Harvesting prohibited and non-prohibited aquatic plants for both nursery and non-nursery cultivation requires a permit. Uses include research, education, restoration, export for consumption, and more. 

Individuals engaged in the propagation, distribution or sale of aquatic plants within the state of Florida must adhere to nursery stock requirements for registration and inspection. See A Brief Summary of the Nursery Inspection Law [ 805.5 kB ] or contact your local plant inspector for more information.

There are two broad types of aquatic plants subject to regulation in Florida: “prohibited” and “non-prohibited."   

Aquatic species that have been documented to disrupt waterways or negatively impact Florida ecosystems are defined as “prohibited" aquatic species. These species are listed as state noxious weeds in Rule 5B-57, Florida Administrative Code (F.A.C.). Some species may also be listed as federal noxious weeds and may only be cultivated for export out of Florida. These species cannot be sold in-state. Learn more about these restrictions and permit requirements for Class II Aquatic Plants and Water Spinach. 

Native aquatic plants are usually defined as “non-prohibited” aquatics and are protected from over-harvesting by means of a different permit to collect. Entities engaged in collecting non-prohibited aquatic plants must provide a written plan detailing how they will prevent the spread of any noxious weeds or prohibited aquatic plants during harvesting activities. Learn more about the permit process for collecting Non-Prohibited Aquatic Plants.  

Who Needs a Permit?

A permit is required for the following purposes:

• Scientific Research: Includes private industry, government agencies, academic institutions, and individuals who plan to conduct research in a lab, greenhouse, field or other controlled facility. Research projects that involve the collection or movement of regulated aquatic plants.  
• Public Outreach or Educational Display: Includes entities such as zoos, museums, gardens or schools that may have regulated aquatic plants as part of a public display. Business, non-profit or extension-related activities that involve the transportation of aquatic plants for “show-and-tell” would also be included in this category. There is no intent to distribute, sell or release. 
• Commercial Sale and Distribution: Includes nurseries, stock dealer/wholesalers and non-nursery operations that propagate regulated aquatic plants for sale or distribution to customers both in Florida and out of state via:  
  • Online marketplaces (includes e-commerce and social media platforms) 
  • Physical storefront (includes home businesses) 
  • Industry expos, tradeshows or temporary pop-up markets 
  • *Brokers or drop-shippers who operate in Florida may be excluded if they do not collect regulated aquatic plants directly or if they do not maintain nursery stock in-state. However, they should not market/sell any prohibited species to Florida-based customers. 

Frequently Asked Questions

Select a question to expand the answer.

Who can obtain a permit for harvesting aquatic plant species in Florida?

Registered nurseries, stock dealers, government agencies, research institutions, and wastewater facilities approved by the Florida Department of Environmental Protection may apply to collect aquatic plants.

Are all aquatic plants regulated in the same way for harvesting and sales?

No. Prohibited aquatic plants may have restrictions on collection, movement and sale. Individuals who wish to work with these species must use the Application and Permit to Move Organisms Regulated by the State of Florida [ Adobe PDF Document ]. Non-prohibited aquatic plants have different harvesting requirements and the Application for Permit to Collect Non-Prohibited Aquatic Plants [ Adobe PDF Document ] must be used.  

Which permits are required for research and education?

For prohibited aquatic plants, government agencies, research institutions, and wastewater facilities may apply for permission to collect using the Application and Permit to Move Organisms Regulated by the State of Florida [ Adobe PDF Document ]. The guidelines are the same as for requesting a permit to collect or transport noxious weed species. See the Noxious Weed Information page for information about completing the form. To collect non-prohibited aquatic species, complete and submit the Application for Permit to Collect Non-Prohibited Aquatic Plants [ Adobe PDF Document ].

Which permits are required to collect aquatic plants to grow in a nursery?

Anyone importing, transporting, non-nursery cultivating, collecting or possessing aquatic plants for business purposes must be a registered nursery and submit an Application for Permit to Collect Non-Prohibited Aquatic Plants [ Adobe PDF Document ] to the Florida Department of Agriculture and Consumer Services (FDACS). Use our Plant Inspector Directory to find your local plant inspector.

Which aquatic plants are prohibited for nurseries?

See the list of Class I Prohibited Aquatic Plants in Section 5B-64.011, F.A.C.

Can any other prohibited aquatic species be grown under permit for movement out of state?

Yes, with special permission and formal agreements with the Division of Plant Industry, the following plants may be cultivated for export:

• Water Spinach
• Water Hyacinth

Are there any other aquatic plants that are prohibited and restricted within the state?

Yes, any plant species listed as a federal noxious weed is regulated in the same manner as state noxious weeds. 

Are there any special restrictions for export of aquatic plants?

Yes, plants exported to California must be certified to be free of Hydrilla.

Which permit is needed to ship Class II prohibited aquatic plants out of state?

Although there are three Class II prohibited aquatic plant species, currently only water lettuce can be sold for export out of the state because federal law prohibits interstate movement for the other two species, Hygro and Ambulia. The required permit application, Application and Permit to Move Organisms Regulated by the State of Florida [ Adobe PDF Document ], must be submitted to the FDACS Division of Plant Industry.