HB 1339

1	A bill to be entitled
2	An act relating to honeybees; amending s. 586.10, F.S.;
3	revising the powers and duties of the Department of
4	Agriculture and Consumer Services for purposes of the
5	Florida Honey Certification and Honeybee Law; specifying
6	that the department has exclusive authority over
7	regulations, inquiries, and complaints relating to
8	beekeeping, apiaries, and apiary locations; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 586.10, Florida Statutes, is amended to
14	read:
15	586.10  Powers and duties of department.-
16	(1)  The department has shall have the powers and duties
17	to:
18	(a)(1)  Administer and enforce the provisions of this
19	chapter.
20	(b)(2)  Adopt Promulgate rules necessary to the enforcement
21	of this chapter.
22	(c)(3)  Adopt Promulgate rules relating to standard grades
23	for honey and other honeybee products.
24	(d)(4)  Enter upon any public or private premise or carrier
25	during regular business hours for the purpose of inspection,
26	quarantine, destruction, or treatment of honeybees, used
27	beekeeping equipment, unwanted races of honeybees, or regulated
28	articles.
29	(e)(5)  Declare a honeybee pest or unwanted race of
30	honeybees to be a nuisance to the beekeeping industry as well as
31	any honeybee or other article infested or infected therewith or
32	that has been exposed to infestation or infection in a manner
33	believed likely to communicate the infection or infestation.
34	(f)(6)  Declare a quarantine against any area, place, or
35	political unit within this state or other states, territories,
36	or foreign countries, or portion thereof, in reference to
37	honeybee pests or unwanted races of honeybees and prohibit the
38	movement within this state from other states, territories, or
39	foreign countries of all honeybees, honeybee products, used
40	beekeeping equipment, or other articles from such quarantined
41	places or areas which are likely to carry honeybee pests or
42	unwanted races of honeybees if the quarantine is determined,
43	after due investigation, to be necessary in order to protect
44	this state's beekeeping industry, honeybees, and the public. In
45	such cases, the quarantine may be made absolute or rules may be
46	adopted prescribing the method and manner under which the
47	prohibited articles may be moved into or within, sold in, or
48	otherwise disposed of in this state.
49	(g)(7)  Enter into cooperative arrangements with any
50	person, municipality, county, or other department of this state
51	or any agency, officer, or authority of other states or the
52	United States Government, including the United States Department
53	of Agriculture, for inspection of honeybees, honeybee pests, or
54	unwanted races of honeybees and products thereof and the control
55	or eradication of honeybee pests and unwanted races of
56	honeybees, and contribute a share of the expenses incurred under
57	such arrangements.
58	(h)(8)  Carry on investigations of methods of control,
59	eradication, and prevention of dissemination of honeybee pests
60	or unwanted races of honeybees.
61	(i)(9)  Inspect or cause to be inspected all apiaries in
62	the state at such intervals as it may deem best and to keep a
63	complete, accurate, and current list of all inspected apiaries
64	to include the:
65	1.(a)  Name of the apiary.
66	2.(b)  Name of the owner of the apiary.
67	3.(c)  Mailing address of the apiary owner.
68	4.(d)  Location of the apiary.
69	5.(e)  Number of hives in the apiary.
70	6.(f)  Pest problems associated with the apiary.
71	7.(g)  Brands used by beekeepers where applicable.
72	(j)(10)  Collect or accept from other agencies or
73	individuals specimens of arthropods, nematodes, fungi, bacteria,
74	or other organisms for identification.
75	(k)(11)  Confiscate, destroy, or make use of abandoned
76	beehives or beekeeping equipment.
77	(l)(12)  Require the identification of ownership of
78	apiaries.
79	(m)(13)  Enter into a compliance agreement with any person
80	engaged in purchasing, assembling, exchanging, processing,
81	utilizing, treating, or moving beekeeping equipment or
82	honeybees.
83	(n)(14)  Make and issue to beekeepers certificates of
84	registration and inspection, following proper inspection and
85	certification of their honeybee colonies.
86	(2)(15)  If the department determines that a beekeeper or
87	honeybee product processor is selling or offering for sale or is
88	distributing or offering to distribute honeybees, honeybee
89	products, or beekeeping equipment in violation of this chapter
90	or rules adopted under this chapter, or has aided or abetted in
91	the violation, the department may revoke or suspend her or his
92	certificate of inspection or the use of any certificate or
93	permit issued by the department.
94	(3)(16)  The department may refuse the certification of any
95	honeybees, honeybee products, or beekeeping equipment when it is
96	determined that an unwanted race of honeybees exists, or
97	honeybee pests exist on honeybees, honeybee products, or
98	beekeeping equipment, or that the condition of the apiary
99	inhibits a thorough and efficient inspection by the department.
100	(4)(17)  The department is authorized to conduct,
101	supervise, or cause the fumigation, destruction, or treatment of
102	honeybees, including unwanted races of honeybees, honeybee
103	products, and used beekeeping equipment or other articles
104	infested or infected by honeybee pests or unwanted races of
105	honeybees or so exposed to infection or infestation that it is
106	reasonably believed that infection or infestation could exist.
107	(5)(18)  The department may require the removal from this
108	state of any honeybees or beekeeping equipment which has been
109	brought into the state in violation of this chapter or the rules
110	adopted under this chapter.
111	(6)  The department has the exclusive authority to regulate
112	beekeeping, apiaries, and apiary locations and to dispense with
113	any inquiry or complaint relating to beekeeping, apiaries, or
114	apiary locations.
115	Section 2.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.