CHAPTER (4) Certificate of registration means an official ... · this chapter. The term "certificate" includes label, rubber stamp imprint, tag, permit, written statement, or any

F.S. 1985 PLANT INDUSTRY Ch. 581

CHAPTER 581

PLANT INDUSTRY

581.011 581.021

581.031 581.041

581.071

581.083

581.091 581.101

581.111 581.121 581.122 581.131 581.141

581.142 581.151 581.161

581.171 581.181 581.182

581.183 581.185 581.186

581.187 581.191 581.192

581.193

581.201 581.211 581.212

Definitions. Continuance of powers, duties, and jurisdic-

tion in department; privileges. Department; powers and duties. Director of Division of Plant Industry; powers

and duties. Principal responsible for actions of employ-

ees. Introduction of plant pests, noxious weeds, or

organisms affecting plant life. Information to department. Quarantines; declaration; confiscation of con-

traband; removal or tampering with tag or certificate.

Emergency. Nursery stock; prohibited conduct. Nursery stock; thefts and trespass. Certificate of registration. Certificate of registration or of inspection; rev-

ocation and suspension; fines. Viable nursery stock; requirements for sale. Control of spreading decline. Fumigation or treatment of plants and plant

products. Printed copies as evidence. Notice of infection of plants; destruction. Citrus plants and citrus plant products from

other states, territories, or foreign coun-tries.

New citrus varieties. Preservation of native flora of Florida. Endangered Plant Advisory Council; organi-

zation; meetings; quorum; compensation. Exemptions from s. 581.185. Appropriations. Excise tax on commercial sale or distribution

of citrus nursery stock. Excise tax on citrus nursery stock; sale to

commercial citrus producer or for resale to producer.

Injunction. Penalties for violations. Handling of moneys received.

581.011 Definitions.-As used in this chapter: (1) "Agent" means any person selling or distributing

nursery stock under the partial or full control of a nur-seryman.

(2) "Authorized representative" means any designat-ed employee, inspector, or collaborator of the division or the United States Department of Agriculture.

(3) "Certificate of inspection" means an official docu-ment stipulating compliance with the requirements of this chapter. The term "certificate" includes label, rubber stamp imprint, tag, permit, written statement, or any form of inspection and certification document which ac-companies the movement of inspected and certified plant material ana plant products.

(4) "Certificate of registration" means an official doc-ument issued by the division to nurseries, stock dealers, agents, and plant brokers as evidence of being properly registered with the division in compliance with the re-quirements of this chapter and of any of the rules pro-mulgated hereunder.

(5) "Collaborator" means a person cooperating with the division in some capacity, who has been officially designated to perform certain duties for the division.

(6) "Department" means the Department of Agricul-ture and Consumer Services of the state or its author-ized representative.

(7) "Director" means the director of the Division of Plant Industry.

(8) "Distribution" means the movement of nursery stock from the property where it is grown or kept to any other property that is not contiguous thereto, regardless of the ownership of the properties concerned.

(9) "Division" means the Division of Plant Industry of the Department of Agriculture and Consumer Services.

(10) "Move" means to ship, offer for shipment, re-ceive for transportation, carry, or otherwise transport.

(11) "Noxious weed" means any living stage, includ-ing, but not limited to, seeds and productive parts, of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Florida.

(12) "Nursery" means any grounds or premises on or in which nursery stock is grown, propagated, or held for sale or distribution.

(13) "Nurseryman" means any person engaged in the prod1Jction of nursery stock for sale or distribution.

(14) "Nursery stock" means all plants, trees, shrubs, vines, bulbs, cuttings, grafts, scions, or buds grown or kept for or capable of propagation or distribution, unless specifically excluded by the rules of the department.

(15) "Official organ" means a printed document pub-lished by the division for notification to the public and in-dustries in matters relating to division activities and in which official announcements may be made.

(16) "Person" means any individual, corporation, company, society, association, or other business entity.

(17) "Places" means vessels, railroad cars, automo-biles, aircraft, anrl other vehicles; buildings; docks; nur-series; orchards; and other premises where plants or plant products are grown, kept, or handled.

( 18) "Plant broker" means a person who transacts the transfer of plants from a seller to a buyer and who may or may not be in actual physical possession of the plants.

(19) "Plant pest" rneans any living stage of any in-sects, mites, nematodes, slugs, snails, protozoa, or oth-er invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses, or any organisms similar to or al!ied with any of the foregoing, or any infectious substances which can directly or indi-rectly injure or cause disease or damage in any plants or parts thereof or any processed, manufactured, or oth-er products of plants and which may be a serious agri-cultural threat in Florida.

137

Ch. 581 PLANT INDUSTRY F.S. 1985

(20) "Plants and plant products" means trees, shrubs, vines, forage and cereal plants, and all other plants and plant parts, including cuttings, grafts, scions, buds, fruit, vegetables, roots, bulbs, seeds, wood, lum-ber, and all products made therefrom.

(21) "Quarantine" means an official order issued by the department that regulates the movement of articles, plants, or plant products to prevent the spread of dis-ease or pests.

(22) "Stock dealer" means any person not a grower of nursery stock in this state who buys or otherwise ac-quires nursery stock for the purpose of reselling inde-pendently of any control of a nurseryman, agent, or plant broker, and who at any time maintains physical posses-sion of such nursery stock.

(23) "Technical council" means the Plant Industry Technical Council.

History.-s. 2, ch. 12291, 1927; CGL 3831; s. 7, ch. 22858, 1945; s. 6, ch. 29767, 1955; s. 13, ch. 59-1; s. 1, ch. 59-261; ss. 14, 35, ch. 69-106; s. 242, ch. 71-377; s. 1, ch. 79-158; s. 1, ch. 80-41; s. 1, ch. 84-355: s. 1, ch. 85-283.

Note.-Former s. 581.14.

581.021 Continuance of powers, duties, and juris-diction in department; privileges.-

(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 In-dustry, shall have and exercise all the powers, jurisdic-tion, duties, and authority exercised by, or required of, the State Plant Board, and the provisions of this chapter shall be applicable to the division within the department.

(3) The division and its employees shall be provided the same suitable quarters and faculty privileges, includ-ing but not limited to library facilities, by the University of Florida as the State Plant Board and its employees now enjoy.

Hlstory.-s. 2, ch. 59-261: ss. 14, 35, ch. 69-106, s. 6, ch. 78-95.

581.031 Department; powers and duties.-The de-partment has the following powers and duties:

(1) To make all rules governing nurseries and the movement of nursery stock as may be necessary in the eradication, control, or prevention of the dissemination of plant pests or noxious weeds.

(2) To make and publish standard grades for nur-sery stock.

(3) To make rules governing the grading, marking, sale, and distribution of nursery stock by nurserymen, stock dealers, agents, and plant brokers.

(4) To make rules under which plants and plant products, including nursery stock, may be brought into this state from other states, territories, and foreign coun-tries.

(5) To make such rules with reference to plants and plant products while in transit through this state as may be deemed necessary to prevent the introduction into and dissemination within this state of plant pests and noxious weeds.

(6) To declare a plant pest or noxious weed to be a nuisance as well as any plant or other thing infested or infected therewith or that has been exposed to infesta-tion or infection and therefore likely to communicate same.

(7) To declare a quarantine against any area, place, nursery, grove, orchard, county, or counties within this state, or against other states, territories, or foreign coun-tries, or any portion thereof, in reference to plant pests or noxious weeds and prohibit the movement within this state from other states, territories, or foreign countries of all plants, plant products, or other things from such quarantined places or areas which are likely to carry such plant pests or noxious weeds if such quarantine is determined, after due investigation, to be necessary in order to protect the agricultural and horticultural inter-ests of this state. In such cases, the quarantine may be made absolute or rules may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, or sold or otherwise dis-posed of, in this state.

(8) To make and publish reasonable rules governing the application for, and issuance, suspension, and revo-cation of, certificates of registration and of inspection.

(9) To enter into cooperative arrangements with any person, municipality, county, and other department of this state and boards, officers, and authorities of other states and the United States for inspection with refer-ence to plant pests and noxious weeds for the control and eradication thereof and contribute a just proportion-ate share of the expenses incurred under such arrange-ments.

(10) To publish at regular intervals, to be determined by it, an official organ of the department for public distri-bution. It may from time to time publish and distribute to the public such further information as may be deemed necessary.

(11) To suspend or revoke certificates of inspection and of registration of nurserymen, stock dealers, agents, and plant brokers in the state.

(12) To purchase all necessary materials, supplies, office and field equipment, and other things and make such other expenditures as may be essential and neces-sary in carrying out the provisions of this chapter within the limits of the amount appropriated by law.

(13) To enforce the provisions of this chapter by writ of injunction in the proper court as well as by criminal proceedings.

(14) To test nursery stock to determine freedom from specific diseases and to register such stock. Nur-sery stock found free of the diseases for which it was tested may be propagated by the department, if author-ized by the owner, and reproductive parts distributed in limited quantities to qualified persons for further propa-gation under procedures prescribed by the department when recommended by the industry concerned. The de-partment may prescribe standards and procedures for the propagation and distribution of new or superior strains of plants when not provided for by other agen-cies and upon recommendation of the industry con-cerned. The department may prescribe a fee for such services, provided the fee does not exceed the cost of the services rendered, and may sell at a reasonable price any plant or plant part that may result from the propagation of tested plants as sources of propagating material for distribution to the industry. Also, the depart-ment may sell in the best interest of the state any fruit produced incidental to such propagation.

138


(15) To inspect plants, plant products, or other things and substances that may, in its opinion, be capa-ble of disseminating or carrying plant pests or noxious weeds, and for this purpose shall have power to enter into or upon any place and to open any bundle, pack-age, or other container containing, or thought to contain, plants or plant products or other things capable of dis-seminating or carrying plant pests or noxious weeds and to obtain and examine any records pertaining thereto, or to obtain a subpoena duces tecum for such records, to facilitate determination of the origin of plant pests or noxious weeds for the purpose of plant pest control pro-grams.

(16) To carry on investigations of methods of con-trol, eradication, and prevention of dissemination of plant pests or noxious weeds.

(17) To supervise, or cause to be supervised, the treatment, cutting, and destruction of plants, plant parts, fruit, soil, containers, equipment, and other arti-cles capable of harboring plant pests or noxious weeds, if they are infested or located in an area which may be suspected of being infested or infected due to its prox-imity to a known infestation, or if they came from a situa-tion where they were reasonably exposed to infestation, when necessary to prevent or control the dissemination of plant pests or noxious weeds or to eradicate same and to make rules therefor.

(18) To inspect, or cause to be inspected, all nur-series and nursery stock in the state at such intervals as it may deem best and to keep a complete, accurate, and current list of all certified nurseries, which list will in-clude:

(a) The name of the nursery. (b) The name of the owner of the nursery. (c) The mailing address of the nursery. (d) The location of the nursery. (e) The type of crop grown. (f) The size in acreage of the nursery. (g) The type of stock dealer or plant broker. (19) To demand of any person who has in his pos-

session or under his control plants or plant products or other things likely to carry plant pests or noxious weeds full information as to the origin and source of same; and it is a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, ors. 775.084, for such person to refuse to give the information demanded, if able to do so.

(20) To intercept and hold for inspection, or cause to be inspected while in transit or after arrival at their destination, all plants, plant products, or other things likely to carry plant pests or noxious weeds being moved into this state from another state, a territory, or a foreign country; and, if, upon inspection, such material is found to be infested or infected with a plant pest or noxious weed or if such material is believed to be likely to com-municate or transmit such pest or weed or is being or has been transported in violation of any of the rules of the department, such plants, plant products, or other things may be treated when necessary and released, re-turned to the sender, or destroyed.

(21) To make and issue certificates of registration and of inspection to nurserymen, stock dealers, agents, and plant brokers, after proper certification of their nur-

sery stock, authorizing them to do business as nursery-men, stock dealers, agents, or plant brokers within the state.

(22) To collect or accept from other agencies or indi-viduals specimens of arthropods, nematodes, fungi, bacteria, parasitic plants, or other organisms for positive identification and to provide suitable space for their stor-age and maintenance. The department arthropod col-lection will be known as the "Florida State Collection of Arthropods."

(23) To provide, when requested by farmers, grow-ers, or other interested parties, special inspections, spe-cial pest identifications, special plant identifications, special plant diagnostic services, other special diagnos-tic services, other special certifications, special investi-gations, and special regulatory activities not otherwise specifically provided for in these statutes and to pre-scribe the fee for such services, except that the fee may not exceed the cost of the service rendered, including the salaries and expenses of the personnel involved.

(24) To prescribe the duties of assistants, author-ized representatives, inspectors, and other employees as may be required and delegate to such assistants, au-thorized representatives, inspectors, and other employ-ees such powers and authority as may be deemed prop-er within the limits of the powers and authority conferred upon the director by this chapter.

(25) To enter into cooperative arrangements with any person, firm, agency, company, or other entity for the production and distribution of organisms, pesti-cides, chemical compounds, or other methods of control investigated, discovered, or developed by, or with the assistance of, the department through the Division of Plant Industry and to accept a royalty or other remunera-tion for its services or contributions, any proceeds from which shall be deposited in the Plant Industry Trust Fund.

History.-s. 3, ch. 59-261: s. 1, ch. 61-409; ss. 1, 2, ch. 65-202: ss. 14, 35, ch. 69-106: s. 1, ch. 70-38: s. 1. ch. 70-49; s. 1, ch. 70-439: s. 598, ch. 71-136: s. 1, ch. 75-165; s. 1, ch. 76-95: s. 1, ch. 77-174: s. 3, ch. 77-386: s. 6, ch. 78-95: s. 2, ch. 79-158; s. 2, ch. 80-41: s. 1, ch. 84-60; s. 2, ch. 84-355; s. 2, ch. 85-283.

581.041 Director of Division of Plant Industry; pow-ers and duties.-The director shall have authority to carry out any of the powers and duties of the depart-ment as authorized in s. 581.031, or as directed by the department.

History.-s 4, ch. 59-261: s. 2, ch. 61-409; ss. 14, 35, ch. 69-106. cf.- s. 570.33 Qualifications and duties of director of Div1s1on of Plant Industry.

581.071 Principal responsible for actions of em-ployees.-ln 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 associa-tion, partnership, corporation, or other principal within the scope of his employment or office shall in every case be deemed the act, omission, or failure of such associa-tion, partnership, corporation, or other principal as well as that of the individual.

History.-s. 12, ch. 12291, 1927; CGL 3840; s. 7, ch. 59-261; s. 3, ch. 84-355. Note.-Former s. 581.10

581.083 Introduction of plant pests, noxious weeds, or organisms affecting plant life.-The intro-duction into this state of any plant pest or noxious weed or any other organism which may directly or indirectly at-

139


feet the plant life of this state as an injurious pest, para-site, or predator of other organisms is prohibited, except under special permit issued by the department through the division, which shall be the sole issuing agency for such special permits. Except for research projects ap-proved by the department, no permit for any parasitic or-ganism shall be issued unless the department has de-termined that the parasite, predator, or biological control agent is a target organism or plant specific and not likely to become a pest of plants or other beneficial organ-isms. The department may rely on findings of the De-partment of Natural Resources and the United States Department of Agriculture in making any determination about organisms used for the biological control of aquat-ic plants.

History.-s. 7, ch. 12291, 1927; CGL 3836; s. 8, ch. 59-261; s. 3, ch. 61-409; s. 2, ch. 70-49; s. 1, ch. 73-82; s. 1, ch. 77-174; s. 3, ch. 79-158; s. 1, ch. 82-34.


581.091 Information to department.-Any person, including a common carrier, who receives plants, plant products, or other things sold, given away, carried, shipped, or delivered for carriage or shipment within this state, as to which provisions of this chapter and the rules adopted pursuant thereto have not been complied with, shall immediately inform the director or an author-ized representative of the division and isolate and hold the said plant, plant product, or other thing unopened or unused subject to such inspection or other disposi-tion as may be provided by the director.

History.-s. 8, ch. 12291, 1927; CGL 3837; s. 9, ch. 59-261; s. 4, ch. 79-158. Note.-Former s. 581.06.

581.101 Quarantines; declaration; confiscation of contraband; removal or tampering with tag or certifi-cate.-

(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, it is unlawful thereafter, until such quarantine is removed, for any person to introduce into this state, or to move or dispose of within this state, any plant, plant product, or other thing included in such quarantine, except under such rules as may be pre-scribed by the department.

(2) Any plant, plant product, or other thing included under a quarantine which is moved or disposed of within the state in violation of this section, and any plant propa-gated from such plant, plant product, or other thing, is contraband and shall be confiscated and destroyed by the department without compensation.

(3) It is unlawful for any person to remove from any plant or plant product any official quarantine tag or cer-tificate of the department, or to destroy or disguise any such tag or certificate, without prior authorization from an authorized representative of the department.

Hlstory.-s. 9, ch. 12291, 1927; CGL3838; s. 10, ch. 59-261; ss. 14, 35, ch. 69-106; s. 3, ch. 70-49; s. 1, ch. 70-439; s. 244, ch. 71-377; s. 1, ch. 77-98; s. 1, ch. 77-386; s. 5, ch. 79-158; s. 4, ch. 84-355.


581.111 Emergency.-An emergency is any situa-tion wherein 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.

Hi1tory.-s. 11, ch. 59-261; ss. 14, 35, ch. 69-106; s. 6, ch. 78-95; s. 6, ch. 79-158.

581.121 Nursery stock; prohibited conduct.-lt 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 ship-ment any nursery stock except in compliance with the provisions of this chapter and the rules made pursuant to law.

Hlstory.-s. 10, ch. 12291, 1927; CGL 3839; s. 12, ch. 59-261; s. 3, ch. 80-41. Note.-Former s. 581.08.

581.122 Nursery stock; thefts and trespass.-(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 his agent.

(2) It is unlawful for any person to enter the premises of any nursery whenever the nursery is not open for busi-ness, without the written or oral consent of the owner of the nursery or his agent.

Hlatory.-s. 2, ch. 76-95.

581.131 Certificate of registration.-Before any nurseryman shall sell or distribute, or offer for sale or for distribution, any nursery stock in this state, he shall make application to the director of the division, on forms supplied by the division, to obtain a certificate of regis-tration. Before any stock dealer, agent, or plant broker shall sell or distribute, or offer for sale or for distribution, any nursery stock in this state, he shall make application to the director of the division, on forms supplied by the division, to obtain a certificate of registration for each outlet. Each application for a certificate of registration shall be accompanied by a certificate fee in such amount as shall be determined by the department. Upon the issuance of such certificate, it shall be re-newed annually thereafter on its anniversary date upon satisfactory showing to the director of the division that the provisions of this law and the rules of the department have been complied with and upon the payment of an annual renewal fee in such amount as shall be deter-mined by the department. However, neither the certifi-cate of registration fee nor the annual renewal fee shall exceed $400. Further, the department may exempt from the payment of a certificate fee those governmental agency nurseries whose nursery stock is used exclu-sively for planting on their own property. All applications for annual renewal of certificates of registration required by this section shall be made not later than the anniver-sary date of the certificate being renewed, and any such application received after such date shall be accompa-nied by a penalty or late filing fee not to exceed $10.

Hiatory.-s. 4, ch. 29767, 1955; s. 13, ch. 59-261; s. 2, ch. 61-119; s. 1, ch. 63-115; s. 1, ch. 65-539; ss. 14, 35, ch. 69-106; s. 1, ch. 74-10; s. 7, ch. 79-158; s. 4, ch. 80-41; s. 415, ch. 81-259; s. 3, ch. 85-283.


581.141 Certificate of registration or of inspection; revocation and suspension; fines.-

(1) REVOCATION AND SUSPENSION.-lf it is deter-mined by the department that any nurseryman, stock dealer, agent, or plant broker is selling or offering for

140


sale, or is distributing or offering to distribute, nursery stock in violation of the provisions of this chapter and the rules promulgated hereunder, or has aided or abet-ted in such violation, the department may revoke or sus-pend his certificate of registration or annual renewal thereof or the use of any certificates, permits, or agree-ments issued by the division. Further, the department may refuse or suspend the certification of any nursery stock or plant product when it is determined that plant pests exist on such stock or product or that the nursery or site is in such condition with regard to growth and cul-tivation that an efficient inspection for plant pests can-not be made.

(2) FINES.-(a) The department may, after notice and hearing,

impose a fine not exceeding $5,000 for the violation of any of the provisions of this chapter or the rules adopted hereunder upon any person, nurseryman, stock dealer, agent, or plant broker, which fine, when paid, shall be deposited in the Plant Industry Trust Fund. The imposi-tion of a fine pursuant to this subsection may be in addi-tion to or in lieu of the suspension or revocation of acer-tificate of registration or certificate of inspection.

(b) Whenever any administrative order has been made and entered by the department imposing a fine upon any such person pursuant to this subsection, the order shall specify the amount of the fine and the time limit, which shall not exceed 15 days, for payment there-of. Upon failure of such person to pay the fine within such time, the certificate of registration or certificate of inspection of such nurseryman, grower, stock dealer, agent, or plant broker may be suspended or revoked without further hearing; and a fine of $100 per day may be imposed on such person while in violation of such or-der.

History.-s. 5, ch. 2fJ767, 1955; s. 14, ch. 59-261; ss. 14, 35, ch. 69-106; s. 1, ch. 70-39; s. 1, ch. 70-439; s 6, ch. 78-95; s. 5, ch. 80-41; s. 2, ch. 84-60; s. 5, ch. 84-355; s. 4, ch. 85-283.

Note.--Former s. 581.082.

581.142 Viable nursery stock; requirements for sale.-

(1) It shall be unlawful to sell or offer for sale any plant or nursery stock unless such 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) Nursery stock or a plant that is capable of living and accomplishing the purpose for which it is grown, whether foliage, flowers, fruit or special use shall be con-sidered viable.

(3) The basic requirements of viable nursery stock or a viable plant are as follows:

(a) Same must be free of physiological and patho-logical defects to the extent that all essential parts may function normally.

(b) The root system must have adequate roots or the ability to produce them to support normal perform-ance of all essential parts of the plant. The root system must be adequately protected to prevent excessive loss of moisture while in storage and transit.

(c) Trunk and branches must be capable of trans-porting fluids throughout the plant and be free from any infirmity of a permanent nature which would interfere

141

with this function. Any damaged branches must be ca-pable of being pruned without seriously deterring growth of the plant.

(d) Leaves must be capable of performing essential manufacturing functions, such as photosynthesis. In the case of deciduous plants, when void of leaves, must have the ability to put out new leaves capable of func-tioning normally.

History.-ss. 1, 2, 3, 4, 5, 6, ch. 63-260; ss. 14, 35, ch. 69-106; s. 599, ch. 71-136; s 6, ch. 78-95; s. 11, ch. 79-158.

581.151 Control of spreading decline.-The de-partment is empowered to join with the U.S. Department of Agriculture or to proceed independently in a program to control and eradicate, wherever possible, spreading decline resulting from a burrowing nematode (Fia-dopho/us similis (Cobb) Thorne) in the state.

History.-s. 15, ch. 59-261.

581.161 Fumigation or treatment of plants and plant products.-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 ex-posed to infestation or infection that it is reasonably be-lieved that infestation or infection could exist. Fumiga-tion or treatment may be performed by employees of the division or other persons supervised by an authorized representative of the division.

History.-s. 1, ch. 31392, 1956; s. 16, ch. 59-261; ss. 14, 35, ch. 69-106; s. 8, ch. 79-158; s 5, ch. 85-283

Note.-Former s 581.16.

581.171 Printed copies as evidence.-Printed cop-ies of all acts, rules, regulations, standard grades of nur-sery stock, quarantines or notices of the department which shall be published under the authority of the de-partment shall be admitted as sufficient evidence of such acts, rules, regulations, standard grades of nursery stock, quarantines or notices in all courts and on all oc-casions whatsoever; provided the correctness of such copies be certified by the department.

Hlstory.-s. 5, ch. 122fJ1, 1927; CGL 3834; s. 3, ch. 29767, 1955; s. 17, ch. 59-261; SS. 14, 35, ch. 69-106.


581.181 Notice of infection of plants; destruction. (1) If the director or his authorized representative

finds, on examination, any plant or plant product infest-ed or infected with plant pests or noxious weeds, he shall notify in writing the owner or person having charge of such premises to that effect, and the owner or person in charge shall, within 10 days after such notice, cause the removal and destruction of the infested and infected plant or plant product if it is incapable of successful treatment; otherwise, such owner or person in charge shall cause it to be treated as directed in the notice by the director or an authorized representative of the divi-sion. No damage shall be awarded to the owner for the destruction of the infested or infected plant or plant product under the provisions of this chapter.

(2) In case the owner or person in charge shall re-fuse or neglect to comply with the terms of the notice within 10 days after receiving it, the director or his autho-rized representative may, under authority of the depart-ment, proceed to treat or destroy the infested or in-fected plant or plant product. The expense thereof shall

Ch.581 PLANT INDUSTRY F.S. 1985

be assessed, collected, and enforced against the owner by the department.

Hietory.-s. 18, ch. 59-261: s. 6, ch. 61-409: ss. 14, 35, ch. 69-106; s. 4, ch. 70-49; s. 9, ch. 79-158.

581.182 Citrus plants and citrus plant products from other states, territories, or foreign countries.-

(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 there-from without a permit issued by the department. Any such citrus plant or citrus plant product or propagation therefrom introduced into the state from another state, territory, or foreign country without a permit issued by the department, or any plants propagated thereafter from such materials, are unlawful and declared to be contraband and shall be confiscated and destroyed. No compensation shall be allowed for any plant, product, or propagation confiscated and destroyed pursuant to this section.

(2) Application for a permit to introduce into this state from another state, territory, or foreign country any citrus plant or citrus plant product or propagation there-from shall be made on an application form to be formu-lated by the department.

(3) In considering an application for a permit to intro-duce into this state from another state, territory, or for-eign country any citrus plant or citrus plant product or propagation therefrom, the department shall consider the following guidelines:

(a) Only budwood of clones not available in Florida will be introduced, and no citrus budwood will be permit-ted entry if the desired clone is known to be reproduc-ible by seed. Not more than 25 buds of any single clone will be permitted entry.

(b) The clones introduced must: 1. Have been evaluated by the Citrus Budwood

Registration Committee as having desirable and superi-or characteristics to warrant testing under Florida field conditions prior to possible release as a new clone; or

2. Be of a type desirable: a. For research; or b. As a breeding stock to be used by the agricultural

experiment stations in Florida. (c) The parent trees from which the imported citrus

budwood is to be taken must be free, or apparently free, from serious citrus pests. Whenever possible, budwood must be taken from plants adequately tested and certi-fied free of disease at the point of origin.

(d) Each shipment of imported citrus budwood must be accompanied by a special permit issued by the Divi-sion of Plant Industry of the Department of Agriculture and Consumer Services and must be sent directly to the Division of Plant Industry in Gainesville, Florida.

(e) All introduced citrus budwood must be grown for a minimum of 21/2 years in a secure Division of Plant In-dustry greenhouse or screenhouse that has been made as insect-proof as feasible, or under other acceptable conditions mutually agreed upon by the division and the importer of budwood. It shall be isolated from other cit-rus as much as possible. During this period, introduced budwood shall be subject to tests for tristeza, vein ena-tion, yellow vein, exocortis, psorosis, xyloporosis, stub-

born, tatter leaf, and all other known citrus virus diseas-es for which there are reliable tests. Such tests will be started as soon as possible after arrival of the budwood in Florida. After a complete determination, the budwood will be released to the person or institution responsible for its growing, testing, propagation, and distribution.

(f) At the end of no less than 21/2 years, or when tests are completed, new clones will be evaluated by the Citrus Budwood Registration Committee. If the commit-tee recommends the release and distribution of any clone to the industry, a portion of this clone will be vali-dated and maintained in a Division of Plant Industry planting.

Hletory.-s. 1, ch. 76-189.

581.183 New citrus varieties.-lt is unlawful for any person to sell or propagate for sale any tree which repre-sents 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 prop-agated by graft or budwood from a tree which the De-partment of Agriculture and Consumer Services has not indexed and certified as free from citrus diseases, in-cluding, but not limited to, tristeza, necrotic ring spot, exocortis, xyloporosis, psorosis, and vein enation. The cost of indexing shall be paid by the person desiring to have the tree indexed. Any tree offered for sale or sold which was propagated from a tree which is not indexed is contraband and shall be confiscated and destroyed by the department without compensation.

Hletory.-s. 2, ch. 77-98; s. 2, ch. 77-386.

581.185 Preservation of native flora of Florida.-(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 na-tive to the state that are endangered, threatened, or commercially exploited; protect the native flora from un-lawful harvesting on both public and privately owned lands; provide an orderly and controlled procedure for restricted harvesting of native flora from the wild, thus preventing wanton exploitation or destruction of native plant populations; encourage the propagation of native species of flora; and provide the people of this state with the information necessary to legally harvest native plants so as to ultimately transplant those plants with the greatest possible chance of survival.

(2) DEFINITIONS.-(a) "Commercially exploited plants" means species

native to the state which are subject to being removed in significant numbers from native habitats in the state and sold or transported for sale.

(b) "Endangered plants" means species of plants na-tive to the state that are in imminent danger of extinction within the state, the survival of which is unlikely if the causes of a decline in the number of plants continue, and includes all species determined to be endangered or threatened pursuant to the Federal Endangered Spe-cies Act of 1973, as amended, Pub. L. No. 93-205 (87 Statute 884).

(c) "Harvest" means to dig up, remove, or cut and re-move from the place where grown.

(d) "Landowner" includes the public agency admin-istering any public lands.

142


(e) "Plant" means any member of the plant kingdom, including reproductive and vegetative parts thereof.

(f) "Regulated Plant Index" means the total number of species native to the state that are listed as commer-cially exploited plants, endangered plants, and threat-ened plants.

(g) "Species" means a category used in classifica-tion of plants by the binomial system of nomenclature which differentiates between plants of a given genus. This includes any subordinate subspecies or variety.

(h) "Threatened plants" means species native to the state that are in rapid decline in the number of plants within the state, but which have not so decreased in such number as to cause them to be endangered.

(3) PROHIBITIONS; PERMITS.-(a) With regard to any plant listed as an endangered

plant on the Regulated Plant Index provided in subsec-tion (5), it is unlawful for any person to willfully destroy or harvest any such plant growing on the private land of another or on any public land without first obtaining the written permission of the landowner or legal representa-tive thereof and a permit from the department as provid-ed in this section. However, permits cannot be issued for species listed on the Federal Endangered Species List under the Federal Endangered Species Act of 1973, as amended.

(b) With regard to any plant listed as a threatened plant on the Regulated Plant Index provided in subsec-tion (5), it is unlawful for any person to willfully destroy or harvest any such plant growing on the private land of another or on any public land without first obtaining the written permission of the landowner or legal representa-tive thereof.

(c) With regard to any plant listed as a commercially exploited plant on the Regulated Plant Index provided in subsection (5), it is unlawful for any person to willfully destroy or harvest one or two such plants growing on the private land of another or on any public land without first obtaining the written permission of the landowner or legal representative thereof or to destroy or harvest three or more such plants without first obtaining permis-sion from the landowner or legal representative thereof and a permit from the department.

(d) With regard to any plant listed on the Regulated Plant Index provided in subsection (5), it shall be unlaw-ful for any person to falsify any paper or document is-sued to give permission for any person to destroy or har-vest such plants, or to fail to comply with all conditions or stipulations of any permit issued, or to transport, car-ry, or convey on any public road or highway or sell or of-fer for sale in any place any such plant collected in viola-tion of this section. Any person willfully destroying or harvesting; transporting, carrying, or conveying on any public road or highway; or selling or offering for sale any plant listed in the Regulated Plant Index must have a permit, if applicable, and the written permission required by this section in his immediate possession at all times when engaged in any of such activities.

(4) RULES.-The department is authorized to es-tablish rules relating to the issuing of permits required by this section. The department may also establish by rule specific cutting, harvesting, and plant care criteria which shall include the most favorable and practical hor-

ticultural methods and seasons to assure the survival of the plants, minimize environmental damage, and pro-vide for natural regeneration. Such rules shall be consis-tent with the legislative intent cited in this section and with the provisions and requirements of the Federal En-dangered Species Act of 1973, as amended.

(5) REGULATED PLANT INDEX.-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 choriophylla (tamarindillo). 2. Acrostichum aureum (golden leather fern). 3. Adiantum melanoleucum (fragrant maidenhair

fern). 4. 5. 6. 7. 8. 9. 10.

wort). 11. 12. 13. 14. 15. 16. 17. 18.

ch id).

Amorpha crenulata (Miami lead plant). Aquilegia canadensis (Columbine). Aristida floridana (Key West three-awn). Asclepias curtissii (Curtiss milkweed). Asimina tetramera (four-petal pawpaw). Asplenium auritum (auricled spleenwort) (fern). Asplenium monanthes (San Felasco spleen-

Asplenium pumilum (dwarf spleenwort). Asplenium serratum (bird's-nest spleenwort). Blechnum occidentale (sinkhole fern). Bonamia grandiflora (Florida bonamia). Bulbophyllum pachyrhachis (Rat-tail orchid). Burmannia flava (Fakahatchee Burmannia). Campanula robinsiae (Chinsegut bellflower). Campylocentrum pachyrrhizum (leafless or-

19. Campyloneurum angustifolium (narrow swamp fern).

20. Cassia keyensis (Key cassia). 21. Catesbaea parviflora (dune lily-thorn). 22. Catopsis spp. (all native species catopsis). 23. Celtis iguanaea (Iguana hackberry). 24. Ceftis pa/Iida (spiny hackberry). 25. Centrogenium setaceum (spurred Neottia). 26. Cereus eriophorus (Indian River prickly-apple). 27. Cereus gracilis (West Coast prickly-apple). 28. Cereus robinii (tree cactus). 29. Chamaesyce garberi (Garber's spurge). 30. Chionanthus pygmaeus (pygmy fringe-tree). 31. Chrysophy//um oliviforme (satinleaf). 32. Chrysopsis cruiseana (Cruise's golden-aster). 33. Chrysopsis f/oridana (Florida's golden-aster). 34. Clusia rosea (balsam apple).

35. 36. 37.

gourd). 38. 39.

ch id).

Cordia sebestena (Geiger tree). Croomia pauciflora (croomia). Cucurbita okeechobeensis (Okeechobee

Cupania glabra (cupania). Cyrtopodium punctatum (cowhom or cigar or-

40. Oeeringothamnus pulche//us (white squirrel-banana).

41. Oeeringothamnus rugelii (yellow squirrel-banana).

143


42. Dennstaedtia bipinnata (cuplet fern). 43. Dicerandra cornutissima (Robin's mint). 44. Oicerandra frutescens (Lloyd's mint). 45. Oicerandra immaculata (Olga's mint). 46. Encyclia boothiana (Epidendrum boothianum)

(dollar orchid). 47. Encyclia pygmaea (dwarf epidendrum). 48. Epidendrum acunae (Acuna's epidendrum). 49. Epigaea repens (trailing arbutus). 50. Eugenia rhombea (red stopper). 51. Gentiana pennelliana (wiregrass gentian). 52. Gossypium hirsutum (wild cotton). 53. Guaiacum sanctum (lignum vitae). 54. Guzmania monostachia (Fuch's bromeliad). 55. Harperoca!lis flava (Harper's beauty). 56. Hedeoma graveolens (mock pennyroyal). 57. Hepatica americana (liverleaf). 58. Hypericum cumulicola (highlands scrub hy-

pericum). 59. Hypericum lissophloeus (smooth-barked St.

Johns-wort). 60. lonopsis utricularioides (delicate ionopsis or-

chid). 61.

tia). 62. 63. 64. 65. 66. 67. 68. 69. 70. 71.

moss). 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. 88.

romia). 89. 90. 91. 92. 93. 94. 95. 96.

Jacquemontia curtissii (pineland jacquemon-

Jacquemontia reclinata (beach jacquemontia). Justicia cooleyi (Cooley justicia). Lepanthopsis melanantha (tiny orchid). Liatris ohlingerae (scrub blazing-star). Liatris provincialis (Godfrey's blazing-star). Licaria triandra (licaria). Lilium irido!lae (panhandle lily). Linum arenicola (sand flax). Lupinus aridorum (McFarlin's lupine). Lycopodium dichotomum (hanging club-

Macbridea alba (white birds-in-a-nest). Magnolia ashei (Ashe magnolia). Magnolia pyramidata (pyramidal magnolia). Ma!lotonia gnaphalodes (sea-lavender). Mate/ea spp. (all native species) (spiny-pod). Maxi/laria crassifolia (hidden orchid). Monotropa hypopithys (pine-sap). Monotropsis reynoldsiae (pygmy-pipes\. Nemastylis floridana (fall-flowering ixia). Nolina atopocarpa (Florida beargrass). Okenia hypogaea (burrowing four-o'clock). Oncidium variegatum (dancing-lady orchid). Ophioglossum palmatum (hand fern). Oxypolis greenmanii (giant water-dropwort). Pachysandra proc!.lmbens (Allegheny-spurge). Parnassia grandifolia (grass-of-Parnassus). Peperomia spp. (all native species) (pepe-

Phoradendron rubrum (mahogany mistletoe). Pityopsis flexuosa (golden-aster). Polygala /ewtonii (Lewton polygala). Polygala sma/lii (tiny polygala). Polyrrhiza lindenii (ghost orchid). Pseudophoenix sargentii (buccaneer palm). Remirea maritima (beach-star). Restrepie/la ophiocephala (snake orchid).

97. Rhexia parvif!ora (Apalachicola meadow-beauty).

98. Rhipsalis baccifera (mistletoe cactus). 99. Rhododendron alabamense (Alabama azalea). 100. Rhododendron austrinum (orange azalea). 101. Rhododendron chapmanii (Chapman's rhodo-

dendron). 102. Ribes echinellum (Miccosukee gooseberry). 103. Roystonea elata (Florida royal palm). 104. Rudbeckia nitida (St. John's-Susan). 105. Sachsia bahamensis (Bahama sachsia). 106. Sarracenia leucophyfla (white-top pitcher-

plant). 107. 108. 109. 110. 111 .

tresses).

Sarracenia rubra (red-flowered pitcher-plant). Schizaea germanii (tropical curly-grass). Spigelia gentianoides (gentian pinkroot). Spigelia loganioides (Levy pinkroot). Spiranthes polyantha (Ft. George ladies-

112. Stewartia malacodendron (silky camellia). 113. Strumpfia maritima (pride-of-big-pine). 114. Suriana maritima (bay cedar). 115. Taxus floridana (Florida yew). 116. Tectaria coriandrifolia (Hattie Bauer halberd

fern). 117 Tillandsia pruinosa (fuzzy-wuzzy air-plant). 118. Torreya taxifolia (Florida torreya). 119. Trillium lancifolium (lance-leaved wake-robin). 120. Tropidia polystachya (Young-palm orchid). 121. Vanilla barbe/lata (worm-vine orchid). 122. Veratrum woodii (false hellebore). 123. Vicia ocalensis (Ocala vetch). 124. Viola hastata (halberd-leaved yellow violet). 125. Warea amplexifolia (clasping warea). 126. Warea carteri (Carter-warea). 127. Xyris /ongisepala (Karst pond xyris). 128. Zanthoxylum f/avum (yellowheart). 129. Zephyranthes simpsonii (Simpson zer:-hyr-lily). (b) Threatened Plant List.-The following plants

shall be included in the Threatened Plant List: 1. Brome/iads-all species of the bromeliad fami-

ly, sometimes known as air plants or wild pines, native to the state except Tillandsia usneoides, the Spanish moss, and Tillandsia recurvata, the ball moss, which are specifically excluded from this section, and except those included in the Endangered Plant List or the Com-mercially Exploited Plant List.

2. Cacti-all native species of cacti, except the spreading or prostrate-growing species of Opuntia, which are specifically excluded from this section, and except those included in the Endangered Plant List or the Commercially Exploited Plant List.

3. Fems-all species of the fern families native to the state, except Blechnum serrulatum (swamp fern), Osmunda (cinnamon and royal fern), Polypodium aureum (serpent fern), Po!ypodium polypodioides (res-urrection fern), Pteris aquilinum (common bracken), The-lypteris norma!is (shield fern), and Woodwardia virginica (Virginia chain fern), which are specifically excluded

from this section, and except those included in the En-dangered Plant List or the Commercially Exploited Plant List.

144


4. //ex-all native species (holly), except /Jex cas-sine (cassine), /Jex coriacea (large gallberry), /Jex g/abra (gallberry), /lex myrtifolia (myrtle-leafed holly), /lex opa-

ca (American holly), and /lex vomitoria (yaupon), which are specifically excluded from this section, and except those included in the Endangered Plant List or the Com-mercially Exploited Plant List.

5. Orchids-al! species of the orchid family, both epiphytic and terrestrial, native to the state, except those included in the Endangered Plant List or the Com-mercially Exploited Plant List.

6. Palms-all species of the palm family native to the state, except Sabal palmetto (cabbage palm) and Serenoa repens (saw palmetto) and except those includ-ed in the Endangered Plant List or the Commercially Ex-ploited Plant List.

7. Rhododendron-all native species (azalea), except those included in the Endangered Plant List or the Commercially Exploited Plant List.

8. Zephyranthes-all white species (zephyr-lily), except those included in the Endangered Plant List or the Commercially Exploited Plant List.

9. Actaea pachypoda (baneberry). 10. Anemone/la thalictroides (Rue-anemone). 11. Aristolochia tomentosa (Dutchman's pipe). 12. Asc/epias curtisii (sandhill milkweed). 13. Asclepias viridula (green milkweed). 14. Aster spinulosus (pinewoods aster). 15. Baptisia hirsuta (hairy wild-indigo). 16. Baptisia megacarpa (Apalachicola wild-

indigo). 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34.

violet). 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46.

Baptisia simplicifo/ia (scare-weed). Brickellia cordifolia (Flyr's nemesis). Bumelia lycioides (buckthorn). Cacalia diversifolia (Indian-plantain). Calamintha ashei (Ashe Calamintha). Callirhoe papaver (poppy mallow). Calycanthus floridus (sweet-shrub). Cienfuegosia heterophylla (yellow hibiscus). Clitoria fragrans (pigeon-wing). Commelina gigas (climbing dayflower). Conradina g/abra (Apalachicola rosemary). Camus alternifo/ia (pagoda dogwood). Cryptotaenia canadensis (honewort). Orosera intermedia (water sundew). Eragrostis tracyi (Sanibel lovegrass). Eriogonum floridanum (scrub buckwheat). Ernodea littora/is (beach-creeper). Erythronium umbilicatum (dimpled dogtooth

Eugenia confusa (redberry eugenia). Eugenia simpsonii (Simpson eugenia). Garberia heterophylla (garberia). Hartwrightia floridana (hartwrightis). Hexastylis arifo/ia (heartleaft). Hippomane mancinella (manchineel). Hydrangea arborescens (wild hydrangea). Hype/ate trifoliata (inkwood). Hypericum edisonianum (Edison ascyrum). /lex krugiana (Krug holly). 11/icium floridanum (Florida anise). 11/icium parviflorum (star anise).

47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59.

ties). 60. 61. 62.

weed). 63.

thumb).

Jacquinia keyensis Uoewood). Kalmia latifolia (mountain laurel). Lietneria floridana (corkwood). Lilium catesbaei (catesby lily). Unum westii (west flax). Litsea aestivalis (pond-spice). Lobelia cardinalis (cardinal flower). Lupinus westianus (Gulfcoast lupine). Magnolia acuminata (cucumber-tree). Matus angustifolia (crabapple). Marsha//ia obovata (Barbara's-buttons). Medea/a virginiana (Indian cucumber-root). Phyllanthus liebmannianus (pine-wood dain-

Pinckneya bracteata (fever-tree). Po/ygala rugelii (big yellow polygala). Po/ygonella macrophylla (large-leaved joint-

Polygonum meisnerianum (Mexican tear-

64. Prunus geniculata (scrub plum). 65. Rhexia lutea (yellow meadow-beauty). 66. Ruellia noctiflora (night-flowering ruellia). 67. Salix f/oridana (Florida willow). 68. Sarracenia minor (hooded pitcher-plant). 69. Sarracenia psittacina (parrot pitcher-plant). 70. Scaevola plumieri (inkberry). 71. Schisandra glabra (schisandra). 72. Sphenostigma coelestinum (Bartram's ixia). 73. Staphylea trifolia (bladder-nut). 7 4. Swietenia mahagoni (mahogany). 75. Tetrazygia bicolor (tetrazygia). 76. Ti/landsia f/exuosa (twisted air-plant). 77. Verbesina chapmanii (Chapman crownbeard). 78. Xyris scabrifo/ia (Harper's yellow-eyed-grass). (c) Commercially Exploited Plant List.-The follow-

ing plants shall be included in the Commercially Exploit-ed Plant List:

1. Coccothrinax argentata (silver palm). 2. Osmunda regalis (royal fern). 3. Rhapidophyllum hystrix (needle palm). 4. Rhododendron canescens (pink azalea). 5. Thrinax f/oridana (Florida thatch palm). 6. Thrinax microcarpa (brittle thatch palm). 7. Tillandsia fasciculata (common wild-pine). 8. Tillandsia utriculata (giant wild-pine). 9. Zamia spp. (all native species) (coontie). (6) ADHERENCE TO SECTION 6 OF THE ENDAN-

GERED SPECIES ACT.-The Federal Endangered Spe-cies Act of 1973, as amended, promulgated by the U.S. Congress, classifies species of plants as endangered or threatened and places certain limitations on removal of these plants from the wild:

(a) Those plants listed as endangered under the Federal Endangered Species Act of 1973, as amended, are restricted in collection, movement, and handling un-der this statute to conform with the regulations of the Endangered Species Act, and rules and regulations of the United States Department of the Interior regarding endangered plants. Nothing in this statute shall be con-strued to permit a person to violate any provision of the Federal Endangered Species Act of 1973, as amended.

145

Ch.581 PLANT INDUSTRY F.S. 1985

Those plants listed as endangered on the federal list and known to be established in Florida are

1. Cerus robinii (tree cactus). 2. Harperocallis f/ava (Harper's beauty). 3. Rhododendron chapmanii (Chapman's rhodo-

dendron). 4. Torreya taxifolia (Florida torreya). 5. Any other species of plants known to be estab-

lished in Florida, which may be added to the Federal En-dangered Species endangered plant list.

(b) Those plants listed as threatened under the Fed-eral Endangered Species Act of 1973, as amended, are restricted in collection, movement, and handling under this statute to conform with the regulations of the En-dangered Species Act, and rules and regulations of the U.S. Department of the Interior regarding threatened plants. Nothing in this statute shall be construed to per-mit a person to violate any provision of the Federal En-dangered Species Act of 1973, as amended. Those plants listed as threatened on the federal list and known to be established in Florida are any species of plants known to be established in Florida which may be added to the Federal Endangered Species threatened plant list.

(7) REVIEW-(a) Beginning in 1984, a comprehensive review of

this section and of the Regulated Plant Index provided in subsection (5) shall be made by the department and the Endangered Plant Advisory Council at 4-year inter-vals. The department shall report its findings and recom-mendations and those of the Endangered Plant Advisory Council to the Legislature by January 31 prior to the con-vening of the regular legislative session following each such review.

(b) The department shall notify the Legislature prior to the next ensuing regular legislative session of any species of plant that should be placed on the Regulated Plant Index which is in danger of disappearing from its native habitat within the foreseeable future throughout all or a significant portion of the range of the species be-cause of:

1. Present or threatened destruction, modification, or curtailment of the range of the species.

2. Overutilization of the species for commercial, sci-entific, or educational purposes.

3. Disease or predation. 4. Any other natural or manmade factor affecting the

continued existence of the species. (c) In carrying out reviews and arriving at recommen-

dations under paragraphs (a) and (b), the department and the advisory council shall use the best scientific and commercial data available and shall consult with inter-ested persons and organizations.

(8) DEFENSES.-ln any prosecution under this sec-tion, it shall be a defense that plants or the flowers, roots, bulbs, or other parts thereof transported, carried, or conveyed, or sold or offered for sale, by the party were legally imported from another country. In any pros-ecution under this section involving the destruction or harvesting of any plant on the Threatened Plant List, or one or two plants on the Commercially Exploited Plant List, without written permission, it shall be an affirmative defense that actual permission was given prior to such

destruction or harvesting. In any prosecution under this section involving the destruction or harvesting of any plant on the Endangered Plant List, or three or more plants on the Commercially Exploited Plant List, without written permission and a permit, it shall be an affirmative defense that written permission and a permit had in fact been granted prior to such destruction or harvesting.

(9) SALES BY NURSERYMEN.-Licensed, certified nurserymen who grow from seeds or by vegetative prop-agation any of the native plants on the Regulated Plant Index provided in subsection (5) are specifically permit-ted to sell these commercially grown plants and shall not be in violation of this section if they do so, as it is the in-tent of this section to preserve and encourage the prop-agation of these native plants which are rapidly disap-pearing from the state.

(10) EXEMPTIONS.-No provision of this section shall apply to:

(a) The clearing or other disturbance of land for agri-cultural or silvicultural purposes, fire control measures, or required mining assessment work.

(b) The clearing or removal of regulated plants from a canal, ditch, survey line, building site, or road or other right-of-way by the landowner or his or her agent.

(c) The clearing of land by a public agency or a pub-licly or privately owned public utility when acting in the performance of its obligation to provide service to the public.

(11) DUTIES AND AUTHORITY OF DEPARTMENT. -The department shall:

(a) As part of the regular inspection of nurseries and stock dealer establishments, be on the ale;rt for any of the native plants on the Regulated Plant Index provided in subsection (5) which appear suddenly at a given nur-sery or stock dealer establishment in a mature stage or a stage showing several years of growth, and 1the de-partment is empowered to request proof of where and how such plants were obtained.

(b) Have the authority to enter upon properties where harvesting or storage of regulated plants is sus-pected, to inspect vehicles or other means of transport-ing such plants, and to preserve and take custody of plants harvested or moved in violation of this section, in order to assure compliance with the provisions of this section.

(c) Have the authority to conduct investigations of plants native, or thought to be native, to the state for the purpose of compiling information relative to plant popu-lations, distributions, habitats, climatic factors, and oth-er biological ecological data, and to determine conserva-tion measures and requirements necessary for their sur-vival.

(12) NOTICE OF HIGHWAY CONSTRUCTION.-The Department of Transportation shall notify the Depart-ment of Agriculture and Consumer Services and the En-dangered Plant Advisory Council created bys. 581.186 of advertised bids for highway construction at the time those bids are first advertised, describing the project, the location of the project, and the representative of the Department of Transportation who can answer ques-tions regarding the project and the plant life immediately affected by the construction. The Department of Agricul-ture and Consumer Services shall seek and utilize the

146

F.S.1985 PLANT INDUSTRY Ch. 581

services of the Endangered Plant Advisory Council and of any other state agencies, clubs, associations, organi-z~tions, or individuals that may offer support and ser-vices for the preservation of the plants on the Regulated Plant Index that may be affected by the construction project and shall provide by rule for the appropriate dis-posal of such plants.

1History.-s. 1, ch. 78-72; s. 160, ch. 79·164; s. 1, ch. 80-23; s. 1, ch. 85·153. Note.-The words "the department is" were inserted by the editors.

1581.186 Endangered Plant Advisory Council· orga-nization; meetings; quorum; compensation.- '

(1) The Endangered Plant Advisory Council is here-by 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 Clu~s, Inc.; one member shall be a representative of the Florida Nurserymen and Growers Association, Inc.; one member shall be a representative of the Committee for Rare and Endangered Plants and Animals; one member s.hall be a representative of the Florida Forestry Associa-tion; one member shall be a representative of the Florida Native Plant Society; and two members shall be bota-nists, each of whom shall be a staff or faculty member at a state university. Members shall be appointed for terms of 4 years.

(2) The members of the council shall meet at least yearly and elect a chairman and a vice chairman, each for a term of 1 year. The Director of the Division of Plant Industry, or his designated representative, shall serve as the secretary to the council and shall keep a complete record of all its proceedings.

(3) The council shall meet at the call of its chairman or the dep~rtment, or at th~ request of a m!J.jority of its membership, and at such times as may be prescribed by its rules.

(4) A majority of the members of the council shall co~st~tute a quorum for all purposes, and an act by a maionty of ~he members present at any meeting at which there 1s a quorum shall constitute an official act of the advisory council.

~5) The members of the advisory council shall re-ceive no compensation for their services, except that they shall be entitled to receive travel allowances and per diem as pr?vided in s. 112.061 when actually travel-ing on the business of the council.

(6). The council shall advise the department con-cerning proposals for revising this section and s. 581. 185. The council shall periodically examine those plant species on the Regulated Plant Index and such oth~r pla~ts native to the state that have been proposed for 1nclus1on on the Regulated Plant Index to determine whether the plant species should be removed from the list, tra~sferred from one category to another category on the list, or added to an appropriate category on the list. The council shall inform the department of such de-termination and request that the department initiate ap-propriate changes in the list.

(7) The Division of Plant Industry, the Department of Natural Resources, the Department of Transportation, and the Game and Fresh Water Fish Commission shall ~~operatE'. with t~e council whenever necessary to aid 1t in carrying out its duties under this section.

Hlstory.-s. 2, ch. 78-72; s. 416, ch. 81-259; s. 1, ch. 82-46; s. 2, ch. 83-265; ss.

2, 5, 6, ch. 85-153. 1Note.-Repealed effective October 1, 1992, bys. 6, ch. 85-153, and scheduled

for review pursuant to s. 11.611 in advance of that date.

581.187 Exemptions from s. 581.185.-All Florida Indians, as defined ins. 285.11, shall be exempt from the prohibitions and penalties of s. 581.185.

Hlatory.-s. 3, ch. 78-72.

581.191 Appropriations.-The department shall in-clude in its legislative budget request the estimated amounts needed to carry out the purposes of this chap-ter and the Legislature shall appropriate from the Gener-al Revenue Fund such amounts as it deems necessary for these purposes.

Hlstory.-s. 14, ch. 12291, 1927; CGL 3841; s. 134, ch. 26869, 1951; s. 19, ch. 59-261; s. 1, ch. 61-59.


1581.192 Excise tax on commercial sale or distribu-tion of citrus nursery stock.-

(1) There is hereby levied and imposed an excise tax of $1 per plant on the commercial sale or distribution of citrus nursery stock by any nurseryman, stock dealer, ~gent, or plant broker to whom a certificate of registra-t1~n has been i~sued by the Division of Plant Industry, with the exception of citrus plants sold or distributed to any commercial citrus producer or for resale to a produc-er. The excise tax shall be paid by the person to whom the certificate of registration is issued. Persons seeking an exemption from payment of the tax shall provide the nurseryman, stock dealer, agent, or plant broker to w~?~ a certificate of registration has been issued by the D1v1s1on of Plant Industry with an affidavit signed by both bu~er_ and seller, recording the buyer's address, a de-scnpt1on and the quantity of the plants sold, and a state-ment that the plants will be used by a commercial citrus producer or for resale to a producer. Each affidavit shall be retained by the nurseryman, stock dealer, agent, or plant broker and made available for inspection as a part of state audits.

(2) All excise taxes levied under this section shall be collected by the Department of Agriculture and Con-sumer ?ervices and deposited in the State Treasury into a special fund known as the Florida Citrus Canker Trust Fund, which is hereby created. Such moneys shall be appropriated to the department to be expended in the conduct of programs for the eradication of citrus canker.

Hlatory.-ss. 6, 10, ch. 85-283. 1Note.-Expires July 1, 1990.

1581.193 Excise tax on citrus nursery stock; sale to commercial citrus producer or for resale to producer.

(1) There is hereby levied and imposed an excise tax of 10 cents per plant on the sale, excluding intercom-pany sales between members of an affiliated group as defined in Section 1504 of the Internal Revenue Code of citrus nursery stock, including lemon and lime nursery stock, to any commercial citrus producer or for resale to a producer, by any nurseryman, stock dealer, agent, or plant broker to whom a certificate of registration has been issued by the Division of Plant Industry. The excise tax shall be paid by the person to whom the certificate of registration is issued.

(2) All excise taxes levied under subsection (1) shall be collected by the Department of Agriculture and Con-

147


sumer Services. Collections made prior to July 1, 1986, shall be deposited in the General Revenue Fund. After said date, collections shall be deposited in the Florida Citrus Canker Trust Fund.

History.-ss. 7, 10, ch. 85-283 1Note. -Expires July 1, 1987.

581.201 lnjunction.-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 re-quired to furnish bond when making a complaint for an iniunction. The Department of Legal Affairs, the state at-torneys, and all public prosecutors in each county shall represent the department when called upon to do so. The department in the discharge of its duties and in the enforcement of powers herein delegated may send for, or subpoena duces tecum, books, records, and papers, may administer oaths, and may hear witnesses, and to that end the various sheriffs throughout the state shall serve all summonses and other papers upon request of the department.

History.-s. 20, ch. 59-261; s. 7, ch. 61-409; ss. 11, 14, 35, ch. 69-106; s. 26, ch. 73-334; s 3, ch 85-153.

581.211 Penalties for violations.-Any person who violates any provision or requirement of this chapter, of any rule made pursuant to quarantine as authorized in s. 581.031, or of any notice given pursuant hereto; who forges, counterfeits, removes, destroys, disguises, or

148

wrongfully or improperly uses any tag, certificate, per-mit, or written agreement provided for in this chapter; or who interferes with or obstructs any director or author-ized representative of the department in the perform-ance of his duties shall be deemed guilty of a misde-meanor of the first degree, except that any person who imports from other states, territories, or countries, with-out a special permit from the Division of Plant Industry, plants or propagative plant parts of the subfamily Auran-tioideae (after Swingle and Reese which includes all species of citrus) is guilty of a felony of the third degree, and any person who has in his possession such unau-thorized imported plants or propagative plant parts shall be deemed guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Hlstory.-s 11, ch. 12291, 1927; CGL 7854; s. 21, ch. 59-261; s. 600, ch. 71-136; s. 3, ch. 76-95; s. 4, ch. 78·72; s. 10, ch. 79·158; s. 6, ch. 80·41; s. 6, ch. 84-355; s. 4, ch. 85-153.


581.212 Handling of moneys received.-All mon-eys received by the department under the provisions of this chapter, other than appropriated funds, shall be de-posited in the State Treasury to the credit of the Plant Industry Trust Fund and shall be used by the depart-ment to defray its expenses in carrying out the duties im-posed on it by this chapter.

Hlstory.-s. 2, ch. 65-539; s. 3, ch. 84-60; s. 7. ch. 84-355

Documents

CHAPTER (4) Certificate of registration means an official ... · this chapter. The term "certificate" includes label, rubber stamp imprint, tag, permit, written statement, or any