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

(1) It is unlawful to introduce, multiply, possess, move, or release any arthropod, plant pest, biological control agent, noxious weed, or invasive plant regulated by the Department or the USDA except under permit issued by the Department unless a federal permit, PPQ 526, has been issued by the USDA with concurrence by the Department. No permit shall be issued nor concurrence with a federal permit, PPQ 526 made unless the Department has determined that the arthropod, plant pest, biological control agent, noxious weed, or invasive plant can be contained to prevent escape into the environment or that it will not pose a threat to agriculture, beneficial organisms, or the environment or become a public nuisance. If the possession of a plant listed in Rule 5B-57.007, F.A.C., has resulted from natural dispersion and there is neither danger of nor intent to further disperse the plant, then no permit is required. Any person transporting noxious or prohibited aquatic plants for disposal shall not be required to possess a permit pursuant to this chapter; however, disposal shall be carried out in such a manner that there is no further spread of the the plant species and no contamination of any waterbody of the state. In the case of biological control agents, they must be specialized to the target pest or pests. The Department's evaluation of permit applications may rely on findings of the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the USDA, the University of Florida, or any other State or Federal agency with expertise in these areas. In cases where there is inadequate information about the potential environmental impact of importing or releasing an organism, the Department will require the applicant to provide evidence that the accidental escape of organisms not intended for release would not be hazardous to Florida or U.S. agriculture, beneficial organisms, the public, or the environment and to provide contingency plans for containment should escape occur. The application procedures for permits are as follows:

(2) Unless a USDA permit 526 has been issued, anyone seeking a permit shall submit a completed Application and Permit to Move Organisms Regulated by the State of Florida, FDACS 08208 (Rev. 01/13), to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100. The form Application and Permit to Move Organisms Regulated by the State of Florida, FDACS 08208 (Rev. 01/13), is hereby adopted and incorporated by reference and may be obtained by writing the Division of Plant Industry at P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-02819.

(3) The completed application for permit shall be submitted to the Department for evaluation and approval or disapproval.

(4) Following approval by the Department, a permit (Application and Permit to Move Organisms Regulated by the State of Florida, FDACS 08208, Rev. 01/13) shall be issued. The conditions under which movement, introduction, possession, or release is permitted, and the length of time for which the permit is valid, will be specified on the permit.

(5) Failure to comply with permit requirements shall subject the permit to revocation by the Director of the Division of Plant Industry. Where the Director has revoked a permit for non-compliance with permit requirements, the permitted organism involved shall be seized by the Department if it is determined to pose a threat to the agricultural, horticultural, environmental, or public interests of the state as provided for in Section 581.031(15)(a), F.S.

Notes

Fla. Admin. Code Ann. R. 5B-57.004

Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 369.251(3), 581.031(6), (7), 581.083, 581.091, 581.101 FS.

New 7-27-93, Amended 6-20-00, 4-18-04, 7-29-13, Amended by Florida Register Volume 46, Number 180, September 15, 2020 effective 9/28/2020.

New 7-27-93, Amended 6-20-00, 4-18-04, 7-29-13, 9-28-20.