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-64.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Applicant" means any person who applies
				for a permit pursuant to this chapter.
(2) "Aquatic plant" means any plant,
				including a floating, emersed, submersed, or ditchbank species growing in, or
				closely associated with, an aquatic environment, and includes any part or seed
				of such plant. This includes those species listed in section
				369.251, F.S.
(3) "Beneficial aquatic plants" means
				indigenous aquatic plant species that provide fish and wildlife habitat, water
				quality protection, and shoreline stabilization.
(4) "Bureau" means the Bureau of Plant and
				Apiary Inspection, an administrative subdivision of the Department of
				Agriculture and Consumer Services, located at 1911 S. W. 34th Street,
				Gainesville, Florida 32608, telephone (352)372-3505.
(5) "Collection" means the removal or
				gathering of any aquatic plant, including any part or seed thereof, from the
				place in which it is growing in the natural environment.
(6) "Connection" means any depression, ditch,
				canal, culvert, pipe, or any other natural or man-made conveyance, whether
				permanent or intermittent, which joins the surface water of one waterbody to
				the surface water of another waterbody in such a manner as to allow the
				interchange of water between the waterbodies.
(7) "Cultivation or culture" means to grow or
				cause to reproduce any aquatic plant.
(8) "Department" means the state of Florida
				Department of Agriculture and Consumer Services.
(9) "Excessive collection" means the taking
				of native aquatic plants from a wild collection site to the extent there is no
				longer a reasonable assurance of the continued maintenance of a self sustaining
				native aquatic plant specie population within that site.
(10) "Herbicide" means any chemical product
				used to chemically control or regulate aquatic plant growth.
(11) "Importation" means the transportation
				of aquatic plants into the geographical limits of the State of Florida from
				outside the geographical limits of the State of Florida.
(12) "Landowner" means a person who possesses
				fee title to the property specified in a permit application.
(13) "Native aquatic plant" means any aquatic
				plant that is indigenous to the state of Florida, as determined by the
				department. In making this determination, the department shall consider data
				contained in generally accepted scientific literature.
(14) "Natural dispersion" means movement of
				an aquatic plant by meteorological, biological, hydrological, or any other
				natural process.
(15) "Natural
				waters" means those surface waters created through geological and biological
				processes whether or not subsequently modified by man.
(16) "Non-native" means any aquatic plant not
				indigenous to the state of Florida, as determined by the department.
(17) "Non-nursery cultivation" means the
				tending of aquatic plant species for harvest in the natural
				environment.
(18) "Non-prohibited
				aquatic plant" means all aquatic plants except those listed in Rule
				5B-64.011, F.A.C.
(19) "Noxious aquatic plant" means any part,
				including but not limited to seeds or reproductive parts, of an aquatic plant
				which has the potential to hinder the growth of beneficial aquatic plants, to
				interfere with irrigation or navigation, or to adversely affect the public
				welfare or the natural resources of this state.
(20) "Permit" means a license issued by the
				department pursuant to this chapter.
(21) "Permittee" means any person to whom a
				permit is issued under this chapter.
(22) "Person" means individuals, children,
				firms, associations, joint ventures, partnerships, estates, trusts, business
				trusts, syndicates, fiduciaries, corporations, and all other groups or
				combinations.
(23) "Prohibited
				aquatic plant" means any of the aquatic plants designated by the department on
				the prohibited aquatic plant list in Rule
				5B-64.011, F.A.C., or in an
				emergency order issued under Rule 5B-64.012, F.A.C.
(24) "Revegetation" means the intentional
				placing of any native aquatic plant, including any seed or part thereof, into
				waters for the purpose of establishing that plant as a constituent of those
				waters. Revegetation includes activities associated with mitigation,
				restoration, transplanting and habitat enhancement.
(25) "Sovereignty lands" means, pursuant to
				Article X, Section 11, Constitution of the State of Florida, the title to lands
				under navigable waters, within the boundaries of the state, which have not been
				alienated, including beaches below mean high water lines, is held by the state,
				by virtue of its sovereignty, in trust for all the people.
(26) "Synonym" means a scientific or common
				name, other than the approved name, which applies to the same plant.
(27) "Waters" or "Waters of the state" means
				rivers, streams, lakes, navigable waters and associated tributaries, canals,
				meandered lakes, enclosed water systems, and all other bodies of
				water.
(28) "Wild collection site"
				means an area where aquatic plants are naturally occurring and in which the
				department has permitted collection activities.
Rulemaking Authority 369.25, 369.251 FS. Law Implemented
					 369.25, 369.251 FS.
New 8-11-86, Amended 6-13-93, Formerly 16C-52.002,
					 62C-52.002.