Florida Beekeeping Laws: Registration, Hives, and Honey Sales

Florida beekeeping laws require every person keeping honeybee colonies in the state to register annually with the Florida Department of Agriculture and Consumer Services (FDACS), maintain hives with movable frames, follow state rules on disease management and honey quality, and obtain inspection certificates before moving bees across state lines. State law also preempts city and county regulation of managed colonies, so the rules that matter for placement and permitting come from Tallahassee, not your local code enforcement office.

Annual Registration and Fees

Every beekeeper with colonies in Florida must apply to FDACS for a certificate of registration and inspection, then renew on the anniversary of the original registration date.¹ The statute caps registration fees at $100 and lets the department set the schedule by rule. Fees run by colony count:²

1–5 colonies: $10
6–40 colonies: $20
41–200 colonies: $40
201–500 colonies: $70
501 or more colonies: $100

Government agencies keeping bees for experimental or educational purposes can be exempted from fees.¹ Keeping colonies without a current registration violates Section 586.045 and exposes you to the penalties in Section 586.15.²

State Preemption of Local Ordinances

Section 586.10 gives FDACS exclusive authority to regulate, inspect, and permit managed honeybee colonies and to set rules on their placement, overriding any conflicting county or municipal ordinance.³ If your city has an old ordinance banning backyard beekeeping, state law supersedes it.

Preemption does not reach private agreements. A homeowners association that prohibits beekeeping in its covenants can still enforce that restriction against its members, and state law will not save you from that.⁴

Keeping Bees on Non-Agricultural Property

Beekeeping on residential or other non-agricultural land is legal, but requires compliance with a Beekeeper Compliance Agreement (FDACS form 08492). The agreement sets colony density limits, safety procedures, and best management practices including swarm prevention. If your property cannot meet the standard requirements, you can apply for a special permit by submitting a property map, written justification, and proposed mitigation measures to the Bureau of Plant and Apiary Inspection. FDACS reviews the application for public nuisance and safety concerns before granting the permit.⁵

Hive Construction and Inspections

Florida prohibits keeping honeybees in containers without movable frames. A beekeeper found using fixed-frame hives must either transfer the bees into movable-frame equipment or destroy the colony.⁶ The rule exists so inspectors can examine combs for disease.

FDACS inspectors visually examine hives for regulated pests and unwanted races of honeybees. In an apiary of 10 or more colonies, they inspect at least 5 percent, with a minimum of 10 colonies; in an apiary of fewer than 10, they inspect all of them. Beekeepers are responsible for keeping apiary sites accessible and arranging colonies so inspection is reasonably possible. If the site is not accessible, FDACS notifies the owner.⁶

Regulated Pests

The two regulated honeybee pests in Florida are American foulbrood, caused by Paenibacillus larvae, and the mite Tropilaelaps clareae.⁷ American foulbrood spreads through contaminated equipment and can wipe out an apiary. Infested or infected colonies may be destroyed or treated under Rule 5B-54.017, and FDACS can order irradiation of beekeeping equipment under Rule 5B-54.0175.

Selling Honey in Florida

Selling honey pulls in two additional layers of Florida rules: the cottage food law that lets you sell without a commercial food permit, and the honey standard of identity that governs what you can call honey in the first place.

Cottage Food Operations

Under Section 500.80, a cottage food operation is exempt from commercial food permitting under Section 500.12 as long as annual gross sales stay at or below $250,000. Honey must be bottled in the kitchen of a private residence to qualify.⁸

Every cottage food product must be prepackaged with a label showing:⁸

The operation’s name and address
The product name
Ingredients in descending order of predominance by weight
Net weight or volume
Allergen information as required by federal law
A disclaimer in at least 10-point type: “Made in a cottage food operation that is not subject to Florida’s food safety regulations.”

You can sell directly to consumers in person, at events, online, or by mail order. Wholesale sales are prohibited, and products must be stored on the premises of the cottage food operation. Cottage food operations are also preempted to the state, so local governments cannot ban them.⁸

What Counts as Honey

Rule 5K-4.027 sets Florida’s standard of identity for honey. To be sold as honey, the product must contain no added water and no more than 23% moisture, have a fructose-to-glucose ratio greater than 0.9, combine fructose and glucose to at least 60 grams per 100 grams, and generally hold sucrose below 5 grams per 100 grams. No food additives are allowed, and pollen or other constituents unique to honey may not be removed except where unavoidable during filtering. Honey that has begun to ferment fails the standard, and chemical or biochemical treatments to influence crystallization are prohibited.⁹

Rule 5K-4.028 makes a product adulterated if maltose exceeds 10%, if oligosaccharides indicate invert syrup, if it fails carbon stable isotope ratio analysis, or if it otherwise falls outside the standard of identity.¹⁰ Federal FDA rules stack on top: a product blending honey with corn syrup, sugar, or another sweetener cannot be labeled simply “honey,” and multi-ingredient products must list ingredients in descending order of predominance by weight.¹¹

Moving Bees In and Out of Florida

Section 586.11 requires all honeybees entering Florida, except bees in combless packages, along with all used beekeeping equipment, to be accompanied by a certificate of inspection from the state of origin. The certificate must confirm annual inspection of the beekeeper’s apiaries while brood was actively being reared, and that the bees meet Florida’s entry requirements for pests and unwanted races. The certificate is valid only if the originating state maintains inspection standards at least equal to Florida’s. Combless package shipments require the certificate plus an affidavit that no honey is used in the feed.¹² Non-compliant shipments can be denied entry or quarantined.

Within Florida, a certificate of inspection is required for every sale or movement of honeybees unless the hives are branded with the beekeeper’s registration number. For movements originating in Florida and heading out of state, FDACS charges $25 per certificate or special inspection, plus mileage.¹³

Penalties for Violations

A first offense under Chapter 586 is a first-degree misdemeanor, carrying up to a $1,000 fine and up to a year in jail. A second or subsequent offense is a third-degree felony, punishable by up to five years in prison.¹⁴¹⁵ The escalation catches people off guard. A missed registration is a misdemeanor the first time. Do it twice and it’s a felony.

FDACS can also impose administrative fines, either in addition to or instead of suspending or revoking a beekeeper’s registration or inspection certificate. If a beekeeper fails to pay an administrative fine within the 15-day deadline in the department’s order, the registration can be suspended or revoked without further hearing, and $100 per day may accrue until the order is satisfied. For honey adulteration or misbranding, FDACS can also recover its enforcement costs on top of penalties under Chapters 586 and 500.¹⁴

Liability and Insurance

Florida does not require beekeepers to carry insurance. A single sting-injury claim from a neighbor or delivery worker, though, can outrun years of premium payments. Hobby beekeepers selling at markets should at least carry general liability coverage for premises and product-related bodily injury. Commercial operations typically add business personal property, commercial vehicle coverage, peak-season inventory coverage, and workers’ compensation where employees are involved.¹⁶

In a dispute, courts look at whether you followed state rules and best management practices. A current registration, a signed Beekeeper Compliance Agreement where required, and documented inspections all work as evidence of responsible management. Skipping registration or ignoring FDACS requirements gives a plaintiff’s attorney a straightforward argument for negligence.

1
Florida Senate. Florida Code 586.045 – Certificates of Registration and Inspection
2
Legal Information Institute. Florida Administrative Code R. 5B-54.010 – Registration with the Department
3
Florida Senate. Florida Statutes 586.10 – Powers and Duties of Department; Preemption of Local Government Ordinances
4
UF/IFAS Extension. Beekeeping in Florida – Important Beekeeping Regulations
5
Justia Law. Florida Administrative Code 5B-54.0105
6
Legal Information Institute. Florida Administrative Code R. 5B-54.011 – Apiary Inspection Procedures
7
Legal Information Institute. Florida Administrative Code R. 5B-54.003 – Regulated Honey Bee Pests
8
Florida Senate. Florida Statutes 500.80 – Cottage Food Operations
9
Legal Information Institute. Florida Administrative Code R. 5K-4.027 – Standard of Identity – Honey
10
Legal Information Institute. Florida Administrative Code R. 5K-4.028 – Adulteration and Misbranding – Honey
11
Food and Drug Administration. Proper Labeling of Honey and Honey Products – Guidance for Industry
12
Florida Senate. Florida Code 586.11 – Certificate of Inspection to Accompany Interstate Shipments; Enforcement
13
Florida Department of Agriculture and Consumer Services. Beekeeper Registration
14
Online Sunshine. Florida Statutes 586.15 – Penalties
15
Online Sunshine. Florida Statutes 775.082 – Penalties; Applicability of Sentencing Structures; Notification Requirements
16
American Beekeeping Federation. Beekeeper Insurance