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Florida Administrative Code (Last Updated: April 18, 2024) |
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5. Department of Agriculture and Consumer Services |
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5B. Division of Plant Industry |
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5B-64. Aquatic Plant Importation, Transportation, Non-Nursery Cultivation, Possession And Collection |
1(1) Following proper notice, the department is authorized to modify, revoke, suspend, annul, or withdraw any permit granted by it, or deny or modify any permit application, if the department determines that the following actions were committed by the permittee or applicant:
43(a) Submission of false or inaccurate information in the permit application, requests for modifications, or records maintained pursuant to Rule 5B-64.0045, F.A.C.
65(b) Violation of the permit, permit conditions, Chapter 6B-64, F.A.C., section 76369.25 77or 78369.251, F.S.
80(c) Failure to file a required report within the specified period.
91(2) The department shall initiate the appropriate corrective action to prevent the spread of noxious or prohibited aquatic plants, and to protect sovereignty lands from the excessive collection of native aquatic plants including the following:
126(a) The department is authorized to issue a written notice of violation, and issue instructions as to the manner and time in which the violation shall be rectified.
154(b) The department is authorized to order a quarantine of plants from a permitted wild collection site to prevent the dissemination of any prohibited aquatic plant. The quarantine order shall state the provisions of the quarantine and the conditions under which the quarantine may be lifted.
200(c) The department is authorized to seize, without compensation, any prohibited aquatic plant regulated under this chapter which the department has determined is reasonably likely to be introduced into waters.
230(d) The department is authorized to take the necessary action to destroy prohibited aquatic plants which threaten waters of the state without compensation to the owner.
256(e) The department is authorized to require the revegetation of a site in sovereignty lands where excessive collection has occurred.
276(3) Any person who violates the provisions of this chapter, section 287369.25 288or 289369.251, F.S., 291may be guilty of a misdemeanor of the second degree punishable as provided in section 306775.082 307or 308775.083, F.S. 310All law enforcement officers of the state and its agencies with power to make arrests for violations of state law are authorized to enforce the provisions of this chapter.
339(4) All permittees shall, upon request, provide to the department samples of any aquatic plant for identification at no compensation.
359Rulemaking Authority 361369.25, 362369.251, 363370.021 FS. Law Implemented 367369.25, 368369.251, 369370.021, 370.028 FS. History–New 8-11-86, Amended 6-13-93, Formerly 16C-52.008, 37862C-52.008.
