Fla. Admin. Code Ann. R. 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, 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, is herein
incorporated by reference and may be obtained online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12182.
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) The Noxious Weed and
Invasive Plant List contained in Rule
5B-57.007, F.A.C., shall be
subject to review, at least biennially, by the Department in conjunction with
the Institute of Food and Agricultural Sciences at the University of Florida.
The Noxious Weed and Invasive Plant List Review Committee appointed by the
Department, in accordance with Sections
581.091(4) and
570.0705, F.S., will conduct the
review. All reviews will be conducted in accordance with Section
120.525, F.S., which provides
for public input. The University of Florida will recommend two faculty members,
one specializing in research on production agriculture and the other on natural
resources, to the Department to serve on the committee. A representative from
the Director's Office, the Bureau of Plant and Apiary Inspection, and the
Botany Section shall represent the Department. The Noxious Weed and Invasive
Plant List Review Committee will make recommendations to the Department to add
or remove plants from Rule
5B-57.007, F.A.C., based on the
biological justification as described in subsection (1).
Notes
Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 581.011(18), 581.031(6), 581.091(4) FS.
New 4-18-04, Amended 7-29-13, 10-1-20.
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