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-64.003 - Permit Requirements

(1) No person shall engage in any business activity involving the non-nursery cultivation, or collection of any aquatic plant species without a permit issued by the department unless expressly exempted by Rule 5B-64.010, F.A.C. No person, except aquatic plant nurseries regulated by the Department of Agriculture and Consumer Services, shall engage in any business activity involving the importation, transportation, sale or possession of any aquatic plant species without a permit issued by the department unless expressly exempted by Rule 5B-64.010, F.A.C. Collection activities exempted from permitting requirements under this chapter, when undertaken on private or sovereignty lands, must be authorized by the landowner.

(2) No person shall possess any Class I prohibited aquatic plant listed in Rule 5B-64.011, F.A.C., without a permit issued by the department. No person shall possess any Class II prohibited aquatic plant listed in Rule 5B-64.011, F.A.C., without a permit issued by the department unless expressly exempted by Rule 5B-64.010, F.A.C.

(3) No collection of native aquatic plants, including any part or seed thereof, from aquatic preserves, state parks, or sovereignty lands under lease to other entities, shall be permitted pursuant to this chapter.

(4) Only native aquatic plants cultured in a nursery regulated by the department or collected from an approved wild collection site, shall be used for the revegetation, restoration, or mitigation of wetlands in sovereignty lands. No prohibited or non-native aquatic plant shall be placed in, or knowingly be distributed for use in natural waters, or waters connected to natural waters. Non-native plants not on the prohibited plant list may be used in artificially created ponds and water gardens that are not connected to natural waters.

(5) No person shall knowingly cause the dissemination of any prohibited plant listed in Rule 5B-64.011, F.A.C.

(6) The collection of aquatic plant material from sovereignty lands is prohibited unless a permit is issued by the bureau. This permit shall constitute permission from the Division of State Lands and authorization for such collection. Collection may be permitted for nursery stock which is to be used for propagation and cultivation purposes. Collection may also be permitted for habitat enhancement or restoration projects in sovereignty lands that are directed by a state agency, local government, or water management district. Cuttings may be permitted to be taken for sale when taken in a manner that assures the survival of the plant and the roots are not disturbed. Vallisneria americana, Sagittaria kurziana and Sagittaria subulata/graminea may be permitted to be collected for sale from approved wild collection sites in sovereignty lands until October 1, 1995.

(7) Persons engaged in wild collection activities shall carry a copy of the permit. Permittees shall be responsible for the acts, or omissions, of their employees or agents.

(8) An aquatic plant permit issued pursuant to this chapter is non-transferrable and is valid only for the person and activities for which the permit is issued.

(9) Issuance of an aquatic plant permit does not relieve the permittee of the responsibility of complying with all applicable federal, state, county, and municipal laws, ordinances, or rules, and the permittee is not relieved of the responsibility of obtaining other required licenses or permits.

(10) An aquatic plant permit does not constitute permission to collect endangered, threatened, or otherwise protected plant species.

(11) A permit is required for each individual wild collection site. However, more than one site may be approved on the same permit. When collection activities are undertaken, a copy of the permit must be available onsite.

(12) Permits shall be effective for a period not to exceed three years based on criteria and standards referenced in Rule 5B-64.004, F.A.C., of this chapter, proposed activities, and unresolved violations of this chapter. The effective period shall be set forth in the permit.