Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 18, May 8, 2009 issue of the Florida Administrative Weekly.

5B-57.012 Casuarina Cunninghamiana Windbreaks.

(1) No change.

(2)(a) through (d) No change.

(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 (DACS 08455, Rev. 02/09). The form titled Special Permit For Propagation Of Casuarina Cunninghamiana (DACS-08455, Rev. 02/09) is hereby adopted and incorporated herein by reference. The form may be obtained from the Florida Department of Agriculture and Consumer Services; Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100.

(f) through (h) No change.

(3) No change.

(4)(a) through (f) No change.

(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 (DACS 08454, Rev. 02/09) 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 (DACS-08454, Rev. 02/09) is hereby adopted and incorporated herein by reference. The form may be obtained from the Florida Department of Agriculture and Consumer Services; Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100.

(h) through (i) No change.

(5) through (6) No change.

(7)(a) No change.

(b) Within 60 days, ~~a time specified by the Department~~ if the Department determines that female flowers or cones have been produced on any Casuarina cunninghamiana plant within a windbreak.

(d) In cases governed by subparagraphs 5B-57.012(7)(c)1.-3., above, the Department shall ~~may~~ issue an immediate final order, which shall be immediately appealable or enjoinable as provided by Chapter 120, Florida Statutes, 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 ~~specified~~ 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 ~~may~~ 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 ~~may~~ remove and destroy the Casuarina cunninghamiana that are the subject of the special permit.

(h) No change.

(i) If the party to which the immediate final order has been issued fails to reimburse the state within 60 days, the Department shall ~~may~~ record a lien on the property. The lien shall be enforced by the Department.

(8) through (10) No change.

Rulemaking Authority 570.07(23), 581.031(1), (3), (8), 581.091 FS. Law Implemented 570.07(2), (13), 570.32(5), (6), 581.031(1), (17), 581.091 FS. History–New ________.