Florida Administrative Code

The following documents are herby 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, Bureau of Plant and apiary Inspection, P.O. Box 147100, Gainesville, Flo…

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 ar…

(1) Plant pests of regulatory significance requiring immediate quarantine action. All nursery stock found to be infested or infected with or exposed to a plant pest not known to be established in the state will be quarantined, placed under stop sale using a Hold Order And Quarant…

Any person registered with the division as a nursery, stock dealer, or plant broker, or any person obtaining inspection services from the division shall apply for authorization to print, or have printed, certificates of inspection. A Request For Authorization To Print Certificate…

The owners, officers, and employees of any nursery, stock dealer, or plant broker, or any person who has in his possession plants or plant products infested or infected, or exposed to infestation or infection, with any plant pest deemed to be of quarantine significance by the dep…

(1) Special inspection and certification services that may be provided by the division when requested by farmers, growers or other interested parties may include treatments, pest identifications, plant identifications, investigations, and regulatory activities not otherwise speci…

For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply: (1) Certificate. An official document stipulating compliance with the requirements of the department. (2) Exposed. Subjected to oak wilt disease infestation becau…

The purpose of this chapter is to establish procedures to prevent the introduction of oak wilt disease into and to prevent the spread of oak wilt disease within the state, should the disease and/or its causal agent (C. fagacearum) be inadvertently introduced. Rulemaking Authority…

Pursuant to section 581.031(6), F.S., the oak wilt disease incited by Ceratocystis fagacearum is declared to be a plant pest and a nuisance as well as any plant or other thing infested or infected therewith or that has been exposed to infestation or infection and therefore likely…

(1) Infested areas. The following states in which oak wilt disease is known to be established, shall be known as infested areas. (a) Arkansas. (b) Illinois. (c) Indiana. (d) Iowa. (e) Kansas. (f) Kentucky. (g) Maryland. (h) Michigan. (i) Minnesota. (j) Missouri. (k) Nebraska. (l)…

(1) The movement of oak wilt disease or host plants into the state from an infested or regulated area is prohibited except by master permit (DACS-08047, Revised 11/99) issued by the director. Master Permit (DACS-08047, Revised 11/99) is incorporated in this rule by reference. Cop…

(1) For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply: (a) Agricultural inspection station. An official inspection station operated by the department to assist in monitoring the intrastate and interstate movement …

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 570.07, 570.32, 581.031, 581.141, 581.182, 581.211 FS. History- Repromulgated 12-31-74, Formerly 5B-3.02, Amended 3-16-92, 4-1-97, Repealed 2-26-17.

Any person, nurseryman, stock dealer, agent, or plant broker doing business outside the State of Florida who desires to ship into this state nursery stock and other plants and plant products from any state, U.S. possession, territory, or district of the United States, shall compl…

(1) All shipments of international origin plants and plant products entering Florida by road are required to stop at an agricultural inspection station where they will be screened for proper certification and subject to cargo inspection by the department. (2) All shipments of int…

All host fruit listed below from an area infested with the fruit flies Anastrepha spp. (except A. suspensa), Bactrocera spp., Dacus spp., Rhagoletis spp., and Ceratitis spp. is prohibited entry into the State of Florida, unless accompanied by a certificate issued by an authorized…

(1) Plants and plant products which are not accompanied by proof of origin and a certificate of inspection issued by a state or country plant protection governmental agency indicating compliance with Florida regulations or are found to be infested or infected with, or exposed to …

Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History-New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.01, Repealed 4-4-18.

It shall be unlawful for any person, firm, association or corporation to offer or expose for sale, or ship into this state, any potatoes or parts thereof intended for propagation, except as prescribed herein, unless specifically authorized by the department. Rulemaking Authority …

(1) All potatoes to be sold for propagation in Florida must meet U.S. No. 1 seed potato requirements as set forth in the U.S. Standards for Grades of Potatoes, 7 CFR 51.1541, Edition 1-1-17, hereby incorporated by reference and available online at http://www.flrules.org/Gateway/r…

Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History-New 3-15-69, Repromulgated 12-31-74, Formerly 5B-33.04, Repealed 4-4-18.

Seed potatoes not meeting the requirements for propagation as specified in rule Chapter 5B-33, F.A.C., will be destroyed or refused entry by the department at the expense of the shipper. Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History-New 3-15-69, Rep…

Rulemaking Authority 581.031, 570.07 FS. Law Implemented 581.031 FS. History-New 3-15-69, Amended 5-1-73, Repromulgated 12-31-74, Formerly 5B-33.06, Repealed 4-4-18.

For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply: (1) "Lettuce" means plants and plant parts of Lactuca sativa. (2) "Lettuce mosaic" means a seed-borne and insect-transmitted virus disease affecting lettuce. (3) …

Lettuce mosaic, a serious virus disease of lettuce, is declared a nuisance and a major economic threat to the production of commercial lettuce in Florida. This quarantine shall restrict the movement of regulated articles and require certain cultivation practices which will reduce…

The movement of regulated articles into or within the state is prohibited for planting or sale within the state unless the certification requirements set forth in Rule 5B-38.006, F.A.C., have been met. Rulemaking Authority 570.07(13),(23) FS. Law Implemented 581.031(4), (5), (7) …

The entire state of Florida where lettuce is commercially produced and where an attempt is being made to reduce the incidence of lettuce mosaic is designated as the suppressive areas. Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(5), (7) FS. History-New 5-1-73…

(1) Lettuce seed intended for commercial use, being moved, sold, or planted within the state shall be certified as having been tested by a seed testing facility. Such certification shall be based on the negative testing results of seed tested from at least 30,000 seed from a desi…

Commercial lettuce plantings must be destroyed by disking, plowing, or other means within 10 days of termination of final harvest from said planting. Rulemaking Authority 570.07(13), (23) FS. Law Implemented 581.031(17) FS. History-New 5-1-73, Repromulgated 12-31-74, Formerly 5B-…

Rulemaking Authority 570.07(23) FS. Law Implemented 581.031 FS. History-New 5-1-73, Repromulgated 12-31-74, Formerly 5B-38.09, Amended 5-25-93 Repealed 11-14-23.

(1) For the purpose of this rule chapter, the definitions in Sections 581.011 and 581.185(2), F.S., and the following definitions shall apply: (a) Commercially exploited plant list. Plants designated in paragraph 5B-40.0055(1)(c), F.A.C., as commercially exploited. (b) Commission…

(1) Endangered plants. (a) To willfully harvest, collect, pick, remove, injure, or destroy any plant listed as endangered growing on the private land of another, or on any public land or water, a person shall obtain the written permission of the owner of the land or water, or the…

Rulemaking Authority 570.07(23), 581.185(4) FS. Law Implemented 570.07(13), 581.185 FS. History-New 3-6-80, Formerly 5B-40.04, Amended 1-31-88, 9-20-00, Repealed 8-20-15.

(1) A person seeking to harvest, collect, pick, remove, injure, or destroy any such plant listed as threatened in paragraph 5B-40.0055(1)(b), F.A.C., growing on the private land of another, or on any public land or water, a person shall obtain the written permission of the owner …

(1) All plants listed on the Endangered Plant List, the Threatened Plant List, and the Commercially Exploited Plant List as set forth herein are referred to as regulated. (a) Endangered Plant List. The following plants shall be included in the Endangered Plant List: 1. Acacia ang…

(1) The department shall consider the recommendations of the general public and the recommendations of the Endangered Plant Advisory Council in the listing or deleting of plant species from the Regulated Plant Index. Proposals for listing or deleting plants and comments on these …

Upon any suspected violation of this chapter, any authorized representative of the department shall be empowered to: (1) Request identification of the person involved and vehicles utilized in the transportation of the endangered, commercially exploited, and/or threatened plants a…

(1) The Division of Plant Industry shall be responsible for the administration of all aspects of the Endangered and Threatened Native Flora Conservation Grants Program, including the application process, the award of grant funds, and the monitoring of awarded grants to completion…

For the purpose of this chapter, the definitions in Section 581.011, F.S., and the following definitions shall apply: (1) "Approved solid waste facility" means a facility permitted by the Florida Department of Environmental Protection as a Class I landfill. (2) "Area of concern" …

Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(4), (15), (16), (20) FS. History-New 6-15-81, Amended 8-18-85, Formerly 5B-43.02, Repealed 8-10-25.

The following snails and slugs established in the United States shall be considered injurious to Florida agriculture, and entry into or distribution within the state is prohibited. This prohibition includes live plant-feeding snails and slugs in all stages of development, intende…

(1) A minimum of 0.5-mile radius area around any prohibited snail or slug detection shall be quarantined upon finding evidence of a breeding population. (2) It shall be unlawful to move any prohibited snail or slug or regulated article within, through, or from a quarantine area u…

The movement of plant-feeding snails or slugs as described in Rule 5B-43.003, F.A.C., or regulated articles into the State of Florida from an area of concern is prohibited unless such shipments are made in accordance with the provisions of this chapter. Plant-feeding snails or sl…

Rulemaking Authority 570.07(23), 581.031(1), (4), (5) FS. Law Implemented 581.031(20), 581.083, 581.101 FS. History-New 6-15-81, Amended 8-18-85, Formerly 5B-43.07, Repealed 8-10-25.

The following states in which plant-feeding snails or slugs, as described in Rule 5B-43.003, F.A.C., are known to be established shall be known as areas of concern: (1) Arizona. (2) California. (3) Hawaii. (4) New Mexico. (5) Oregon. (6) Texas. (7) Washington. Rulemaking Authorit…

Cancellations and Suspensions. Master permits issued for the movement of regulated articles may be withdrawn or cancelled by the Department for any violation of this chapter and issuance of additional certificates for the movement of such articles may be suspended by the Departme…

Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.141, 581.211 FS. History-New 6-15-81, Formerly 5B-43.13, Repealed 8-10-25.

Rulemaking Authority 570.07(23), 581.031 FS. Law Implemented 581.031 FS. History-New 6-15-81, Formerly 5B-44.01, Amended 6-15-87, 6-4-95, Repealed 7-10-07.

Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031, 581.101, 581.111 FS. History-New 6-15-81, Formerly 5B-44.02, Amended 6-15-87, 6-4-95, Repealed 7-10-07.

Rulemaking Authority 570.07(23), 581.031(1) FS. Law Implemented 581.031(6) FS. History-New 6-15-81, Formerly 5B-44.03, Amended 6-15-87, Repealed 7-10-07.