5B-57.011 Biomass Plantings. 

(1) Biomass Permit Requirements. It shall be unlawful to establish a biomass planting greater in size than two contiguous 

acres except under a biomass permit (Biomass Planting Permit, DACS-08382, revised 04/08) issued by the department for this 

purpose and is incorporated herein by reference. An application for new biomass permit will be required if the planting 

(contiguous or noncontiguous) will exceed five percent (5%) of the acreage of the original permit. No biomass permit shall be 

issued for any planting of plants on the state noxious weed list or the federal noxious weed list. No biomass permit shall be issued 

unless the applicant is the owner of the property or has written permission from the property owner to utilize the land for biomass 

plantings for the duration of the life of the permit. Applications for biomass permits shall be made on Biomass Planting Permit 

Application, DACS-08381, revised 06/08, and submitted to the Division of Plant Industry, P. O. Box 147100, Gainesville, FL 

32614-7100, for this purpose and is incorporated herein by reference. The application forms can be obtained from the same 

address or from the Division of Plant Industry website, http://www.doacs.state.fl.us/onestop/plt/methods.html. Separate 

applications for biomass permits shall be required for each noncontiguous growing location and must include a complete 

description of the nonnative plant to be grown and an estimated cost of removing and destroying the subject plant including the 

basis for calculating or determining that estimate. The applications must be submitted with the permit fee of $50 and proof that a 

bond in the form as required in subsection (2), issued by a surety company admitted to do business in Florida or a certificate of 

deposit has been obtained as described in Section 581.083(4), F.S. In evaluating the permit application, the department shall visit 

the proposed growing location and determine if feasible measures can be taken to prevent the spread of the plant into neighboring 

ecosystems. The permit will include the following requirements as a minimum:

(a) A system of traps or filters shall be required to prevent plants or plant parts from spreading through ditches, natural 

waterways or other drainage. A fallow area in excess of 25 feet may be considered as a trap.

(b) Measures will be required to prevent spread by seed. 

(c) A fallow area, wide enough to prevent plant spread into adjacent areas, shall be required. The fallow area may be used 

singularly or in combination with a berm surrounding the biomass planting.

(d) Any equipment used on the site must be cleaned of all plant debris before being moved from the property.

(e) Wildfire protection measures will be required to mitigate fire risk and damages to surrounding areas.

(f) A compliance agreement (Compliance Agreement, Biomass, DACS-08383, revised 04/08) containing any additional 

requirements needed to prevent plant spread shall be signed and will be an addendum to the permit for this purpose and is 

incorporated herein by reference. Copies of Compliance Agreement, Biomass, DACS-08383, revised 04/08, may be obtained from 

the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P. O. Box 147100, Gainesville, FL 32614-7100, or 

http://www.doacs.state.fl.us/onestop/plt/methods.html. Failure to abide by the permit stipulations or the compliance agreement is 

considered to be a violation of these rules.

(2) Bonds or Certificates of Deposit. Each permit holder shall maintain for each separate growing location a bond or a 

certificate of deposit in an amount of not less than 150 percent of the estimated cost of removing and destroying the plants as 

described in Section 581.083(4), F.S. The bond or certificate of deposit may not exceed $5,000 per acre except as allowed by 

Section 581.083(4)(e), F.S. The Bond or CD assignment or agreement must be on forms DACS-08439, revised 05/08, Biomass 

Plantings Bond or DACS-08440, revised 05/08, Assignment of Certificate of Deposit, incorporated herein by reference. These 

forms are available from the Division of Plant Industry, P. O. Box 147100, Gainesville, FL 32614-7100 or http://www.doacs.state.

fl.us/onestop/plt/methods.html.

(3) Abandoned Biomass Plantings. It shall be unlawful for any person to abandon a biomass planting. It is the responsibility 

of the property owner or permit holder to completely destroy the planting prior to vacating the property or stopping commercial 

production. If the department determines that the permit holder is no longer maintaining or cultivating the plants subject to the 

special permit and has not removed and destroyed the plants authorized by the special permit or has exceeded the conditions of the 

biomass permit, the department shall take action to initiate the removal of the plants through the issuance of an immediate final 

order and execution of the bond or certificate of deposit as described in Section 581.083(4), F.S.

(4) Exemptions. A biomass permit is not required for plants produced for purposes of agriculture as defined in Section 

570.02(1), F.S., or if the department in consultation with the University of Florida, Institute of Food and Agricultural Sciences has 

determined that the non-native plant is not invasive and specifically exempts it in this rule. The following plants or groups of 

plants are exempt:

(a) Any plant that is produced for purposes of human food consumption.
(b) Any plant that is commonly grown for commercial feed, feedstuff or forage for livestock.

(c) Pinus spp.

Specific Authority 570.07(13), (23) FS. Law Implemented 581.031(4), (5), (6), 581.083, 581.091 FS. History–New 10-1-06, Amended 9-24-08.