Section 5B-57.011 - Non-Native Species Planting Permits(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(h) Eucalyptus dorrigoensis(n) Eucalyptus urograndis - E. grandis X E. urophylla(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. Fla. Admin. Code Ann. R. 5B-57.011
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, Amended by Florida Register Volume 40, Number 131, July 8, 2014effective 7-21-14, Amended by Florida Register Volume 46, Number 180, September 15, 2020 effective 10/1/2020.New 10-1-06, Amended 9-24-08, 7-29-13, 7-21-14, 10-1-20.