Florida Regulations 5B-54.019: Procedures for Abandoned Apiaries
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Any apiary found without proper identification as referenced in Fl. Admin. Code R. 5B-54.013, 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.
Rulemaking Authority Florida Statutes § 586.10(2). 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.
Terms Used In Florida Regulations 5B-54.019
- Contract: A legal written agreement that becomes binding when signed.
(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.
Rulemaking Authority Florida Statutes § 586.10(2). 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.