Current through Reg. 50, No. 187; September 24, 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.
(2) If an applicant meets the application
requirements of subsection
5B-57.011(1),
F.A.C., and has submitted proof that a bond or certificate of deposit has been
obtained in accordance with subsection (3), the Department's Division of Plant
Industry will issue a Non-Native Species Planting Permit, FDACS-08382, (Rev.
01/13), to the applicant for annual cultivation and maintenance of the
non-native species.
(3) As required
by Section 581.083(4)(e),
F.S., each permit holder shall maintain, for each separate growing location, a
bond or a certificate of deposit in an amount, determined by the Department, of
not more than 150 percent of the estimated cost of removing and destroying the
non-native species. The bond amount determination shall be based on the
biological and physical factors associated with the organism being cultivated
and produced, including size of the production area, equipment, and products
needed to eliminate the planting and organism. The maximum bond or certificate
of deposit required will not exceed $5, 000 per acre except as allowed by
Section 581.083(4)(e),
F.S. The amount of the bond or certificate of deposit shall be increased, upon
order of the Department, at any time if the Department finds such increase to
be warranted by the cultivating operations of the permit holder. The increase
shall be based on any changes in the biological and physical factors of the
organism being cultivated and produced as stated above in this section.
(a) Applicants shall provide proof of each
bond or certificate of deposit by submitting with the Non-Native Species Permit
application either the form entitled Non-Native Species Planting Bond, FDACS
08439 (Rev. 01/13), or Assignment of Certificate of Deposit For Non-Native
Species Planting, FDACS 08440 (Rev. 01/13), as appropriate.
(b) Permit holders desiring that the security
requirement be decreased or removed must submit a written justification to the
Division of Plant Industry. The permit holder must provide specific information
that justifies the request by demonstrating that the permit holder has
decreased its cultivation operations or that research or practical field
knowledge and observations indicate a low risk of invasiveness by the
non-native species. The factors that the Department will consider include, but
are not limited to: multiple years or cycles of successful large-scale
contained cultivation; no observation of plants, algae, or blue-green algae
escape from managed areas; and science-based evidence that establishes or
demonstrates adjusted cultivation practices provide a similar level of
containment of the nonnative plants, algae, or blue-green algae. The Department
will review the information presented and issue a written response to the
request.
(4) It shall be
unlawful for any person to abandon a non-native species planting. It is the
responsibility of the property owner or permit holder to completely destroy the
planting prior to vacating the property or stopping commercial production. If
the Department determines any of the factors of Section
581.083(4)(c),
F.S., to be true, the Department will issue an immediate final order requiring
the immediate removal and destruction of the non-native species. Failure of the
permit holder to remove and destroy the non-native species within 60 days of
the order will result in action by the Department against the permit holders
bond or certificate of deposit as described in Section
581.083(4)(d),
F.S.
(5) A Non-Native Species
Planting Permit, FDACS 08382 (Rev. 01/13), is not required if the Department,
after consultation with the University of Florida, Institute of Food and
Agricultural Sciences (IFAS), determines, based on experience or research data,
that the non-native species does not pose a threat of becoming an invasive
species or pest of plants or native fauna under Florida conditions. The
following are specifically exempted from the requirements of this rule:
(a) Any plant that is commonly grown in
Florida for purposes of human food consumption.
(b) Any plant that is commonly grown in
Florida for commercial feed, feedstuff, or forage for livestock, nursery stock,
or silviculture.
(c) Aquatic
plants, algae, or blue-green algae grown in compliance with Aquaculture Best
Management Practices and certified by the Division of Aquaculture pursuant to
Section 597.004, F.S.
(d) Cyanobacterium sp. (Strain ABI)
(e) Energy cane (complex hybrid of Saccharum
officinarum, S. spontaneum, S. barberi and S. sinense)
(f) Eucalyptus amplifolia
(g) Eucalyptus benthamii
(h) Eucalyptus dorrigoensis
(i) Eucalyptus dunnii
(j) Eucalyptus grandis
(k) Eucalyptus gunni
(l) Eucalyptus nitens
(m) Eucalyptus smithii
(n) Eucalyptus urograndis - E. grandis X E.
urophylla
(o) Hibiscus canabinus
L
(p) Miscanthus giganteus - M.
sacchariflorusX M. sinensis
(q)
Pinus spp.
Note: With the exception of Miscanthus giganteus, importation
of Saccharum and Miscanthus species requires an Application for Special Permit
to Import Sugar Cane, FDACS-08083, revised 9/16, incorporated by reference in
Rule 5B-3.003,
F.A.C.
(6) The
following documents are hereby adopted and incorporated by reference. These
documents may be obtained by writing to the Florida Department of Agriculture
and Consumer Services, Division of Plant Industry, at P.O. Box 147100,
Gainesville, FL 32614-7100 or online as indicated.
(a) Non-Native Species Planting Permit
Application, FDACS 08381 (Rev. 01/13),
http://www.flrules.org/Gateway/reference.asp?No=Ref-02821.
(b) Non-Native Species Compliance Agreement,
FDACS-08383, (Rev. 01/13),
http://www.flrules.org/Gateway/reference.asp?No=Ref-02823.
(c) Non-Native Species Planting Permit,
FDACS-08382, (Rev. 01/13),
http://www.flrules.org/Gateway/reference.asp?No=Ref-02822.
(d) Non-Native Species Planting Bond, FDACS
08439 (Rev. 01/13),
http://www.flrules.org/Gateway/reference.asp?No=Ref-02824.
(e) Assignment of Certificate of Deposit For
Non-Native Species Planting, FDACS 08440 (Rev. 01/13),
http://www.flrules.org/Gateway/reference.asp?No=Ref-02825.
(f) Designation of Noxious Weeds,
7 C.F.R.
360.200 (2012),
http://www.flrules.org/Gateway/reference.asp?No=Ref-12184.
Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law
Implemented 581.031(4), (5), (6), 581.083, 581.091
FS.
New 10-1-06, Amended 9-24-08, 7-29-13, 7-21-14,
10-1-20.
