Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-57 - INTRODUCTION OR RELEASE OF PLANT PESTS, NOXIOUS WEEDS, ARTHROPODS, AND BIOLOGICAL CONTROL AGENTS › Section 5B-57.010 - Noxious Weed and Invasive Plant Classification Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department will propose the
				classification of a plant as a noxious weed or invasive plant and its inclusion
				on the Noxious Weed and Invasive Plant List, Rule
				5B-57.007, F.A.C., if the plant
				is determined to be a serious agricultural threat in Florida, or have a
				negative impact on the plant species protected under Section
				581.185, F.S., or if the plant
				is a naturalized plant that disrupts naturally occurring native communities. In
				making these determinations, the Department will utilize information provided
				by the Institute of Food and Agricultural Sciences (IFAS) at the University of
				Florida or other experts that biologically justify the classification of a
				plant as a noxious weed or invasive plant based upon the best and currently
				available information. Anyone seeking to include or exclude plants from the
				Noxious Weed List in Rule
				5B-57.007, F.A.C., shall submit
				a completed Application for Inclusion to or Exclusion from the Noxious Weed
				List, FDACS 08215, Rev. 07/15, to the Division of Plant Industry, P.O. Box
				147100, Gainesville, FL 32614-7100. The form Application for Inclusion to or
				Exclusion from the Noxious Weed List, FDACS 08215, Rev. 07/15, is herein
				incorporated by reference and may be obtained online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12182
.
				For cultivars of a listed plant to be exempted, the Department will confer with
				IFAS on the following: evidence of sterility and inability to cross pollinate
				with wild types, or evidence that the cultivar has narrower habitat
				suitability, less dispersal potential, less potential for negative impact on
				the economy and/or environment of Florida and evidence that the plant is not
				spreading vegetatively. The Department will review a submitted Application for
				Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 04/13,
				and forward it to the Noxious Weed and Invasive Plant Review Committee within
				30 days provided all required information has been submitted. The Noxious Weed
				and Invasive Plant Review Committee will review the application and make a
				final recommendation to the Department to add or remove plants from Rule
				5B-57.007, F.A.C. Any exemptions
				for cultivars, production practices, areas of distribution, or any other
				reasons will be denoted following the plant name on the Noxious Weed and
				Invasive Plant List. The Department shall make a final determination regarding
				the disposition of the application within 30 days of receipt of the committee
				recommendation. Upon making a final determination, the rule amendment process
				will be initiated if necessary. By emergency rule, the Department shall add a
				plant to the list at any time if there is an immediate threat to the
				agricultural, horticultural, environmental, or public interest of the
				state.
(2) The Noxious Weed and
				Invasive Plant List contained in Rule
				5B-57.007, F.A.C., shall be
				subject to review, at least biennially, by the Department in conjunction with
				the Institute of Food and Agricultural Sciences at the University of Florida.
				The Noxious Weed and Invasive Plant List Review Committee appointed by the
				Department, in accordance with Sections
				581.091(4) and
				570.0705, F.S., will conduct the
				review. All reviews will be conducted in accordance with Section
				120.525, F.S., which provides
				for public input. The University of Florida will recommend two faculty members,
				one specializing in research on production agriculture and the other on natural
				resources, to the Department to serve on the committee. A representative from
				the Director's Office, the Bureau of Plant and Apiary Inspection, and the
				Botany Section shall represent the Department. The Noxious Weed and Invasive
				Plant List Review Committee will make recommendations to the Department to add
				or remove plants from Rule
				5B-57.007, F.A.C., based on the
				biological justification as described in subsection (1).
Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law
					 Implemented 581.011(18), 581.031(6), 581.091(4)
					 FS.
New 4-18-04, Amended 7-29-13,
					 10-1-20.