Beekeeping in Fort Myers is governed by Florida state law, not local ordinance. Florida Statute § 586.10 expressly preempts all local regulation of managed honeybee colonies. Every Florida beekeeper - including hobbyists with a single hive - must register their apiary with the Florida Department of Agriculture and Consumer Services (FDACS) under Fla. Stat. § 586.04.
Florida Statute § 586.10 reads: 'The authority to regulate, inspect, and permit managed honeybee colonies and to adopt rules on the placement and location of registered inspected managed honeybee colonies is preempted to the state through the department and supersedes any related ordinance adopted by a county, municipality, or political subdivision thereof.' This means the City of Fort Myers cannot impose hive-count caps, setback requirements, or permit/zoning restrictions on beekeeping beyond what the state Apiary Inspection Section of FDACS allows. Every Florida beekeeper - regardless of the number of colonies - must register annually with FDACS under Fla. Stat. § 586.04. Registration is free for hobbyist beekeepers (1-5 colonies); commercial fees scale with hive count. Registered apiaries are subject to inspection by FDACS, which administers Best Management Requirements (BMRs) for beekeeping including a 'gentle' bee stock requirement (because of Africanized honey bee establishment in south Florida, including Lee County). BMRs include flyway barriers, water source provision, queen requeening from approved gentle stock, and minimum lot-size guidance (e.g., 1-3 colonies on lots under 1/4 acre with appropriate management). HOA covenants and deed restrictions are not preempted and may impose tighter rules on individual properties.
Local Fort Myers beekeeping prohibitions are unenforceable under Fla. Stat. § 586.10. Failure to register an apiary with FDACS or maintain BMR compliance is enforceable by FDACS Apiary Inspection (state-level penalty). Africanized colony management failures can lead to a state-ordered destruction order.
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