(a) The owner of registered seedless mandarin acreage may request that a registered beekeeper move an apiary to an alternative location provided by the owner if the apiary is located within two miles of the acreage. An owner may request that multiple apiaries be moved if they have been registered by the same beekeeper.

(b) Beekeepers of registered apiaries shall be available by telephone or other form of electronic verbal communication between 4 p.m. and 7 p.m., Monday through Saturday from March 1 through May 31 to receive requests from a registered seedless mandarin grower to move an apiary as provided in subsection (a).

(c) If agreement upon a new location of an apiary cannot be reached between the owner and the beekeeper, either may request, in writing, that the commissioner of the county in which the acreage and the apiary is located provide a recommendation as to whether the beekeeper should move the apiary to the alternative location. If the acreage and the apiary are located in different counties, the request may be directed to either the commissioner in the county in which the acreage is located or the commissioner in the county where the apiary is located. The party making the request shall also provide the commissioner with a summary of any attempts to resolve the dispute through negotiation. Requests can only be made between March 1 and May 31 of any calendar year.

(d) The commissioner shall, within two business days after receiving the request, notify the owner and the beekeeper in writing that a request for a recommendation has been received.

(e) The owner and the beekeeper shall provide the commissioner, in writing, with their last offer, reasons for rejection of the other party's last offer, and an indication as to what they believe would be required to reach an agreement. The owner and the beekeeper shall provide a written response that conforms to these requirements within four days of receipt of the notice.

(f) Upon receiving the request and the responses, the commissioner shall issue a recommendation that recommends either of the following

(g) The commissioner shall give pollination needs priority when issuing the recommendation.

(h) The owner and the beekeeper shall provide the commissioner with a fax number for the transmission of the recommendation. The commissioner shall deliver the recommendation to them by fax, with a confirmatory hard copy by mail, and it shall be deemed received upon electronic confirmation. The owner and the beekeeper may thereafter comply with the recommendation within 48 hours of receipt.

(i) The commissioner shall issue an advisory opinion within eleven (11) business days upon receipt of the request.

(j) The commissioner shall establish a cost not to exceed the cost of the program to issue the recommendation to be paid by the owner of seedless mandarin acreage to the commissioner.