Notice of Development of Rulemaking
 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.: RULE TITLE:

5B-2.010 Special Inspection and Certification Fees

PURPOSE AND EFFECT: The purpose of this rule amendment is to raise the fees charged for samples taken for nematode certification from $30.00 to $50.00 per sample and fumigation services for loads exceeding 40 cu. ft. from $300.00 to $350.00. There would also be a new fee of $50.00 plus mileage per inspection charged for follow-up quarantine inspections. The effect will enable the Department to recover the cost of providing the special inspection services associated with nematode certification and fumigations. It will also help to recover the costs of performing numerous inspections on regulated articles that were found to be infested with a plant pest and subsequently quarantined.

SUBJECT AREA TO BE ADDRESSED: Special inspections and certification fees are the subject areas addressed.

SPECIFIC AUTHORITY: 570.07(13), (23) FS., 581.031(23) FS.

LAW IMPLEMENTED: 581.031(1), (4), (5), (6), (7) FS., 581.083 FS., 581.101 FS., 581.131 FS., 581.141 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Connie Riherd, Assistant Director, Division of Plant Industry, Department of Agriculture and Consumer Services, P. O. Box 147100, Gainesville, FL 32614-7100

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

5B-2.010 Special Inspection and Certification Fees.

Special inspection and certification services that may be provided by the division, when requested by farmers, growers or other interested parties may include special treatments, special pest identifications, special plant identifications, special investigations, and special regulatory activities not otherwise specifically provided for by Chapter 581, F.S. Governmental agencies requesting special inspections or permits for research purposes shall be exempt from fees. The prescribed fees for these special inspections and certifications shall be as follows:

Type of Certificate	Charge	Form
Inspection and state of origin certificate, Phytosanitary export certificate, Phytosanitary reexport certificate.^2	Mileage^1 and $50 minimum per inspection.	DACS-08014^3, Phytosanitary Export Certificate, Revised 3/05 10/99. DACS-08050^3, Inspection and State of Origin Certificate, Revised 7/99. DACS-08166^3, Attachment For State Phytosanitary Export Certificate, Revised 10/04 6/99.
Other special inspections.^2	Mileage and $50 minimum per inspection.	DACS-08211^3, Blueberry Certificate, Revised 5/05 8/99. DACS-08212^3, Apple Maggot Certificate, Revised 5/05 8/99. DACS-08046^3, Mamey Stamp, Revised 5/99. DACS-08213^3, Caribfly Fumigation Certificate, Revised 10/99 5/05. DACS-08240^3, Cold Treatment-California Caribbean Fruit Fly Quarantine, Revised 5/05 12/99. DACS-08221^3, California Hydrilla Quarantine, Revised 5/05 12/99. DACS-08260^3, Noxious Weed Certification, Revised 9/99.
Follow-Up Quarantine Inspections. No charge first inspection.	Mileage and $50 minimum per inspection.	DACS-08001^3, Nursery Stock Dealer and Special Inspection Report, Revised 7/05.
Phytosanitary export certificate noncommercial (homeowner plants or homeowner plant products), and temporary certificate of inspection. Cut Flower, cut fern.	Mileage and $25 minimum per inspection. $10 per acre per crop. Inspection plus mileage, $25 minimum.	DACS-08214^3, Phytosanitary Export Certificate, Revised 12/03 10/99. DACS-08010^3, Temporary Certificate of Inspection, Revised 3/05 7/99. DACS-08289^3, Certificate for Cut Foliage, Flowers & Aquatic Plants, Revised 6/05 10/99 .
Import inspection for commercial shipments of plants or plant products.	Mileage and $50 per hour per inspection from time of arrival to departure, $50 minimum.	DACS-08001^3, Nursery, Stockdealer & Special Inspection Report, Revised 7/05 12/99.
Growing season field inspection of bulbs, seed, vegetable and tobacco transplants.	$10 per acre per inspection plus mileage, $25 minimum.	DACS-08159^3, Growing Season Inspection Report, Revised 10/04 11/99. DACS-08237^3, Vegetable Inspection Report, Revised 3/05 10/99.
Witnessing budwood or graftwood cutting.	Mileage and $5 per 1000 budeyes cut, $10 minimum, $25 maximum.	DACS-08172^3, Source Tree Bud Cutting Report, Revised 7/03 10/99. DACS-08111^3, Certification to Witness Registered Budwood, Revised 7/03 7/99.
Vegetable transplants, aquatic and annual (bedding) plants (greenhouse, hotbeds, or other growing units).	Mileage and $25 minimum for first 10,000 square feet of growing unit space or less of additional growing space per inspection.	DACS-08237^3, Vegetable Inspection Report, Revised 3/05 10/99. DACS-08289^3, Certificate for Cut Foliage, Flowers & Aquatic Plants, Revised 6/05 8/99. DACS-08290^3, Tomato/Tobacco Plant Certificate, Revised 8/99.
Nematode Certification.	Mileage and $30 $50 per sample.	DACS-08038^3, Citrus Nursery Stock Inspection Tag, Revised 10/03 7/99. DACS-08048^3, Burrowing Nematode Certificate, Revised 9/05 2/00. DACS-08049^3, Nematode Certificate of Inspection for Shipping Nursery Stock to California, Revised 11/03 7/99. DACS-08130^3, Reniform Nematode Certificate, Revised 10/05 2/00. DACS-08254^3, Nematode Certificate of Inspection for Shipping Nursery Stock to California From Stockdealers, Revised 10/04 2/00. DACS-08270^3, Consolidation Declaration For Florida, Revised 11/03 12/99.
Fumigation Services.	$150 per fumigation of loads 40 cu. ft. or less, $350.00 $300.00 per fumigation of loads exceeding 40 cu. ft.	DACS-08207^3, Request for Fumigation, Revised 1/00 1/99. DACS-08099^3, Certificate of Treatment, Revised 6/03 1/00.
Irradiation treatment.	$200 minimum, $500 per hour.
Special Diagnostic fees Entomology.	$55 per sample.	DACS-08074^3, Entomology Specimen Identification, Revised 11/99.
Disease specimens.	$55 per sample.	DACS-08079^3, Plant Pathology Specimen Report, Revised 1/00.
Lettuce mosaic samples.	$90 per sample ($180 if found positive).
Nematology roots and soil.	$25 per sample.	DACS-08077^3, Nematology Specimen Report, Revised 9/99.
Caribbean fruit fly protocol participation.	$3.50 per acre per month.	DACS-08161^3, Application For Participation, Revised 12/99. DACS-08233^3, Caribfly Certification Program-Establishment of McPhail Traps, Revised 12/99.
Grades and standards regarding inspections.	Mileage and $50 per hour per inspector from time of arrival to departure, $50 minimum.	DACS-08228^3 Standards-Regrading Inspection Report, Revised 6/05 10/99.
Permits for importing regulated organisms.	$12.50 per species not to exceed $50 per permit.	DACS-08208^3, Application and Permit to Move Regulated Organisms, Revised 10/05 01/00.

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, and other applicable special inspection certificate written at the same location provided no inspection was made.

³All DACS forms referenced above are supplied by the division and are incorporated herein by reference. Copies of any of these forms may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P. O. Box 147100, Gainesville, Florida 32614-7100.

Specific Authority 570.07(23), 581.031(23) FS. Law Implemented 581.031 FS. History–Repromulgated 12-31-74, Amended 6-15-81, 10-28-85, Formerly 5B-2.01, 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, ________.