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-57.011 - Non-Native Species Planting Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				accordance with Section
				581.083, F.S., a person may not
				cultivate nonnative plants, algae, or blue-green algae, including genetically
				engineered plants, algae, or blue-green algae in plantings greater in size than
				two contiguous acres, except under a Non-Native Species Permit issued by the
				Department's Division of Plant Industry. Anyone seeking a Non-Native Species
				Permit shall submit a completed Non-Native Species Planting Permit Application,
				FDACS 08381 (Rev. 01/13), to the Division of Plant Industry, P.O. Box 147100,
				Gainesville, FL 32614-7100.
(a) A separate
				application shall be required for each noncontiguous growing location and must
				include a complete description of the non-native species to be grown and an
				estimated cost of removing and destroying the non-native species planting
				including the basis for calculating or determining that estimate.
(b) Each application must be submitted with
				the $50.00 permit fee.
(c) A new
				application will be required if a new or additional planting (contiguous or
				noncontiguous) exceeds five percent (5%) of the acreage covered by a previous
				permit.
(d) The Department will not
				issue a Non-Native Species Permit for any planting that includes any species
				listed on the State Noxious Weed List (See Rule
				5B-57.007, F.A.C.) or the
				federal noxious weed list (See Designation of Noxious Weeds,
				7 C.F.R.
				360.200 (2020)).
(e) The Department will not issue a
				Non-Native Species Permit unless the applicant is the owner of the property or
				has written permission from the property owner to utilize the land for
				non-native species plantings for the duration of the life of the
				permit.
(f) In evaluating the
				permit application, the Department will visit the proposed growing location and
				determine if feasible measures are available to prevent the spread of the plant
				into neighboring ecosystems. The permit will require the following minimum
				requirements:
1. A system of traps or filters,
				a fallow area consisting of bare earth, or ground cover (approved by Department
				staff as part of the application process) to prevent the non-native species
				from spreading through ditches, natural waterways, or other drainage.
2. If the non-native species is motile in
				water and presents a risk of invasiveness in an aquatic environment, the
				applicant will be required to use a berm.
3. Any equipment used on the site must be
				cleaned of all debris before being moved from the property.
4. Wildfire protection measures will be
				required to mitigate fire risk and damages to surrounding
				areas.
(g) If additional
				measures are necessary (including, but not limited to, transportation
				restrictions) to prevent the spread of the non-native species into neighboring
				ecosystems, the applicant will be required to execute a Non-Native Species
				Compliance Agreement, FDACS-08383, (Rev. 01/13), containing additional
				preventative requirements. The executed Compliance Agreement will become an
				addendum to the Non-Native Species Permit. Failure of the applicant to abide by
				the stipulations of the Non-Native Species Permit or Compliance Agreement will
				subject the Applicant to the procedures of Sections
				581.083(4)(b), (c),
				(d), F.S.