Every 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.
(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
5B-2.0011, F.A.C., and must be
signed by the applicant or applicant's representative.
(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
5B-2.010, F.A.C.
(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.
(c) The nursery must be in
such condition in regard to spacing, growth, and weed control to allow for an
inspection for plant pests.
(d)
Nurserymen, unless exempted under Rule
5B-2.002, F.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).
1. Schedule of fees
determined by nursery stock inventory shall be as follows:
|
Number of Plants
|
Amount of Fee
|
|
1-1, 000
|
$35.00
|
|
1, 001-5, 000
|
$50.00
|
|
5, 001-25, 000
|
$100.00
|
|
25, 001-100, 000
|
$200.00
|
|
100, 001-200, 000
|
$300.00
|
|
200, 001-300, 000
|
$350.00
|
|
Over 300, 000
|
$460.00
|
2.
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:
|
Number of Acres
|
Amount of Fee
|
|
1-15
|
$50.00
|
|
16-25
|
$100.00
|
|
26-35
|
$200.00
|
|
36-45
|
$300.00
|
|
46-60
|
$400.00
|
|
61-80
|
$450.00
|
|
Over 81
|
$460.00
|
3.
Schedule of fees determined by planted acreage for certified turfgrass shall be
as follows:
|
Number of Acres
|
Amount of Fee
|
|
1-200
|
$50.00
|
|
201-400
|
$100.00
|
|
401-600
|
$200.00
|
|
601-800
|
$300.00
|
|
801-1000
|
$400.00
|
|
1001-3000
|
$450.00
|
|
Over 3000
|
$460.00
|
(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.
(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.
An Annual Nursery Registration Fee Notice, FDACS-08006, Revised 11/15,
incorporated in Rule
5B-2.0011, F.A.C., is supplied
by the division for this purpose.
(2) Stock dealers and plant brokers shall
comply with the following stipulations to meet certification requirements:
(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
5B-2.0011, F.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
5B-2.002(2)(c),
F.A.C.
(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
5B-2.0011, F.A.C.
(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.
(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.
(e) Stock dealer, or
plant broker certificates of registration shall expire twelve (12) months from
the original registration or annual renewal
date.
Notes
Fla. Admin.
Code Ann. R. 5B-2.002
Rulemaking Authority 570.07(23), 581.031(1) FS. Law
Implemented 581.131, 581.141 FS.
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, Amended by
Florida
Register Volume 42, Number 081, April 26, 2016 effective
5/8/2016.
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.
