(1) The Department will propose the classification of a plant as a noxious weed or invasive plant and its inclusion on the Noxious Weed and Invasive Plant List, Fl. Admin. Code R. 5B-57.007, if the plant is determined to be a serious agricultural threat in Florida, or have a negative impact on the plant species protected under Florida Statutes § 581.185, or if the plant is a naturalized plant that disrupts naturally occurring native communities. In making these determinations, the Department will utilize information provided by the Institute of Food and Agricultural Sciences (IFAS) at the University of Florida or other experts that biologically justify the classification of a plant as a noxious weed or invasive plant based upon the best and currently available information. Anyone seeking to include or exclude plants from the Noxious Weed List in Fl. Admin. Code R. 5B-57.007, shall submit a completed Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 07/15, to the Division of Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100. The form Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 07/15, is herein incorporated by reference and may be obtained online at http://www.flrules.org/Gateway/reference.asp?No=Ref-12182. For cultivars of a listed plant to be exempted, the Department will confer with IFAS on the following: evidence of sterility and inability to cross pollinate with wild types, or evidence that the cultivar has narrower habitat suitability, less dispersal potential, less potential for negative impact on the economy and/or environment of Florida and evidence that the plant is not spreading vegetatively. The Department will review a submitted Application for Inclusion to or Exclusion from the Noxious Weed List, FDACS 08215, Rev. 04/13, and forward it to the Noxious Weed and Invasive Plant Review Committee within 30 days provided all required information has been submitted. The Noxious Weed and Invasive Plant Review Committee will review the application and make a final recommendation to the Department to add or remove plants from Fl. Admin. Code R. 5B-57.007 Any exemptions for cultivars, production practices, areas of distribution, or any other reasons will be denoted following the plant name on the Noxious Weed and Invasive Plant List. The Department shall make a final determination regarding the disposition of the application within 30 days of receipt of the committee recommendation. Upon making a final determination, the rule amendment process will be initiated if necessary. By emergency rule, the Department shall add a plant to the list at any time if there is an immediate threat to the agricultural, horticultural, environmental, or public interest of the state.
    (2) The Noxious Weed and Invasive Plant List contained in Fl. Admin. Code R. 5B-57.007, shall be subject to review, at least biennially, by the Department in conjunction with the Institute of Food and Agricultural Sciences at the University of Florida. The Noxious Weed and Invasive Plant List Review Committee appointed by the Department, in accordance with Sections 581.091(4) and 570.0705, F.S., will conduct the review. All reviews will be conducted in accordance with Florida Statutes § 120.525, which provides for public input. The University of Florida will recommend two faculty members, one specializing in research on production agriculture and the other on natural resources, to the Department to serve on the committee. A representative from the Director’s Office, the Bureau of Plant and Apiary Inspection, and the Botany Section shall represent the Department. The Noxious Weed and Invasive Plant List Review Committee will make recommendations to the Department to add or remove plants from Fl. Admin. Code R. 5B-57.007, based on the biological justification as described in subsection (1).
Rulemaking Authority 570.07(23), 581.031(4), (5) FS. Law Implemented 581.011(18), 581.031(6), 581.091(4) FS. History-New 4-18-04, Amended 7-29-13, 10-1-20.