Notice of Development of Rulemaking

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Plant Industry
RULE NO: RULE TITLE
5B-57.012: Casuarina Cunninghamiana Windbreaks
PURPOSE AND EFFECT: The purpose of this rule is to establish procedures for propagating male Casuarina cunninghamiana trees in nurseries to be used as windbreaks around commercial citrus groves, and permitting procedures that grove owners or operators must follow to plant and maintain Casuarina cunninghamiana windbreaks in designated areas of Indian River, Martin and St. Lucie Counties. The effect will be to provide fast growing trees to serve as windbreaks to protect citrus groves in those counties from the spread of citrus canker disease while ensuring that the Casuarina cunninghamiana trees will not spread into and disrupt the environment.
SUBJECT AREA TO BE ADDRESSED: This rule requires nurseries to obtain a permit from the department in order to propagate Casuarina cunninghamiana trees. It requires the trees to be vegetatively propagated from registered source trees that have been certified as male trees by the department. It also requires citrus growers in the three counties to obtain a permit from the department in order to plant Casuarina cunninghamiana windbreaks. It establishes requirements for maintenance of the windbreak plantings, and destruction of the windbreaks if they are no longer properly maintained, the grove is no longer operating, or hybridization is found to occur. It also establishes fees for the permits.
SPECIFIC AUTHORITY: 570.07(23), 570.32(5), (6), 581.031(1), (3), (8), 581.091(5) FS.
LAW IMPLEMENTED: 570.07(2), (13), 581.031(1), (17), 581.091 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.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Richard Gaskalla, Director, (352)372-3505. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Richard Gaskalla, Director, Department of Agriculture and Consumer Services, Division of Plant Industry, Room A116, 1911 S.W. 34th Street, Gainesville, Florida 32608, (352)372-3505

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.