5B-2.002. Registering with the Division  


Effective on Sunday, May 8, 2016
  • 1Every nurseryman, stock dealer, and plant broker shall register with the division before moving, distributing or offering nursery stock for sale. All seeds, cut flowers, cut fern, cut foliage not for propagation, and lawn and pasture grasses not produced as certified turfgrass are specifically exempted from nursery stock classification for registration purposes when apparently free from injurious plant pests.

    60(1) Application for registration of nurseries shall be made upon an Application For Certificate Of Registration, FDACS-08004, Revised 11/15, as incorporated in Rule 835B-2.0011, 84F.A.C., and must be signed by the applicant or applicant’s representative.

    95(a) Nurserymen desiring to obtain a certificate of registration and move, sell, distribute, or offer nursery stock for sale shall request an inspection by the division at least thirty (30) days in advance of the date upon which they desire to move or offer nursery stock for sale. Nurserymen requesting a certificate of registration in less than 30 days shall be charged a temporary certificate of inspection fee as provided in Rule 1675B-2.010, 168F.A.C.

    169(b) The nursery stock must be inspected by an authorized representative of the division and found to be free from plant pests of regulatory significance and to be reasonably free from common plant pests.

    203(c) The nursery must be in such condition in regard to spacing, growth, and weed control to allow for an inspection for plant pests.

    227(d) Nurserymen, unless exempted under Rule 2335B-2.002, 234F.A.C., must pay an annual certificate of registration fee. Such fee shall be determined by the amount of nursery stock inventoried in the nursery by an authorized representative during the first inventory inspection after July 1. For field-produced vegetable transplants, field-produced bulbs, and field-produced corms and tubers, the certificate of registration fee shall be based on the amount of planted acreage provided that the total fee does not exceed four hundred sixty dollars ($460). Upon meeting registration requirements, a certificate of registration shall be issued by the division which shall expire twelve (12) months following date-of-issue. Nurseries having nursery stock, field-produced vegetable transplants, field-produced bulbs, and field-produced corms or tubers shall have the planted acreage fee added to the fee determined for nursery stock. The combined fees shall not exceed four hundred sixty dollars ($460).

    3691. Schedule of fees determined by nursery stock inventory shall be as follows:

    382Number of Plants

    385Amount of Fee

    3881-1,000

    390$35.00

    3911,001-5,000

    394$50.00

    3955,001-25,000

    398$100.00

    39925,001-100,000

    402$200.00

    403100,001-200,000

    406$300.00

    407200,001-300,000

    410$350.00

    411Over 300,000

    414$460.00

    4152. Schedule of fees determined by planted acreage for field-produced vegetable transplants, field-produced bulbs, and field-produced corms and tubers shall be as follows:

    438Number of Acres

    441Amount of Fee

    4441-15

    445$50.00

    44616-25

    447$100.00

    44826-35

    449$200.00

    45036-45

    451$300.00

    45246-60

    453$400.00

    45461-80

    455$450.00

    456Over 81

    458$460.00

    4593. Schedule of fees determined by planted acreage for certified turfgrass shall be as follows:

    474Number of Acres

    477Amount of Fee

    4801-200

    481$50.00

    482201-400

    483$100.00

    484401-600

    485$200.00

    486601-800

    487$300.00

    488801-1000

    489$400.00

    4901001-3000

    491$450.00

    492Over 3000

    494$460.00

    495(e) Governmental agency nurseries whose nursery stock is used exclusively for planting on government property are exempt from payment of a certificate of registration fee.

    520(f) All annual renewal documents for certificate of registration shall be returned not later than the anniversary date of the certificate being renewed, and accompanied by the appropriate fee. 549An Annual Nursery Registration Fee Notice, FDACS-08006, Revised 11/15, incorporated in Rule 5615B-2.0011, 562F.A.C., is supplied by the division for this purpose571.

    572(2) Stock dealers and plant brokers shall comply with the following stipulations to meet certification requirements:

    588(a) Those persons who desire to apply for certification and registration as a stock dealer or plant broker shall do so by completing an Application For Certificate Of Registration, FDACS-08004, Revised 11/15, incorporated in Rule 6235B-2.0011, 624F.A.C. This application should be filed with the division thirty (30) days prior to the date the stock dealer or plant broker begins operation. The completed application shall be accompanied by payment of the fee as designated in paragraph 6635B-2.002(2)(c), 664F.A.C.

    665(b) All annual renewal documents for certificate of registration shall be returned not later than the anniversary date of the certificate being renewed and accompanied by the appropriate fee. The Annual Stock Dealer And Registration Fee Notice, FDACS-08022, Revised 11/15, is supplied by the division for this purpose and is incorporated in Rule 7185B-2.0011, 719F.A.C.

    720(c) The certificate of registration fee for a stock dealer with an inventory of less than 5,000 plants or plant broker establishments shall be $25.00 per location. The certificate of registration fee for a stock dealer with an inventory of 5,000 or more plants shall be $69.00 per location. The inventory for such a stock dealer shall be determined by an authorized representative.

    785(d) A stock dealer or plant broker shall comply with all the provisions of chapter 581, F.S., comply with the rules of the department, and obtain nursery stock only from certified nurseries.

    817(e) Stock dealer, or plant broker certificates of registration shall expire twelve (12) months from the original registration or annual renewal date.

    839Rulemaking Authority 841570.07(23), 842581.031(1) FS. 844Law Implemented 846581.131, 847581.141 FS. 849History–Amended 12-31-74, 6-24-75, 3-25-79, 6-15-81, 10-28-85, Formerly 5B-2.02, Amended 5-17-92, 6-7-95, 11-29-95, 6-12-00, 8-26-03, 3-11-04, 5-8-16.

     

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