Chapter 581 — Chapter 581
33 sections in this chapter.
Fla. Stat. § 581.011 Definitions
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As used in this chapter:(1) “Agent” means any person selling or distributing nursery stock under the partial or full control of a nurseryman.(2) “Aquatic plant” means any plant, including a floating, immersed, submersed, or ditch bank species, growing in or closely associated wit…
Fla. Stat. § 581.021 Continuance of powers, duties, and jurisdiction in department; privileges
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(1) This chapter shall be enforced by and under the control of the Department of Agriculture and Consumer Services as provided in chapter 570.(2) The department, through the Division of Plant Industry, shall have and exercise all the powers, jurisdiction, duties, and authority ex…
Fla. Stat. § 581.031 Department; powers and duties
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The department has the following powers and duties:(1) To make all rules governing nurseries and the movement of nursery stock as may be necessary for the eradication, control, or prevention of the dissemination of plant pests or noxious weeds.(2) To make and publish standard gra…
Fla. Stat. § 581.035 Preemption of regulatory authority over nurseries
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It is the intent of the Legislature to eliminate duplication of regulatory authority over nurseries. Notwithstanding any other law to the contrary, the authority to regulate, inspect, and permit:(1) Nursery owners, plant brokers, and stock dealers; and(2) Nurseries, nursery stock…
Fla. Stat. § 581.041 Director of Division of Plant Industry; powers and duties
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The director shall have authority to carry out any of the powers and duties of the department as authorized in s. 581.031, or as directed by the department.
Fla. Stat. § 581.071 Principal responsible for actions of employees
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In construing and enforcing the provisions of this chapter, the act, omission, or failure of any official or other person acting for or employed by any association, partnership, corporation, or other principal within the scope of her or his employment or office shall in every cas…
Fla. Stat. § 581.083 Introduction or release of plant pests, noxious weeds, or organisms affecting plant life; cultivation of nonnative plants; special permit and security required
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(1) The introduction into or release within this state of any plant pest, noxious weed, genetically engineered plant or plant pest, or any other organism which may directly or indirectly affect the plant life of this state as an injurious pest, parasite, or predator of other orga…
Fla. Stat. § 581.091 Noxious weeds and infected plants or regulated articles; sale or distribution; receipt; information to department; withholding information
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(1) It is unlawful for any person to knowingly sell, offer for sale, or distribute any noxious weed, or any plant or plant product or regulated article infested or infected with any plant pest declared, by rule of the department, to be a public nuisance or a threat to the state’s…
Fla. Stat. § 581.101 Quarantines; declaration; confiscation of contraband; removal or tampering with tag or certificate
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(1) When the department under the provisions of this chapter declares a quarantine against any place, nursery, grove, orchard, or county of this state, another state, a territory, or a foreign country as to a plant pest or noxious weed or genetically engineered plant or plant pes…
Fla. Stat. § 581.111 Emergency
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An emergency is any situation in which the department has declared a plant pest or noxious weed to be a public nuisance or when in the opinion of the department a plant pest or noxious weed endangers or threatens the horticultural and agricultural interest of the state.
Fla. Stat. § 581.121 Nursery stock; prohibited conduct
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It is unlawful for any nurseryman, stock dealer, agent, or plant broker to sell, give away, transfer, move or cause to be moved, carry, ship, or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this chapter and the rules made pursuant…
Fla. Stat. § 581.122 Nursery stock; thefts and trespass
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(1) It is unlawful for any person, with intent to injure or defraud, to take, carry away, or damage any plant, plant product, or nursery stock contained in any nursery without the consent of the owner of the nursery or her or his agent.(2) It is unlawful for any person to enter t…
Fla. Stat. § 581.131 Certificate of registration
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(1) Before any nurseryman shall sell or distribute, or offer for sale or for distribution, any nursery stock in this state, she or he shall apply to the director of the division, on forms supplied by the division, for a certificate of registration.(2) Before any stock dealer, age…
Fla. Stat. § 581.141 Certificate of registration or of inspection; revocation and suspension; fines
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(1) REVOCATION AND SUSPENSION.—If it is determined by the department that any nurseryman, stock dealer, agent, or plant broker is selling or offering for sale, or is distributing or offering to distribute, nursery stock in violation of the provisions of this chapter and the rules…
Fla. Stat. § 581.142 Viable nursery stock; requirements for sale
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(1) It shall be unlawful to sell or offer for sale any plant or nursery stock unless the plant or nursery stock is viable and meets the basic requirements of a viable plant or viable nursery stock, at the time and place of sale.(2) The basic requirements of viable nursery stock o…
Fla. Stat. § 581.145 Aquatic plant nursery registration; special permit requirements
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(1) A nursery or nursery stock dealer shall not engage in any business involving the importation, transportation, cultivation, collection, sale, or possession of any aquatic plant species unless a certification of registration has been issued by the department.(2) It shall be unl…
Fla. Stat. § 581.151 Control of spreading decline
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The department is empowered to join with the United States Department of Agriculture or to proceed independently in a program to control and eradicate, wherever possible, spreading decline resulting from a burrowing nematode (Radopholus similis (Cobb) Thorne) in the state.
Fla. Stat. § 581.161 Fumigation or treatment of plants and plant products
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The division is authorized to supervise or cause the fumigation or treatment of plants and plant products infested or infected by plant pests or so exposed to infestation or infection that it is reasonably believed that infestation or infection could exist. Fumigation or treatmen…
Fla. Stat. § 581.181 Notice of infection of plants; destruction
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(1) If the director or her or his authorized representative finds, on examination, any plant or plant product infested or infected with plant pests or noxious weeds, she or he shall notify in writing the owner or person having charge of the premises, and the owner or person in ch…
Fla. Stat. § 581.182 Citrus plants and citrus plant products from other states, territories, or foreign countries
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(1) It is unlawful for any person to introduce into this state from another state, territory, or foreign country any citrus plant or citrus plant product or propagation therefrom without a permit issued by the department, unless specifically excluded by the rules of the departmen…
Fla. Stat. § 581.183 New citrus varieties
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It is unlawful for any person to sell or propagate for sale any tree which represents a new citrus variety brought into the state after July 1, 1977, as defined by law or by rule adopted by the department, if the tree was propagated or is being propagated by graft or budwood from…
Fla. Stat. § 581.184 Adoption of rules; citrus disease management
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(1) The department shall adopt by rule, pursuant to ss. 120.536(1) and 120.54, and implement a comprehensive citrus health plan to minimize the impact of exotic citrus pests and diseases to citrus production and to allow for the orderly marketing of citrus fruit in other states a…
Fla. Stat. § 581.1843 Citrus nursery stock propagation and production and the establishment of regulated areas around citrus nurseries
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(1) As used in this section, the term “commercial citrus grove” means a solid set planting of 40 or more citrus trees.(2) Effective January 1, 2007, it is unlawful for any person to propagate for sale or movement any citrus nursery stock that was not propagated or grown on a site…
Fla. Stat. § 581.185 Preservation of native flora of Florida
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(1) LEGISLATIVE DECLARATION.—The Legislature finds and declares that it shall be the public policy of this state to: provide recognition of those plant species native to the state that are endangered, threatened, or commercially exploited; protect the native flora from unlawful h…
Fla. Stat. § 581.186 Endangered Plant Advisory Council; organization; meetings; powers and duties
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(1) COMPOSITION.—(a) The Endangered Plant Advisory Council is created, consisting of seven persons to be appointed by the Commissioner of Agriculture. One member shall be a representative of the Florida Federation of Garden Clubs, Inc.; one member shall be a representative of the…
Fla. Stat. § 581.187 Exemptions from s. 581.185
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All Florida Indians, as defined in s. 285.11, shall be exempt from the prohibitions and penalties of s. 581.185.
Fla. Stat. § 581.189 Dealing in, buying, transporting, and processing saw palmetto berries
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(1) As used in this section, the term:(a) “Harvest” or “harvesting” means to dig up, remove, or cut and remove saw palmetto berries from the place where they are grown.(b) “Harvester” means a person, firm, or corporation that takes, harvests, or attempts to take or harvest saw pa…
Fla. Stat. § 581.191 Appropriations
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The department shall include in its legislative budget request the estimated amounts needed to carry out the purposes of this chapter and the Legislature shall appropriate from the General Revenue Fund such amounts as it deems necessary for these purposes.
Fla. Stat. § 581.199 Confidential business information
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It is unlawful for any authorized representative who in an official capacity obtains under the provisions of this chapter any information entitled to protection as a trade secret, as defined in s. 812.081, to use that information for personal gain or to reveal it to any unauthori…
Fla. Stat. § 581.201 Injunction
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A single act in violation of the provisions of this chapter shall be sufficient to authorize the issuance of an injunction. The department is not required to furnish bond when making a complaint for an injunction. The Department of Legal Affairs, the state attorneys, and all publ…
Fla. Stat. § 581.211 Penalties for violations
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(1) Any person who:(a) Violates any provision of this chapter or the rules adopted under this chapter;(b) Forges, counterfeits, removes, destroys, disguises, or wrongfully or improperly uses any tag, certificate, permit, compliance agreement, or other written agreement provided f…
Fla. Stat. § 581.212 Handling of moneys received
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All moneys received by the department under the provisions of this chapter shall be deposited in the Plant Industry Trust Fund and shall be used by the department to defray its expenses in carrying out the duties imposed on it by this chapter.
Fla. Stat. § 581.217 State hemp program
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(1) CREATION AND PURPOSE.—The state hemp program is created within the department to regulate the cultivation of hemp in the state. This section constitutes the state plan for the regulation of the cultivation of hemp for purposes of 7 U.S.C. s. 1639p.(2) LEGISLATIVE FINDINGS.—Th…