A permit is required to grow non-native plant species (excluding noxious weeds) in fields greater than two contiguous acres.
The purpose of Non-Native Species Planting Permitting, previously known as Biomass Permitting, is to control the introduction into or movement within Florida of non-native plant species intended for plantings greater than two contiguous acres and to establish procedures under which the field release of such are permitted. Such procedures will assist in confirming that introductions and field releases are conducted in a manner that provides for public and environmental protection. No non-native species planting permit shall be issued for any planting of plants on the state or federal noxious weed list.
According to Rule 5B-57.011, Florida Administrative Code (F.A.C), a permit for non-native species plantings is required for two contiguous acres within on parcel of land for any non-native plant not excluded for purposes of agriculture under Section 570.02(1), Florida Statutes (F.S.), or excluded in Rule 5B-57.011, F.A.C.
This permit requirement would apply to individuals involved in academic, government or private industry researchers, as well as commercial growers.
Your application will be reviewed by the Florida Department of Agriculture and Consumer Services (FDACS), and a preliminary site visit will be scheduled to determine feasibility of preventing spread of the plant into neighboring ecosystems. At a minimum, the permit application must demonstrate:
FDACS will also consult with the University of Florida's Institute of Food and Agricultural Sciences (UF/IFAS) to evaluate each requested plant species for invasiveness potential. Permits will not be issued for any state or federal noxious weed species.
A contiguous planting is two or more plantings of non-native plants with a common boundary. Or, a parcel of land that has been separated or divided into more than one planting of non-native plants whether separated or divided by a roadway or any other area not under cultivation with non-native plants. (See Rule 5B-57.001, F.A.C., for further clarification.)
Aside from the initial application fee of $50, additional fees will be assessed for the following:
Please allow 60–90 days for the application process. After an initial permit review, a site visit must be made by personnel from the FDACS Division of Plant Industry. Coordination of the site visit may take several weeks. After the site visit, further review will commence, and if the initial permit is approved, proof of bond/certificate of deposit must be provided. Depending on the financial institution, this step could take a week or more.
The compliance agreement details the site practices that must be implemented and scope of limitations existing with the issuance of the permit. The compliance agreement is a legally binding document signed between the applicant and FDACS.
According to Rule 5B-57.011, F.A.C., a permit may not be required if it is determined that the non-native species does not pose a threat of becoming an invasive species or pest of plants or native fauna under Florida conditions. The following are specifically exempted from the requirements of this rule:
