26349194, 5BER22-4 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26349194

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Plant Industry

Overview

RULE:

5BER22-4

Exposed Citrus Nursery Stock

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Section 581.1843(2), Florida Statutes, requires all citrus nursery stock to be produced in a protective structure approved by the Department.  Rule Chapter 5B-62, Florida Administrative Code, adopts the Departments standards for those structures.  Hurricane Ian has created emergency conditions jeopardizing the movement of citrus nursery stock in structures that have been compromised and impacted the industry’s ability to move nursery stock.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The provisions of this rule are narrowly tailored to assist in the movement of exposed citrus nursery stock during the emergency conditions created by Hurricane Ian. Due to the emergency conditions, citrus nurseries may be forced to destroy valuable nursery stock that are needed by the industry to help replace trees damaged by the hurricane without the allowances provided by this emergency rule.  The Department will immediately begin formal rulemaking to adopt the provisions of the emergency rule.

SUMMARY:

This emergency rule allows for exposed citrus nursery stock to be moved into structures away from clean material and be sold to growers.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Ben Rosson, Chief, Bureau of Citrus Budwood Registration, 22004 N. State Road 121, LaCrosse, FL 32658, (386) 853-6446.

PRINT PUBLISH DATE:

9/29/2022 Vol. 48/190

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=5BER22-4&PDate=9/29/2022&Section=4

REFERENCE MATERIALS:

No reference(s).

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