Noxious Weed and Invasive Plant Classification Procedures, Non-Native Species Planting Permits  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Plant Industry

    RULE NOS.:RULE TITLES:

    5B-57.010Noxious Weed and Invasive Plant Classification Procedures

    5B-57.011Non-Native Species Planting Permits

    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. 46 No. 112, June 9, 2020 issue of the Florida Administrative Register.

    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 justify 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 the 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. 07/15 04/13, 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. 07/15 04/13, is herein 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.asp?No=Ref-XXXXX                                                                                                                                                                                                                                                                                                                                               http://www.flrules.org/Gateway/reference.asp?No=Ref-02820. For cultivars of a listed plant to be exempted, the Department will confer with 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. 04/13, 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 7-29-13, __________.

     

    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) through (c) No change.

    (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) (2012)).

    (e) through (g) No change.

    (2) through (5) No change.

    (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) through (e) No change

    (f) Designations of Noxious Weeds, 7 C.F.R. 360.200 (2020) (2012), http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-02818.

    Rulemaking Authority 570.07(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, 7-29-13, 7-21-14, _____________.