Section 5B-65.005 - Movement of Regulated Articles(1) In order to prevent the introduction and spread of nuisance pests and diseases listed in Rules 5B-65.003 and 5B-65.004, F.A.C., the movement of Commercial shipments of Regulated articles into the state is prohibited except under a Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, which stipulates the conditions under which the Regulated articles can be moved into the state. The Master Permit for Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13552. The Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, will require all Shippers of Regulated articles to be under compliance with the state of origin's plant regulatory organization. A Compliance Agreement Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS 08459, Rev. 10/20, incorporated in subsection 5B-65.005(4), F.A.C., issued under a Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, shall indicate the requirements for inspections and/or treatments. Only heat, fumigation, or chemical treatments in accordance with the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine Treatment Manual, Rev. 07/20, Treatment Schedules T312 - Oak Logs and Lumber and T314 - Logs and Firewood, shall be required in the Compliance agreement. The Treatment Schedules are herein incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13554.(2) Any shipment of Regulated articles found Infested or Infected with a Wood boring pest, Wood inhabiting pest, Plant pest or Plant disease pathogen listed in Rule 5B-65.003 or 5B-65.004, F.A.C., shall be quarantined and returned to the Shipper or Producer or destroyed by the Department at the expense of the Shipper. Infested or Infected Regulated articles will be placed under Hold Order and Quarantine, FDACS-08016, Rev. 02/15, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13550. Commercial shipments entering the state through the Department's agricultural interdiction stations without certification of compliance with the Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, of the state of origin shall be held until proper certification is received and issued an Interdiction Station Report of Plants and Plant Products in Transit, FDACS Form 08003, Rev. 01/21 which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13549. Non-commercial shipments of Regulated articles entering the state through the Department's agricultural interdiction stations without certification will be allowed entry only when the Department issues an Interdiction Station Report of Non-Commercial Plants or Firewood Without Certification in Transit from Other States FDACS-08105, Rev. 05/20, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13551. Commercial shippers found in violation of the rule will be suspended from shipping under the Master Permit For Firewood and Unprocessed Wood Products, FDACS-08444, Rev. 10/20, issued with the state of origin. The suspension shall remain in effect until the Department of Agriculture of the state of origin has notified the Division of Plant Industry in writing that the Shipper is in compliance with all requirements for treatment of Regulated articles.(3) The destruction or return of shipments in violation of this rule chapter shall be at the expense of the Shipper.(4) Prior to the intrastate movement of Commercial shipments of Regulated articles, the owner of the articles must submit a Compliance Agreement Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS-08459, Rev. 10/20, to the Division of Plant Industry unless exempted in subsection 5B-65.005(7), F.A.C. The Compliance Agreement Firewood and Unprocessed Wood Products Movement Within the State of Florida, FDACS 08459, Rev. 10/20, is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13553.(5) The importation or movement of non-certified, Commercial or non-commercial shipments of Regulated articles within or into the state is prohibited except as permitted in subsection 5B-65.005(7), F.A.C.(6) Cut Christmas trees may enter the state provided they are accompanied by a federal certificate required for movement from regulated areas of the United States or a certificate of inspection issued by the Department of Agriculture in the state of origin.(7) Exemptions: (a) Regulated articles harvested or produced within a 50-mile radius of the distribution point and not moved more than 50-miles from the point of origin. Regulated articles from locations in states contiguous to Florida that are harvested or produced within 50 miles of a Florida distribution point may enter Florida for direct transport to the distribution point without a certificate if the Regulated articles are accompanied by a proper bill of lading, proof of origin, and any applicable federal certificates for shipments originating from a USDA-regulated area. No locally produced Firewood outside Miami-Dade County may enter Miami-Dade County unless treated and certified in accordance with Rule 5B-65.005, F.A.C., by the Department.(b) Primary and secondary forest products (including saw logs, saw timber, chip-n-saw, sawdust, veneer logs, pulpwood, wood for pallets, pole wood, dead pine distillate wood, pellets and chips) originating from Florida or states contiguous to Florida and transported for processing at mills and plants (including pulp/paper mills, saw mills, plywood plants, oriented strand board plants, pole plants, mulch plants, and biomass plants).(c) Commercial shipments of processed mulch or processed wood chips for cooking destined for further distribution at retail outlets if the shipments are accompanied by proper bill of lading, proof of origin and any applicable federal certificates for shipments originating from a USDA-regulated area.(d) Non-commercial shipments of Firewood entering the state for personal consumption will be allowed to enter under the condition that the Firewood will be consumed, burned, or destroyed as soon as possible and not be transported beyond the destination.Fla. Admin. Code Ann. R. 5B-65.005
Rulemaking Authority 570.07(23), 581.031(1), (4), (5), (7) FS. Law Implemented 570.07(2), (13), 581.031(1), (4), (5), (6), (7), (9), (20), (30) FS.
New 8-10-10, Amended 4-4-13, Amended by Florida Register Volume 47, Number 183, September 21, 2021 effective 10/7/2021.New 8-10-10, Amended 4-4-13, 10-7-21.