Definitions, Purpose, Introduction, Possession or Movement of Arthropods, Biological Control Agents, Plant Pests, Noxious Weeds, and Invasive Plants, Regulated by the Department, Regulation and Control of Noxious Weeds and Invasive Plants in Florida,...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NOS.:RULE TITLES:

5B-57.001Definitions

5B-57.002Purpose

5B-57.004Introduction, Possession or Movement of Arthropods, Biological Control Agents, Plant Pests, Noxious Weeds, and Invasive Plants, Regulated by the Department

5B-57.006Regulation and Control of Noxious Weeds and Invasive Plants in Florida

5B-57.007Noxious Weed List

5B-57.010Noxious Weed and Invasive Plant Classification Procedures

5B-57.011Biomass Plantings

5B-57.012Casuarina Cunninghamiana Windbreaks

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 102, May 24, 2013 issue of the Florida Administrative Register.

 

(Substantial rewording of Rule 5B-57.001 follows. See Florida Administrative Code for present text. )

 

5B-57.001 Definitions.

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

(a) Arthropod. Any segmented invertebrate animal having jointed appendages and an exoskeleton, including insects, spiders, ticks, mites, and scorpions, but excluding crustaceans for the purpose of this rule chapter.

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

(d) Compliance Agreement. A written agreement between the Department and any person engaged in growing, handling, or moving articles, plants, plant products, plant pests, noxious weeds, invasive plants, arthropods, or biological control agents regulated under this rule chapter, wherein the person agrees to comply with stipulated requirements.

(c)(e) 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)(f) Department. The Florida Department of Agriculture and Consumer Services.

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

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

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

(h)(j) Invasive Plant. A naturalized plant that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality. All plants listed in Section 369.251(1), F.S., shall be included in the Department’s Noxious Weed and Invasive Plant List.

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

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

(k)(m) 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.

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

(m)(o) 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.

(n)(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. All plants listed in Section 369.251(1), F.S., shall be included in the Department’s Noxious Weed and Invasive Plant List.

(o)(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.

(p)(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) Plant Pest. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants, plant parts, or any processed, manufactured, or other products of plants, other than permitted biological control agents.

(q )(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(13), (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, Amended 10-1-06,_________.

 

5B-57.002 Purpose

No change.

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

 

5B-57.004 Introduction, Possession or Movement of Arthropods, Biological Control Agents, Plant Pests, Noxious Weeds, and Invasive Plants, Regulated by the Department.

No change.

Rulemaking Authority 570.07(13), (23), 581.031(4), (5), FS. Law Implemented 581.031(6), (7), 581.083, 581.091, 581.101 FS. History–New 7-27-93, Amended 6-20-00, 4-18-04,________.

 

5B-57.006 Regulation and Control of Noxious Weeds and Invasive Plants in Florida

No change.

Rulemaking Authority 570.07(13), (23), 581.031(4), (5) FS. Law Implemented 581.031(4), (6), (7), (16), (17), 581.083, 581.091, 581.101 FS. History–New 7-27-93, Amended 4-18-04,________.

 

5B-57.007 Noxious Weed List

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

(1) Parasitic Weeds.

(a) Aeginetia spp. – Aeginetia

(b) Alectra spp. – Alectra

(c) Cuscuta spp. Only the native Florida species are excluded from this list. These include:

1. C. americana

2. C. compacta

3. C. exaltata

4. C. gronovi

5. C. indecora

6. C. obtusiflora

7. C. pentagona

8. C. umbellata

(d)1. Orobanche spp. – broomrapes, with the exception of:

2. O. uniflora-oneflowered broomrape

(2) Terrestrial Weeds.

(a) Ageratina adenophora – crofton weed

(b) Alternanthera sessilis – sessile joyweed

(c) Abrus precatorius – rosary pea

(d) Ardisia elliptica – shoebutton ardisia

(e) Asphodelus fistulosus – onionweed

(f) Avena sterilis (including Avena budoviciana) – animated oat, wild oat

(g) Borreria alata – broadleaf buttonweed

(h) Carthamus oxyacantha – wild safflower

(i) Casuarina equisetifolia – Australian pine

(j) Casuarina glauca – suckering Australian pine

(k) Chrysopogon aciculatus – pilipiliula

(l) Colubrina asiatica – latherleaf

(m) Commelina benghalensis – Benghal dayflower

(n) Crupina vulgaris – common crupina

(o) Cupaniopsis anacardioides – carrotwood Propagation prohibited effective 7/1/99; sale or distribution prohibited 1/1/2001

(p) Digitaria scalarum – African couchgrass, fingergrass

(q) Digitaria velutina – velvet fingergrass, annual couchgrass

(r) Dioscorea alata – white yam

(s) Dioscorea bulbifera – air potato

(t) Drymaria arenarioides – lightning weed

(u) Emex australis – three-corner jack

(v) Emex spinosa – devil’s thorn

(w) Euphorbia prunifolia – painted euphorbia

(x) Galega officinalis – goat’s rue

(y) Heracleum mantegazzianum – giant hogweed

(z) Imperata brasiliensis – Brazilian satintail

(aa) Imperata cylindrica – cogongrass

(bb) Ipomoea triloba – little bell, aiea morning glory

(cc) Ischaemum rugosum – murainograss

(dd) Leptochloa chinensis – Asian sprangletop

(ee) Leucaena leucocephala – lead tree

(ff) Lycium ferocissimum – African boxthorn

(gg) Lygodium japonicum – Japanese climbing fern

(hh) Lygodium microphyllum – small-leaved climbing fern

(ii) Melaleuca quinquenervia – melaleuca

(jj) Melastoma malabathricum – Indian rhododendron

(kk) Mikania cordata – mile-a-minute

(ll) Mikania micrantha – climbing hempweed

(mm) Mimosa invisa – giant sensitive plant

(nn) Mimosa pigra – catclaw mimosa

(oo) Nassella trichotoma – serrated tussock

(pp) Neyraudia reynaudiana – Burma reed

(qq) Opuntia aurantiaca - jointed prickly pear

(rr) Oryza longistaminata – red rice

(ss) Oryza punctata – red rice

(tt) Oryza rufipogon – wild red rice

(uu) Paederia cruddasiana – sewer-vine

(vv) Paederia foetida – skunk-vine

(ww) Paspalum scrobiculatum – Kodomillet

(xx) Pennisetum clandestinum – Kikuyu grass

(yy) Pennisetum macrourum – African feathergrass

(zz) Pennisetum pedicellatum – Kyasuma grass

(aaa) Pennisetum polystachyon – missiongrass, thin napiergrass

(bbb) Prosopis spp.

(ccc) Pueraria montana – kudzu

(ddd) Rhodomyrtus tomentosa – downy myrtle

(eee) Rottboellia cochinchinensis – itchgrass

(fff) Rubus fruticosus – bramble blackberry

(ggg) Rubus molluccanus – wild raspberry

(hhh) Saccharum spontaneum – wild sugarcane

(iii) Salsola vermiculata – wormleaf salsola

(jjj) Sapium sebiferum – Chinese tallow tree

(kkk) Scaevola taccada – beach naupaka Propagation prohibited immediately and distribution prohibited by July 1, 2007.

(lll) Schinus terebinthifolius – Brazilian pepper-tree

(mmm) Setaria pallidefusca – cattail grass

(nnn) Solanum tampicense – wetland nightshade

(ooo) Solanum torvum – turkeyberry

(ppp) Solanum viarum – tropical soda apple

(qqq) Tridax procumbens – coat buttons

(rrr) Urochloa panicoides – liverseed grass

Rulemaking Authority 570.07(13), (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,________.

 

5B-57.010 Noxious Weed and Invasive Plant Classification Procedures.

(1) The Department will propose the classification of a plant as a noxious weed or invasive plant and its inclusion on the Noxious Weed and Invasive Plant List, Rule 5B-57.007, F.A.C., if the plant is determined to 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 communities. In making these determinations, the Department will utilize information provided by the Institute of Food and Agricultural Sciences (IFAS) at the University of Florida or other experts that biologically justifies the classification of a plant as a noxious weed or invasive plant based upon the best and currently available information. Anyone seeking to include or exclude plants from have plants added to the Rule 5B-57.007, F.A.C., Noxious Weed List in Rule 5B-57.007, F.A.C., shall submit a completed Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 014/13, to the Division of Plant Industry, P. O. Box 147100, Gainesville, FL 32614-7100. The form Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 014/13, is hereby adopted and incorporated by reference and may be obtained by writing the Division of Plant Industry, Bureau of Plant and Apiary Inspection, at P. O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference. To add a noxious weed or invasive plant to the list of noxious weeds and invasive plants the following information is required to assist in the development of the risk assessment: identification including scientific name and author, common synonyms, botanical classification, common names; summary of life history; native and world distribution; distribution in Florida or the United States if any; description of control efforts, if established in Florida or the United States; identification of regulation at the state level; consequences of introduction/spread; habitat suitability in Florida (predicted ecological range); dispersal potential (biological characteristics associated with invasiveness); potential economic impacts; potential environmental impacts; likelihood of introduction/spread; potential pathways into and within Florida; likelihood of survival and spread within each pathway; and supporting documentation (list of references). To remove a plant from the list the following information is required: evidence that the species no longer meets the definition of a noxious weed or invasive plant. For cultivars of a listed plants to be exempted, the Department will confer with following information must be supplied by IFAS on the following: evidence of sterility and inability to cross pollinate with wild types, or evidence that the cultivar has narrower habitat suitability, less dispersal potential, less potential for negative impact on the economy and/or environment of Florida and evidence that the plant is not spreading vegetatively. The Department will review a submitted Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 014/13, and forward it to the Noxious Weed and Invasive Plant Review Committee within 30 days provided all required information has been submitted. The Noxious Weed and Invasive Plant Review Committee will review the application and make a final recommendation to the Department to add or remove plants from Rule 5B-57.007, F.A.C. Any exemptions for cultivars, production practices, areas of distribution, or any other reasons will be denoted following the plant name on the Noxious Weed and Invasive Plant List. The Department shall make a final determination regarding the disposition of the application within 30 days of receipt of the committee recommendation. Upon making a final determination, the rule amendment process will be initiated if necessary. By emergency rule, the Department shall add a plant to the list at any time if there is an immediate threat to the agricultural, horticultural, environmental, or public interest of the state.

(2) No change.

Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 581.011(18), 581.031(6), 581.091(4) FS. History–New 4-18-04, Amended_________.

 

5B-57.011 Non-Native Species Special Permits.

(1) In accordance with Section 581.083, Florida Statutes, 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 Special Permit issued by the Department’s Division of Plant Industry. Anyone seeking a Non-Native Species Special 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 and proof that a bond or certificate of deposit has been obtained in accordance with subsection (3).

(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 an previous permit.              

(d) The Department will not issue a Non-Native Species Permit Special Permit for any planting that includes any species listed on the State Noxious Weed List (See Rule 5B-57.007) or the federal noxious weed list (See Designation of Noxious Weeds, 7 C.F.R. 360.200 (2010)).

(e) The Department will not issue a Non-Native Species Permit Special 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 greater than 25 feet, 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 Special Permit. Failure of the applicant to abide by the stipulations of the Non-Native Species Permit Special Permit or Compliance Agreement will subject the Applicant to the procedures of Section 581.083(4)(b),(c),(d), Florida Statutes.

(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), Florida Statutes, 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), Florida Statutes. 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 Special Permit application either the form entitled Non-Native Species Plantings Bond, FDACS 08439 (Rev. 01/13), or Assignment of Certificate of Deposit For Non-Native Species Plantings, 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), Florida Statutes, 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), Florida Statutes.

(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 produced 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 s. 597.004, Florida Statutes.

(d) Energy cane (complex hybrid of Saccharum officinarum, S. spontaneum, S. barberi and S. sinense)

(e) Eucalyptus amplifolia

(f) Eucalyptus benthamii

(g) Eucalyptus dorrigoensis

(h) Eucalyptus dunnii

(i) Eucalyptus grandis

(j) Eucalyptus gunni

(k) Eucalyptus nitens

(l) Eucalyptus smithii

(m) Eucalyptus urograndis – E. grandis X E. urophylla

(n) Hibiscus canabinus L

(o) Miscanthus giganteus – M. sacchariflorusX M. sinensis

(p) Pinus spp.

Note: With the exception of Miscanthus giganteus, importation of Saccharum and Miscanthus species requires a Non-Native Species Permit Special Permit in accordance with 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.

(a) Non-Native Species Planting Permit Application, FDACS 08381 (Rev. 01/13), http://www.flrules.org/Gateway/reference

(b) Non-Native Species Compliance Agreement, FDACS-08383, (Rev. 01/13), http://www.flrules.org/Gateway/reference

(c) Non-Native Species Planting Permit, FDACS-08382, (Rev. 01/13), http://www.flrules.org/Gateway/reference

(d) Non-Native Species Plantings Bond, FDACS 08439 (Rev. 01/13), http://www.flrules.org/Gateway/reference

(e) Assignment of Certificate of Deposit For Non-Native Species Plantings, FDACS 08440 (Rev. 01/13), http://www.flrules.org/Gateway/reference

(f) Designation of Noxious Weeds, 7 C.F.R. 360.200 (2012), http://www.flrules.org/Gateway/reference

Rulemaking Authority 570.07(13), (23), 581.031 (4, (5) FS. Law Implemented 581.031(4), (5), (6), 581.083, 581.091 FS. History–New 10-1-06, Amended 9-24-08,_________.

 

5B-57.012 Casuarina cunninghamiana Windbreaks

No change.

Rulemaking Authority 570.07(23), 581.031(1), (3), (4), (5), (8), 581.091 FS. Law Implemented 570.07(2), (13), 570.32(5), (6), 581.031(1), (17), 581.091 FS. History–New 7-16-09, Amended________.