Compliance

Florida Administration Code & Florida Administrative Register

Development
5E-14.151

Notice of Development of Rulemaking

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services

RULE NO.: RULE TITLE:

5E-14.151 Removal and Relocation of Live Bees from Structures

PURPOSE AND EFFECT: The purpose of this rulemaking is to exempt live bee removal from the performance of pest control. The effect of this rulemaking will provide beekeepers authority to perform live bee removals in, on, or under structures without the need for licensure.
SUBJECT AREA TO BE ADDRESSED: Removal and relocation of bees.
RULEMAKING AUTHORITY: 482.051, 570.07(23), 586.10 FS.
LAW IMPLEMENTED: 570.02(1), 482.021(21) and (22), 586.10 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 17, 2013, 10:00 a.m. – 1:00 p.m.
PLACE: Doyle Conner Building, 1911 S.W. 34th Street, Rm: Auditorium, Gainesville, FL 32608; (352)395-4700.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michael J. Page, Chief of Bureau of Entomology and Pest Control, 3125 Conner Boulevard, Ste N, MS C-41, Tallahassee, Florida, 32399-1650, (850)617-7988; [email protected].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5E-14.151 Removal and Relocation of Live Bees from Structures.
(1) The removal and relocation of bees by a beekeeper registered pursuant to Section586.045, F.S., from a structure, lawn, or ornamental for the principal purpose of facilitating the production of honey 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 principal purpose of facilitating the production of honey 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 principal purpose of controlling or eliminating bees as a pest or the removal is conducted by a person not a beekeeper registered pursuant to Section 586.045, F.S.
(4) The use of any chemical other than those described above in (2) to control or eliminate bees in, on, or under a structure, lawn, or ornamental shall be considered pest control.
(5) The removal and relocation of bees from a structure must be reported, within 72 hours of the removal to the Bureau of Entomology and Pest Control, 3125 Conner Blvd, Suite N, Tallahassee, FL 32399-1650 using the form entitled Live Bee Removal Record, FDACS-13690, (Rev. 12/12), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.
Rulemaking Authority 482.051, 570.07(23), 586.10 FS. Law Implemented 570.02(1), 482.021(21), (22), 586.10 FS. History–New_________.

Proposed
5E-14.151

Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services
RULE NO.: RULE TITLE:
5E-14.151 Removal and Relocation of Live Bees from Structures
PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify that bee removal or relocation from a structure, lawn, or ornamental for the production of honey or related products or the pollination of crops by registered beekeepers is not pest control as defined in Chapter 482, Florida Statutes. The effect of this rulemaking will be to clarify that beekeepers may perform bee removals from in, on, or under structures without the need for licensure.
SUMMARY: The proposed rule clarifies that bee relocation and removal is not pest control under Chapter 482, F.S., when it is performed by a beekeeper, registered pursuant to Section 586.045, F.S., for purposes of honey production and related products or pollination of plants or crops through the use of foam or soapy water, pheromone lures, attractants, repellants and glue boards. Bee removal for the purpose of eliminating bees, by a person not registered as a beekeeper, or removal involving the use of any pesticide or economic poison, other than those specifically allowed in the rule, shall be considered pest control.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact of potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon its experience with adoption of rules of this nature. Additionally, no interested party submitted information regarding the economic impact.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 482.051, 570.07 (23) FS.
LAW IMPLEMENTED: 570.02 (1), 482.021 (21), (22), 586.045 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: TBA
PLACE: Tallahassee, Florida and announced in the FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael J. Page, Chief of Bureau of Entomology and Pest Control, 3125 Conner Boulevard, Ste N, MS C-41, Tallahassee, Florida, 32399-1650; (850)617-7988; [email protected].

THE FULL TEXT OF THE PROPOSED RULE IS:
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.
Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 570.02(1), 482.021(21), (22), 586.045 FS. History–New .

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson H, Rackley, Director of Agricultural Environmental Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Adam H. Putnam, Commissioner of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 7, 2013

Correction
5E-14.151

Notice of Change/Withdrawal

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services
RULE NO.: RULE TITLE:
5E-14.151 Removal and Relocation of Live Bees from Structures
NOTICE OF CORRECTION
Notice is hereby given that the following correction has been made to the proposed rule in Vol. 39, No. 104, May 29, 2013 issue of the Florida Administrative Register.

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-14.151 Removal and relocation of bees from structures, lawns, or ornamentals.
(1) through (4) No change.
Rulemaking Authority No change.
NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Anderson H, Rackley, Director of Agricultural Environmental Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Adam H. Putnam, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 21, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 20132012

Final
5E-14.151

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.
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.