The Florida Senate

581.145  Aquatic plant nursery registration; special permit requirements.--

(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 unlawful for any nursery or nursery stock dealer to import, transport, cultivate, collect, sell, or possess any noxious aquatic plant listed on the prohibited aquatic plant list established by the Department of Environmental Protection in s. 369.25(3)(b) without a special permit issued by the department.

(a)  No special permit shall be issued until the department determines that the proposed activity poses no threat or danger to the waters, wildlife, natural resources, agriculture, or environment of the state.

(b)  The department may not issue a special permit with respect to a prohibited aquatic plant species if the Department of Environmental Protection prohibits the importation, transportation, cultivation, collection, sale, or possession of the species.

(3)  Notwithstanding any other provision of state or federal law, the Department of Agriculture and Consumer Services shall issue, by request, a permit to the aquaculture producer to engage in the business of exporting water hyacinths (Eichhornia spp.) only to countries other than the United States and only when such water hyacinths are cultivated in a nursery for the sole purpose of exportation and the aquaculture activity has been certified by the Department of Agriculture and Consumer Services. In accordance with any appropriate federal law or United States treaty, no Florida aquaculture producer shall ship water hyacinths to countries other than the United States under such a permit for the purpose of importing water hyacinths back into the United States, nor shall drop shipments be made to any other destination within the United States. This provision shall in no way restrict or interfere with the Department of Environmental Protection's efforts, or those of any other agency or local government with responsibilities for the management of noxious aquatic plants, to control or eradicate noxious nonnursery aquatic plants, including water hyacinths. This provision shall not be a consideration in the approval or the release of biological control agents for water hyacinths or any other noxious aquatic plants.

History.--s. 6, ch. 92-147; s. 52, ch. 93-169; s. 464, ch. 94-356; s. 73, ch. 95-144; s. 22, ch. 96-247; s. 9, ch. 99-390.