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-57.004 - Introduction, Possession or Movement of Arthropods, Biological Control Agents, Plant Pests, Noxious Weeds, and Invasive Plants, Regulated by the Department

Current through Reg. 50, No. 138; July 16, 2024
(1) It is unlawful to introduce, multiply,
				possess, move, or release any arthropod, plant pest, biological control agent,
				noxious weed, or invasive plant regulated by the Department or the USDA except
				under permit issued by the Department unless a federal permit, PPQ 526, has
				been issued by the USDA with concurrence by the Department. No permit shall be
				issued nor concurrence with a federal permit, PPQ 526 made unless the
				Department has determined that the arthropod, plant pest, biological control
				agent, noxious weed, or invasive plant can be contained to prevent escape into
				the environment or that it will not pose a threat to agriculture, beneficial
				organisms, or the environment or become a public nuisance. If the possession of
				a plant listed in Rule
				5B-57.007, F.A.C., has resulted
				from natural dispersion and there is neither danger of nor intent to further
				disperse the plant, then no permit is required. Any person transporting noxious
				or prohibited aquatic plants for disposal shall not be required to possess a
				permit pursuant to this chapter; however, disposal shall be carried out in such
				a manner that there is no further spread of the the plant species and no
				contamination of any waterbody of the state. In the case of biological control
				agents, they must be specialized to the target pest or pests. The Department's
				evaluation of permit applications may rely on findings of the Florida
				Department of Environmental Protection, the Florida Fish and Wildlife
				Conservation Commission, the USDA, the University of Florida, or any other
				State or Federal agency with expertise in these areas. In cases where there is
				inadequate information about the potential environmental impact of importing or
				releasing an organism, the Department will require the applicant to provide
				evidence that the accidental escape of organisms not intended for release would
				not be hazardous to Florida or U.S. agriculture, beneficial organisms, the
				public, or the environment and to provide contingency plans for containment
				should escape occur. The application procedures for permits are as
				follows:
(2) Unless a USDA permit
				526 has been issued, anyone seeking a permit shall submit a completed
				Application and Permit to Move Organisms Regulated by the State of Florida,
				FDACS 08208 (Rev. 01/13), to the Division of Plant Industry, P.O. Box 147100,
				Gainesville, FL 32614-7100. The form Application and Permit to Move Organisms
				Regulated by the State of Florida, FDACS 08208 (Rev. 01/13), is hereby adopted
				and incorporated by reference and may be obtained by writing the Division of
				Plant Industry at P.O. Box 147100, Gainesville, FL 32614-7100 or online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-02819
.
(3) The completed application for permit
				shall be submitted to the Department for evaluation and approval or
				disapproval.
(4) Following approval
				by the Department, a permit (Application and Permit to Move Organisms Regulated
				by the State of Florida, FDACS 08208, Rev. 01/13) shall be issued. The
				conditions under which movement, introduction, possession, or release is
				permitted, and the length of time for which the permit is valid, will be
				specified on the permit.
(5)
				Failure to comply with permit requirements shall subject the permit to
				revocation by the Director of the Division of Plant Industry. Where the
				Director has revoked a permit for non-compliance with permit requirements, the
				permitted organism involved shall be seized by the Department if it is
				determined to pose a threat to the agricultural, horticultural, environmental,
				or public interests of the state as provided for in Section
				581.031(15)(a),
				F.S.
Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law
					 Implemented 369.251(3), 581.031(6), (7), 581.083, 581.091, 581.101
					 FS.
New 7-27-93, Amended 6-20-00, 4-18-04, 7-29-13,
					 9-28-20.