Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-64 - AQUATIC PLANT IMPORTATION, TRANSPORTATION, NON-NURSERY CULTIVATION, POSSESSION AND COLLECTION › Section 5B-64.010 - Exemptions and Exclusions

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				transporting noxious or prohibited aquatic plants for disposal under a permit
				for aquatic plant management pursuant to Chapter 68F-20 or 68F-54, F.A.C.,
				shall not be required to possess a permit pursuant to this chapter. However,
				disposal shall be in such a manner that no waterbody of the state is
				contaminated.
(2) The collection,
				possession, transportation, sale, or cultivation of mangroves, mangrove seeds
				(fruits) or propagules, plants restricted by Rule
				68B-42.001, F.A.C., or the
				trimming of mangroves are not regulated by this chapter and shall not be
				permitted pursuant to this chapter.
(3) The importation, transportation,
				non-nursery cultivation, possession, collection, or sale of non-prohibited
				wetland tree species, including but not limited to ash, bay, cypress, gum,
				mangrove, maple, tupelo, etc., are not regulated by this chapter and shall not
				be permitted pursuant to this chapter.
(4) Herbaria of educational or research
				institutions shall not be required to possess a permit for its preserved
				specimens, however a permit shall be required for the collection or importation
				of live specimens.
(5) Any florist,
				or other person, who sells dried native aquatic plants, parts, or propagules
				thereof, shall not be required to possess a permit under this rule. No dried,
				reproductive parts of prohibited aquatic plants shall be used.
(6) If the possession of a prohibited aquatic
				plant has resulted from natural dispersion, and there is neither danger of or
				intent to further disperse the plant through any sales, transportation, or
				other action, or when a small amount of noxious aquatic plant material
				incidentally adheres to a boat or a boat trailer operated by a person who is
				not involved in any phase of the aquatic plant business and if that person is
				not knowingly violating this act, then no permit shall be required or penalties
				assessed. However, the department is authorized to quarantine, or confiscate
				the plant when there is a danger of further dispersal.
(7) Any person conducting revegetation as a
				condition of a Chapter 68F-20, F.A.C., permit shall not be required to possess
				a permit under this chapter for use in that specifically permitted
				site.
(8) Any person conducting
				reclamation activities under the Department of Environmental Protection
				approved program pursuant to Chapter 62C-16 or 62C-17, F.A.C., shall not be
				required to obtain a permit pursuant to Chapter 5B-64, F.A.C. However,
				reclamation activities must not result in the dissemination of any prohibited
				aquatic plant species listed in Rule
				5B-64.011, F.A.C., nor shall any
				activities involving aquatic plants be conducted outside of those lands under
				department approved conceptual plan.
Rulemaking Authority 369.25, 369.251 FS. Law Implemented
					 369.25, 369.251 FS.
New 8-11-86, Amended 6-13-93, Formerly 16C-52.010,
					 62C-52.010.