The proposed rule is being developed because the Invasive & Noxious Weed Review Committee met on August 23, 2016 and the outcome was to exempt the Sunshine cultivar for Ligustrum sinense from the noxious weed list. This request is set forth by ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5B-57.007Noxious Weed List

PURPOSE AND EFFECT: The proposed rule is being developed because the Invasive & Noxious Weed Review Committee met on August 23, 2016 and the outcome was to exempt the Sunshine cultivar for Ligustrum sinense from the noxious weed list. This request is set forth by Florida’s nursery industry via the Florida Nurserymen and Growers Association (FNGLA).

SUMMARY: This proposal will allow for the Sunshine cultivar to be moved within the State of Florida.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon past experiences with plant quarantine and entry requirement activities of this nature. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 570.07(23), 581.031(4),(5), FS.

LAW IMPLEMENTED: 581.031(4), (5), (6), 581.083, 581.091, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Greg Hodges; [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5B-57.007 Noxious Weed List.

The following plants shall be considered noxious for the purpose of this rule chapter.

(1) No change.

(2) Terrestrial Weeds.

(a) – (ff) No change.

(gg) Ligustrum sinense – Chinese privet, except the cultivars ‘Variegatum’ and ‘Sunshine’

(hh) - (vvv) No change.

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 2-28-94, 6-30-96, 7-7-99, 10-1-06, 7-29-13, 7-21-14,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Trevor Smith, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner of Agriculture.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 09/23/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 09/27/2016