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-64.010 - Exemptions and Exclusions

(1) Any person transporting noxious or prohibited aquatic plants for disposal under a permit for aquatic plant management pursuant to Chapter 68F-20 or 68F-54, F.A.C., shall not be required to possess a permit pursuant to this chapter. However, disposal shall be in such a manner that no waterbody of the state is contaminated.

(2) The collection, possession, transportation, sale, or cultivation of mangroves, mangrove seeds (fruits) or propagules, plants restricted by Rule 68B-42.001, F.A.C., or the trimming of mangroves are not regulated by this chapter and shall not be permitted pursuant to this chapter.

(3) The importation, transportation, non-nursery cultivation, possession, collection, or sale of non-prohibited wetland tree species, including but not limited to ash, bay, cypress, gum, mangrove, maple, tupelo, etc., are not regulated by this chapter and shall not be permitted pursuant to this chapter.

(4) Herbaria of educational or research institutions shall not be required to possess a permit for its preserved specimens, however a permit shall be required for the collection or importation of live specimens.

(5) Any florist, or other person, who sells dried native aquatic plants, parts, or propagules thereof, shall not be required to possess a permit under this rule. No dried, reproductive parts of prohibited aquatic plants shall be used.

(6) If the possession of a prohibited aquatic plant has resulted from natural dispersion, and there is neither danger of or intent to further disperse the plant through any sales, transportation, or other action, or when a small amount of noxious aquatic plant material incidentally adheres to a boat or a boat trailer operated by a person who is not involved in any phase of the aquatic plant business and if that person is not knowingly violating this act, then no permit shall be required or penalties assessed. However, the department is authorized to quarantine, or confiscate the plant when there is a danger of further dispersal.

(7) Any person conducting revegetation as a condition of a Chapter 68F-20, F.A.C., permit shall not be required to possess a permit under this chapter for use in that specifically permitted site.

(8) Any person conducting reclamation activities under the Department of Environmental Protection approved program pursuant to Chapter 62C-16 or 62C-17, F.A.C., shall not be required to obtain a permit pursuant to Chapter 5B-64, F.A.C. However, reclamation activities must not result in the dissemination of any prohibited aquatic plant species listed in Rule 5B-64.011, F.A.C., nor shall any activities involving aquatic plants be conducted outside of those lands under department approved conceptual plan.