5B-57.001. Definitions

(1) For the purpose of this rule chapter, the definitions in Section 581.011, F.S., and following definitions shall apply:

(a) Beneficial Organisms. Any organism which benefits Florida’s native or agricultural plants, or benefits one without adversely impacting the other, by improving plant health or growth, or which may adversely affect pest species such as arthropods, fungi, bacteria, viruses, and nematodes.

(b) Biological Control Agent. Any biological agent such as bacteria, fungi, viruses, arthropods, parasitoids, parasites, nematodes, and predators that adversely affects pest species.

(c) Contiguous. Two or more plantings of non-native plants with a common boundary or a parcel of land that has been separated or divided into more than one planting of non-native plants whether separated or divided by a roadway or any other area not under cultivation with non-native plants.

(d) Department. The Florida Department of Agriculture and Consumer Services.

(e) International Movement. Movement into Florida from any country or area outside the United States.

(f) Interstate Movement. Movement into Florida from another state or U.S. possession.

(g) Intrastate Movement. Movement within the state of Florida.

(h) Invasive Plant. A naturalized plant that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality.

(i) Natural Dispersion. Movement of an aquatic plant by meteorological, biological, hydrological, or any other natural process.

(j) Naturalized Plant. A plant that is reproducing spontaneously outside of cultivation and outside its native range.

(k) Nematode. A small unsegmented worm in all of its life stages in the Phylum Nematoda.

(l) Non-Native Species. Any non-native plants, algae, or blue-green algae, including genetically engineered plants, algae, or blue-green algae in plantings greater in size than two contiguous acres.

(m) Non-Native Species Permit. A permit issued by the Department authorizing a non-native species planting.

(n) Non-Native Species Planting. The cultivation or production of a nonnative plants, algae, or blue-green algae, including a genetically engineered plants, algae, or blue-green algae in plantings greater in size than two contiguous acres.

(o) Noxious Aquatic Plant. As defined in section 369.25 F.S.

(p) Noxious Weed. Any living stage, including, but not limited to, seeds and reproductive parts, of a parasitic or other plants of a kind, or subdivision of a kind, which may be a serious agricultural threat in Florida, or have a negative impact on the plant species protected under section 581.185, F.S., or if the plant is a naturalized plant that disrupts naturally occurring native plant communities.

(q) Noxious Weed and Invasive Plant Review Committee. A committee appointed by the Department, in accordance with Section 570.0705, F.S., to review the Noxious Weed and Invasive Plant List in subsection 5B-57.010(2), F.A.C., as provided for in Section 581.091(4), F.S.

(r) Permit. An official document issued by the Department or the USDA allowing, under specific conditions, the entry or field release of plant pests, noxious weeds, invasive plants, arthropods, and biological control agents, defining the conditions under which such activities will be allowed, and containing specific instructions for inspection, movement, and containment.

(s) Synonym. A scientific or common name, other than the approved name, which applies to the same plant.

(t) USDA. The United States Department of Agriculture.

(2) The purpose of this rule chapter is to control the introduction into, or movement or spread within this state of any plant pest, noxious weed, or arthropod, and to establish procedures under which the field release of plant pests, noxious weeds, arthropods, and biological control agents or non-native species plantings are permitted. Such procedures will assist in confirming that introductions and field releases are conducted in a manner which provides for public and environmental protection.

Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 581.031(4), (5), (6), 581.083, 581.091 FS. History–New 7-27-93, Amended 4-18-04, 10-1-06, 7-29-13, 9-28-20.