funds are available to do so.

(b) If the Department determines that the application is incomplete or ineligible, the Department will issue a written notification to the applicant that the application was determined to be incomplete or ineligible and will include a description of the application’s deficiencies. If the Department determines that an application is incomplete, the applicant will be allowed to submit a corrected application. The corrected application will be treated as a new application and reviewed in the order that it is received.

(c) Initial funding applications will be reviewed on a first-come, first-served basis, based upon the date and time applications are received by the Department.

(d) In each fiscal year, after all initial funding applications have been reviewed; if funding is available, supplemental funding applications will be reviewed as follows:

1. Government supplemental funding applications shall be reviewed on a first-come, first-served basis, based upon the date and time applications are received by the Department.

2. If funding is available after all government supplemental funding applications are reviewed, commercial supplemental funding applications shall be reviewed on a first-come, first-served basis, until all appropriated funds for the fiscal year are expended.

(e) The Department is responsible for ensuring that the total amount of rebates issued does not exceed the limits specified in Section 377.810, F.S. Once an application is determined eligible for a rebate, the approved amount will be applied to the fiscal year in which the application is received by the Department.

(f) The Department will not return original versions of reviewed applications, supporting documentation, invoices, or proof of payments.

(g) Applications received after funding has been exhausted will be returned without review to the applicant with a notice that funding has been exhausted for that program year.

(8) Onsite Inspection. Upon request of the Department, the applicant shall make the vehicles for which the applicant has applied for a rebate available for onsite inspection by the department to verify the VIN number, the conversion kit ID number, and other information contained in the Natural Gas Fuel Fleet Vehicle Rebate Program Application, Form FDACS-01976, Rev. 03/17, submitted by the applicant.

(9) Registered Vendors. In order to receive a rebate, approved applicants must complete a Substitute W-9 and be a registered vendor with MyFloridaMarketPlace.

(10) Materials Incorporated by Reference. The Natural Gas Fuel Fleet Vehicle Rebate Program Application, Form FDACS-01976, Rev. 03/17, is hereby adopted and incorporated by reference. The form may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Office of Energy, at 600 South Calhoun Street, Suite B04, Tallahassee, Florida 32399-0001, or emailing Energy@FreshFromFlorida.com, and is available online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-08156.

History

• Rulemaking Authority 377.810(5) FS. Law Implemented 377.810 FS. History‒New 1-7-14, Amended 7-16-14, 5-22-17.

Chapter 5O-5 Renewable Energy

Fla. Admin. Code R. 5O-5.001 Definitions

For the purposes of this rule chapter, the definitions in Section 377.602, F.S., and the following shall apply:

(1) “Department” means the Florida Department of Agriculture and Consumer Services

(2) “Electric Utility” shall have the same meaning as defined in Rule 25-22.070, F.A.C., effective 11/10/1997, hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-14594. The incorporated material is also available from the Department at 407 South Calhoun Street, Tallahassee, FL 32399.

(3) “Renewable Energy” shall have the same meaning as defined in Section 366.91, F.S.

History

• Rulemaking Authority 377.603(3), 570.07(23) FS. Law Implemented 377.603, 377.703 FS. History–New 8-9-22.

Fla. Admin. Code R. 5O-5.002 Statewide Renewable Energy Goals

History

• Rulemaking Authority 377.703(2)(g), 570.07(23) FS. Law Implemented 377.703(2)(h)1. FS. History–New 8-9-22, Repealed 7-28-24.

Fla. Admin. Code R. 5O-5.003 Renewable Energy Data Reporting

(1) Pursuant to Sections 377.603 and 377.604, F.S., no later than the first Wednesday of May each year, each Electric Utility subject to the filing requirements of subsection 25-22.071(1), F.A.C. shall submit to the Department its 10-year site plan, prepared pursuant to Section 186.801, F.S., and submitted to the Public Service Commission. The plan shall be submitted to the Department via email to Energy@FDACS.gov. Rule 25-22.071, F.A.C., effective 11/10/1997, is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-14595. The incorporated material is also available from the Department at 407 South Calhoun Street, Tallahassee, FL 32399.

(2) The information submitted to the Department is subject to the limitations of Section 377.606, F.S.

(3) Willful failure to submit the 10-year site plan to the Department is a violation of Section 377.607, F.S.

History

• Rulemaking Authority 377.603(3), 570.07(23) FS. Law Implemented 377.603, 377.604, 377.607 FS. History–New 8-9-22.

Fla. Admin. Code R. 5O-5.004 Department Actions

(1) The Department shall submit comments, in accordance with paragraph 25-22.071(3)(c), F.A.C., on each Ten-Year Site Plan submitted by an Electric Utility to the Public Service Commission including an evaluation the capability of the Ten-Year Site Plan to achieve the goals adopted in this rule chapter.

(2) The Department shall monitor each Electric Utility’s progress toward the goals adopted in this rule chapter and shall include its findings and recommendations as an addendum to its annual report to the Governor and Legislature required by Section 377.703, F.S.

History

• Rulemaking Authority 377.603(3), 570.07(23) FS. Law Implemented 377.603, 377.703 FS. History–New 8-9-22.