Section 5B-3.003 - Requirements for the Interstate Movement of Nursery Stock and Other Plants and Plant ProductsAny person, nurseryman, stock dealer, agent, or plant broker doing business outside the State of Florida who desires to ship into this state nursery stock and other plants and plant products from any state, U.S. possession, territory, or district of the United States, shall comply with the following regulations:
(1) If shipping nursery stock, the nurseryman, stock dealer, agent, or plant broker must be registered with the department of agriculture of the state where such nursery stock originated and listed in that state's directory of registered or certified nurseries, agents, stock dealers, and plant brokers.(2) For nursery stock, a valid certificate of inspection issued by the state of origin must be attached to and readily visible on each separate package, bundle, box, or shipment of nursery stock shipped into Florida. The certificate of inspection shall certify that the nursery stock is apparently free of plant pests and is in compliance with the rules of the department.(3) All commercial shipments of nursery stock or other plants and plant products entering Florida by road are required to stop at an agricultural inspection station where they will be screened for proper certification and subject to cargo inspection by the department. Each shipment shall be accompanied with a bill of lading or other documentation which contains the following information: (a) Name and address of shipper or consignor;(b) Name and physical address of receiver or consignee;(c) Description of plants or plant products in shipment;(d) Place and state of origin;(e) Ultimate destination of shipment if different than receiver or consignee.(4) The bill of lading or other valid document and all attachments shall be in the English Language or shall have attached thereto an accurate English translation containing adequate information for examination of the product.(5) An Interdiction Station Report of Plant and Plant Material in Transit, FDACS-08003, revised 5/10, as incorporated by reference in Rule 5B-65.005, F.A.C., will be completed on any shipment of nursery stock or other plants or plant products entering Florida that is subject to additional inspection upon reaching its destination.(6) Non-commercial shipments of house plants which are part of a passenger's baggage or household effects may enter the state provided the plants are accompanied with a certificate of inspection. Should the plants originate from a state that does not offer an inspection and certification service for house plants, the owner must be able to furnish the department a Florida address where the plants will be located. This information will enable the department to conduct a follow-up inspection if deemed necessary. If sufficient information is given, the plants will be allowed to proceed.(7) The movement of propagative parts of sugarcane into the State of Florida is prohibited unless accompanied by a special permit issued by the department. Sorghum seed is exempt from this requirement provided it is free from plant pests. A special permit may be requested by submitting to the Division at the address shown on the form an Application for Special Permit to Import Sugarcane, FDACS-08083, revised 9/16, which is incorporated herein by reference. The requester must be in compliance as outlined in FDACS 08344, revised 12/16, Compliance Agreement Shipment of Propagative Parts of Sugarcane Into The State of Florida, also incorporated herein by reference. A copy of the application may be obtained via http://www.flrules.org/Gateway/reference.asp?No=Ref-07880. A copy of the compliance agreement is available via http://www.flrules.org/Gateway/reference.asp?No=Ref-07881.(8) It is unlawful for any person to introduce into this state from another state, territory, or country any citrus plant or citrus plant product or propagation without a permit issued by the department. Any citrus plant, citrus plant products, or propagation introduced into the state from another state, territory, or country without a permit issued by the department, or any plants propagated thereafter from such materials are unlawful and shall be confiscated and destroyed as contraband pursuant to Section 581.182, F.S. No compensation shall be allowed for any plant, product, or propagation confiscated and destroyed pursuant to this section.(9) A permit to bring citrus plants and citrus plant products into the state may be requested, by submitting to the Division at the address shown on the form, an Application to Introduce Citrus Plants and Citrus Plant Parts, FDACS-08084, revised 5/12, which is incorporated in Rule 5B-62.005, F.A.C.Fla. Admin. Code Ann. R. 5B-3.003
Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031, 581.182 FS.
New 3-16-92, Amended 7-2-95, 4-1-97, 6-12-00, 10-8-03, Amended by Florida Register Volume 43, Number 030, February 14, 2017 effective 2/26/2017.New 3-16-92, Amended 7-2-95, 4-1-97, 6-12-00, 10-8-03, 2-26-17.