Appendix III – Florida Statutes and Florida Administrative Codes
The 2004 Florida Statutes
Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 369
CONSERVATION
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PART I
AQUATIC PLANT CONTROL
369.20 Florida Aquatic Weed Control Act.--
(1) This act shall be known as the "Florida Aquatic Weed Control Act."
(2) The Department of Environmental Protection shall direct the control, eradication, and regulation of noxious aquatic weeds and direct the research and planning related to these activities, as provided in this section, excluding the authority to use fish as a biological control agent, so as to protect human health, safety, and recreation and, to the greatest degree practicable, prevent injury to plant and animal life and property.
(3) It shall be the duty of the department to guide and coordinate the activities of all public bodies, authorities, agencies, and special districts charged with the control or eradication of aquatic weeds and plants. It may delegate all or part of such functions to the Fish and Wildlife Conservation Commission.
(4) The department shall also promote, develop, and support research activities directed toward the more effective and efficient control of aquatic plants. In the furtherance of this purpose, the department is authorized to:
(a) Accept donations and grants of funds and services from both public and private sources;
(b) Contract or enter into agreements with public or private agencies or corporations for research and development of aquatic plant control methods or for the performance of aquatic plant control activities;
(c) Construct, acquire, operate, and maintain facilities and equipment; and
(d) Enter upon, or authorize the entry upon, private property for purposes of making surveys and examinations and to engage in aquatic plant control activities; and such entry shall not be deemed a trespass.
(5) The Department of Environmental Protection may disburse funds to any special district or other local authority charged with the responsibility of controlling or eradicating aquatic plants, upon:
(a) Receipt of satisfactory proof that such district or authority has sufficient funds on hand to match the state funds herein referred to on an equal basis;
(b) Approval by the department of the control techniques to be used by the district or authority; and
(c) Review and approval of the program of the district or authority by the department to be in conformance with the state control plan.
(6) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of this section conferring powers or duties upon it and perform any other acts necessary for the proper administration, enforcement, or interpretation of this section, including creating general permits and exemptions and adopting rules and forms governing reports.
(7) No person or public agency shall control, eradicate, remove, or otherwise alter any aquatic weeds or plants in waters of the state unless a permit for such activity has been issued by the department, or unless the activity is in waters expressly exempted by department rule. The department shall develop standards by rule which shall address, at a minimum, chemical, biological, and mechanical control activities; an evaluation of the benefits of such activities to the public; specific criteria recognizing the differences between natural and artificially created waters; and the different amount and quality of littoral vegetation on various waters. Applications for a permit to engage in aquatic plant control activities shall be made to the department. In reviewing such applications, the department shall consider the criteria set forth in subsection (2).
(8) As an exemption to all permitting requirements in this section and ss. 369.22 and 369.25, in all freshwater bodies, except aquatic preserves designated under chapter 258 and Outstanding Florida Waters designated under chapter 403, a riparian owner may physically or mechanically remove herbaceous aquatic plants and semiwoody herbaceous plants, such as shrub species and willow, within an area delimited by up to 50 percent of the property owner's frontage or 50 feet, whichever is less, and by a sufficient length waterward from, and perpendicular to, the riparian owner's shoreline to create a corridor to allow access for a boat or swimmer to reach open water. All unvegetated areas shall be cumulatively considered when determining the width of the exempt corridor. Physical or mechanical removal does not include the use of any chemicals or any activity that requires a permit pursuant to part IV of chapter 373.
(9) A permit issued pursuant to this section for the application of herbicides to waters in the state for the control of aquatic plants, algae, or invasive exotic plants is exempt from the requirement to obtain a water pollution operation permit pursuant to s. 403.088.
History.--ss. 1, 2, ch. 70-203; s. 3, ch. 80-129; s. 32, ch. 85-81; s. 1, ch. 89-151; s. 187, ch. 94-356; s. 2, ch. 96-238; s. 2, ch. 97-22; s. 75, ch. 98-200; s. 91, ch. 99-245.
Note.--Former s. 372.925.
369.22 Nonindigenous aquatic plant control.--
(1) This section shall be known as the "Florida Nonindigenous Aquatic Plant Control Act."
(2) For the purpose of this section, the following words and phrases shall have the following meanings:
(a) "Department" means the Department of Environmental Protection.
(b) "Aquatic plant" is any plant growing in, or closely associated with, the aquatic environment and includes "floating," "emersed," "submersed," and "ditch bank" species.
(c) "Nonindigenous aquatic plant" is any aquatic plant that is nonnative to the State of Florida and has certain characteristics, such as massive productivity, choking density, or an obstructive nature, which render it detrimental, obnoxious, or unwanted in a particular location.
(d) A "maintenance program" is a method for the control of nonindigenous aquatic plants in which control techniques are utilized in a coordinated manner on a continuous basis in order to maintain the plant population at the lowest feasible level as determined by the department.
(e) An "eradication program" is a method for the control of nonindigenous aquatic plants in which control techniques are utilized in a coordinated manner in an attempt to kill all the aquatic plants on a permanent basis in a given geographical area.
(f) A "complaint spray program" is a method for the control of nonindigenous aquatic plants in which weeds are allowed to grow unhindered to a given level of undesirability, at which point eradication techniques are applied in an effort to restore the area in question to a relatively low level of infestation.
(g) "Waters" means rivers, streams, lakes, navigable waters and associated tributaries, canals, meandered lakes, enclosed water systems, and any other bodies of water.
(h) "Intercounty waters" means any waters which lie in more than one county or form any part of the boundary between two or more counties, as determined by the department.
(i) "Intracounty waters" means any waters which lie wholly within the boundaries of one county as determined by the department.
(j) "Districts" means the six water management districts created by law and named, respectively, the Northwest Florida Water Management District, the Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water
Management District, the Central and Southern Florida Flood Control District, and the Ridge and Lower Gulf Coast Water Management District; and on July 1, 1975, shall mean the five water management districts created by chapter 73-190, Laws of Florida, and named, respectively, the Northwest Florida Water Management District, the Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the South Florida Water Management District.
(3) The Legislature recognizes that the uncontrolled growth of nonindigenous aquatic plants in the waters of Florida poses a variety of environmental, health, safety, and economic problems. The Legislature acknowledges the responsibility of the state to cope with the uncontrolled and seemingly never-ending growth of nonindigenous aquatic plants in the waters throughout Florida. It is, therefore, the intent of the Legislature that the state policy for the control of nonindigenous aquatic plants in waters of state responsibility be carried out under the general supervision and control of the department, and that the state itself be responsible for the control of such plants in all intercounty waters; but that control of such plants in intracounty waters be the designated responsibility of the appropriate unit of local or county government, special district, authority, or other public body. It is the intent of the Legislature that the control of nonindigenous aquatic plants be carried out primarily by means of maintenance programs, rather than eradication or complaint spray programs, for the purpose of achieving more effective control at a lower long-range cost. It is also the intent of the Legislature that the department guide, review, approve, and coordinate all nonindigenous aquatic plant control programs within each of the water management districts as defined in paragraph (2)(j). It is the intent of the Legislature to account for the costs of nonindigenous aquatic plant maintenance programs by watershed for comparison management purposes.
(4) The department shall supervise and direct all maintenance programs for control of nonindigenous aquatic plants, as provided in this section, excluding the authority to use fish as a biological control agent, so as to protect human health, safety, and recreation and, to the greatest degree practicable, prevent injury to plant, fish, and animal life and to property.
(5) When state funds are involved, or when waters of state responsibility are involved, it is the duty of the department to guide, review, approve, and coordinate the activities of all public bodies, authorities, state agencies, units of local or county government, commissions, districts, and special districts engaged in operations to maintain, control, or eradicate nonindigenous aquatic plants, except for activities involving biological control programs using fish as the control agent. The department may delegate all or part of such functions to any appropriate state agency, special district, unit of local or county government, commission, authority, or other public body. However, special attention shall be given to the keeping of accounting and cost data in order to prepare the annual fiscal report required in subsection (7).
(6) The department may disburse funds to any district, special district, or other local authority for the purpose of operating a maintenance program for controlling nonindigenous aquatic plants and other noxious aquatic plants in the waters of state responsibility upon:
(a) Receipt of satisfactory proof that such district or authority has sufficient funds on hand to match the state funds herein referred to on an equal basis;
(b) Approval by the department of the maintenance control techniques to be used by the district or authority; and
(c) Review and approval of the program of the district or authority by the department to be in conformance with the state maintenance control plan.
(7) The department shall submit an annual report on the status of the nonindigenous aquatic plant maintenance program to the President of the Senate, the Speaker of the House of Representatives, and the Governor and Cabinet by January 1 of the following year. This report shall include a statement of the degree of maintenance control achieved by individual nonindigenous aquatic plant species in the intercounty waters of each of the water management districts for the preceding county fiscal year, together with an analysis of the costs of achieving this degree of control. This cost accounting shall include the expenditures by all governmental agencies in the waters of state responsibility. If the level of maintenance control achieved falls short of that which is deemed adequate by the department, then the report shall include an estimate of the additional funding that would have been required to achieve this level of maintenance control. All measures of maintenance program achievement and the related cost shall be presented by water management districts so that comparisons may be made among the water management districts, as well as with the state as a whole.
(8) The department shall have the authority to cooperate with the United States and to enter into such cooperative agreements or commitments as the department may determine necessary to carry out the maintenance, control, or eradication of water hyacinths, alligator weed, and other noxious aquatic plant growths from the waters of the state and to enter into contracts with the United States obligating the state to indemnify and save harmless the United States from any and all claims and liability arising out of the initiation and prosecution of any project undertaken under this section. However, any claim or claims required to be paid under this section shall be paid from money appropriated to the nonindigenous aquatic plant control program.
(9) The department may delegate various nonindigenous aquatic plant control and maintenance functions to the Fish and Wildlife Conservation Commission. The commission shall, in accepting commitments to engage in nonindigenous aquatic plant control and maintenance activities, be subject to the rules of the department, except that the commission shall regulate, control, and coordinate the use of any fish for aquatic weed control in fresh waters of the state. In addition, the commission shall render technical and other assistance to the department in order to carry out most effectively the purposes of s. 369.20. However, nothing herein shall diminish or impair the regulatory authority of the commission with respect to the powers granted to it by s. 9, Art. IV of the State Constitution.
(10) The department is directed to use biological agents, excluding fish, for the control of nonindigenous aquatic plants.
(11) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section conferring powers or duties upon it and perform any other acts necessary for the proper administration, enforcement, or interpretation of this section, including adopting rules and forms governing reports.
(12) No person or public agency shall control, eradicate, remove, or otherwise alter any nonindigenous aquatic plants in waters of the state unless a permit for such activity has been issued by the department, or unless the activity is in waters expressly exempted by department rule. The department shall develop standards by rule which shall address, at a minimum, chemical, biological, and mechanical control activities; an evaluation of the benefits of such activities to the public; specific criteria recognizing the differences between natural and artificially created waters; and the different amount and quality of littoral vegetation on various waters. Applications for a permit to engage in aquatic plant control activities shall be made to the department. In reviewing such applications, the department shall consider the criteria set forth in subsection (4).
History.--ss. 1, 2, ch. 74-65; s. 4, ch. 80-129; s. 33, ch. 83-218; s. 16, ch. 84-254; s. 2, ch. 89-151; s. 188, ch. 94-356; s. 76, ch. 98-200; s. 92, ch. 99-245.
Note.--Former s. 372.932.
369.25 Aquatic plants; definitions; permits; powers of department; penalties.--
(1) As used in this section, the term:
(a) "Aquatic plant" means any plant, including a floating, emersed, submersed, or ditch bank species, growing in, or closely associated with, an aquatic environment and includes any part or seed of such plant.
(b) "Department" means the Department of Environmental Protection.
(c) "Nonnursery cultivation" means the tending of aquatic plant species for harvest in the natural environment.
(d) "Noxious aquatic plant" means any part, including, but not limited to, seeds or reproductive parts, of an aquatic plant which has the potential to hinder the growth of beneficial plants, interfere with irrigation or navigation, or adversely affect the public welfare or the natural resources of this state.
(e) "Person" includes a natural person, a public or private corporation, a governmental entity, or any other kind of entity.
(2) No person shall engage in any business involving the importation, transportation, nonnursery cultivation, collection, sale, or possession of any aquatic plant species without a permit issued by the department or the Department of Agriculture and Consumer Services. No person shall import, transport, nonnursery cultivate, collect, sell, or possess any noxious aquatic plant listed on the prohibited aquatic plant list established by the department without a permit issued by the department or the Department of Agriculture and Consumer Services. No permit shall be issued until the department determines that the proposed activity poses no threat or danger to the waters, wildlife, natural resources, or environment of the state.
(3) The department has the following powers:
(a) To make such rules governing the importation, transportation, nonnursery cultivation, collection, and possession of aquatic plants as may be necessary for the eradication, control, or prevention of the dissemination of noxious aquatic plants that are not inconsistent with rules of the Department of Agriculture and Consumer Services.
(b) To establish by rule lists of aquatic plant species regulated under this section, including those exempted from such regulation, provided the Department of Agriculture and Consumer Services and the Fish and Wildlife Conservation Commission approve such lists prior to the lists becoming effective.
(c) To evaluate an aquatic plant species through research or other means to determine whether such species poses a threat or danger to the waters, wildlife, natural resources, or environment of the state.
(d) To declare a quarantine against aquatic plants, including the vats, pools, or other containers or bodies of water in which such plants are growing, except in aquatic plant nurseries, to prevent the dissemination of any noxious aquatic plant.
(e) To make rules governing the application for, issuance of, suspension of, and revocation of permits under this section.
(f) To enter into cooperative agreements with any person as necessary or desirable to carry out and enforce the provisions of this section.
(g) To purchase all necessary supplies, material, and equipment and accept all grants and donations useful in the implementation and enforcement of the provisions of this section.
(h) To enter upon and inspect any facility or place, except aquatic plant nurseries regulated by the Department of Agriculture and Consumer Services, where aquatic plants are cultivated, held, packaged, shipped, stored, or sold, or any vehicle of conveyance of aquatic plants, to ascertain whether the provisions of this section and department regulations are being complied with, and to seize and destroy, without compensation, any aquatic plants imported, transported, cultivated, collected, or otherwise possessed in violation of this section or department regulations.
(i) To conduct a public information program, including, but not limited to, erection of road signs, in order to inform the public and interested parties of this section and its associated rules and of the dangers of noxious aquatic plant introductions.
(j) To adopt rules requiring the revegetation of a site on sovereignty lands where excessive collection has occurred.
(k) To enforce this chapter in the same manner and to the same extent as provided in ss. 403.121, 403.131, 403.141, and 403.161.
(4) The department shall adopt rules which limit the sanctions available for violations under this act to quarantine and confiscation:
(a) If the prohibited activity apparently results from natural dispersion; or
(b) If a small amount of noxious aquatic plant material incidentally adheres to a boat or boat trailer operated by a person who is not involved in any phase of the aquatic plant business and if that person is not knowingly violating this act.
(5)
(a) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) All law enforcement officers of the state and its agencies with power to make arrests for violations of state law shall enforce the provisions of this section.
History.--s. 1, ch. 69-158; ss. 14, 26, 35, ch. 69-106; s. 4, ch. 70-203; s. 1, ch. 70-439; s. 350, ch. 71-136; s. 2, ch. 71-137; s. 140, ch. 77-104; s. 1, ch. 77-174; s. 23, ch. 78-95; s. 1, ch. 84-120; s. 1, ch. 92-147; s. 189, ch. 94-356; s. 93, ch. 99-245; s. 1, ch. 2000-146; s. 1, ch. 2001-258.
Note.--Former s. 403.271.
369.251 Invasive nonnative plants; prohibitions; study; removal; rules.--
(1) A person may not sell, transport, collect, cultivate, or possess any plant, including any part or seed, of the species Melaleuca quinquenervia, Schinus terebinthifolius, Casuarina equisetifolia, Casuarina glauca, or Mimosa pigra without a permit from the department. Any person who violates this section commits a misdemeanor of the second degree, punishable by fine only, as provided in s. 775.083.
(2) The department shall study methods of control of plants of the species Melaleuca quinquenervia, Schinus terebinthifolius, Casuarina equisetifolia, Casuarina glauca, and Mimosa pigra. The South Florida Water Management District shall undertake programs to remove such plants from conservation area I, conservation area II, and conservation area III of the district.
(3) The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section. Possession or transportation resulting from natural dispersion, mulching operations, control and disposal, or use in herbaria or other educational or research institutions, or for other reasons determined by the department to be consistent with this section and where there is neither the danger of, nor intent to, further disperse any plant species prohibited by this section, is not subject to the permit or penalty provisions of this section.
History.--s. 1, ch. 90-313; s. 190, ch. 94-356; s. 77, ch. 98-200.
369.252 Invasive exotic plant control on public lands.--The department shall establish a program to:
(1) Achieve eradication or maintenance control of invasive exotic plants on public lands when the scientific data indicate that they are detrimental to the state's natural environment or when the Commissioner of Agriculture finds that such plants or specific populations thereof are a threat to the agricultural productivity of the state;
(2) Assist state and local government agencies in the development and implementation of coordinated management plans for the eradication or maintenance control of invasive exotic plant species on public lands;
(3) Contract, or enter into agreements, with entities in the State University System or other governmental or private sector entities for research concerning control agents; production and growth of biological control agents; and development of workable methods for the eradication or maintenance control of invasive exotic plants on public lands; and
(4) Use funds in the Invasive Plant Control Trust Fund as authorized by the Legislature for carrying out activities under this section on public lands. Twenty percent of the amount credited to the Invasive Plant Control Trust Fund pursuant to s. 201.15(6) shall be used for the purpose of controlling nonnative, upland, invasive plant species on public lands.
History.--s. 3, ch. 96-238; s. 1, ch. 97-38; s. 21, ch. 99-205; s. 30, ch. 99-247; s. 4, ch. 99-312; s. 62, ch. 2000-152.
369.255 Green utility ordinances for funding greenspace management and exotic plant control.--
(1) LEGISLATIVE FINDING.--The Legislature finds that the proper management of greenspace areas, including, without limitation, the urban forest, greenways, private and public forest preserves, wetlands, and aquatic zones, is essential to the state's environment and economy and to the health and safety of its residents and visitors. The Legislature also finds that the limitation and control of nonindigenous plants and tree replacement and maintenance are vital to achieving the natural systems and recreational lands goals and policies of the state pursuant to s. 187.201(9), the State Comprehensive Plan. It is the intent of this section to enable local governments to establish a mechanism to provide dedicated funding for the aforementioned activities, when deemed necessary by a county or municipality.
(2) In addition to any other funding mechanisms legally available to counties and municipalities to control invasive, nonindigenous aquatic or upland plants and manage urban forest resources, a county or municipality may create one or more green utilities or adopt fees sufficient to plan, restore, and manage urban forest resources, greenways, forest preserves, wetlands, and other aquatic zones and create a stewardship grant program for private natural areas. Counties or municipalities may create, alone or in cooperation with other counties or municipalities pursuant to the Florida Interlocal Cooperation Act, s. 163.01, one or more greenspace management districts to fund the planning, management, operation, and administration of a greenspace management program. The fees shall be collected on a voluntary basis as set forth by the county or municipality and calculated to generate sufficient funds to plan, manage, operate, and administer a greenspace management program. Private natural areas assessed according to s. 193.501 would qualify for stewardship grants.
(3) This section shall only apply to counties with a population of 500,000 or more and municipalities with a population of 200,000 or more.
(4) Nothing in this section shall authorize counties or municipalities to require any nongovernmental entity to collect the fee described in subsection (2) on their behalf.
History.--s. 12, ch. 97
CHAPTER 62C-20 AQUATIC PLANT CONTROL PERMITS
- 62C-20.0011 Program Policies. (Repealed)
- 62C-20.0015 Definitions.
- 62C-20.002 Permits - Applications.
- 62C-20.0025 Types of Permits. (Repealed)
- 62C-20.0035 Waters Exempt from Permitting.
- 62C-20.0045 Criteria for Issuing, Modifying or Denying Permit Applications.
- 62C-20.0055 Management Method Criteria and Standards, Operations and Reporting Requirements.
- 62C-20.0075 Penalties.
- 62C-20.0015 Definitions.
(1) “Aquatic plant” means any plant, including a floating, emersed, submersed, or ditchbank species, growing in, or closely associated with, an aquatic environment, and includes any part or seed of such plant.
(2) “Aquatic plant management” means an activity designed to control the growth of aquatic plants so as to protect human health, safety and recreation and, to the greatest degree practicable, to prevent injury to non-target plants, animal life, and property.
(3) “Beneficial aquatic plants” mean indigenous aquatic plant species that provide fish and wildlife habitat, water quality protection, and shoreline stabilization.
(4) “Bureau” means the Bureau of Aquatic Plant Management, an administrative subdivision of the Department of Environmental Protection, located at 2051 E. Dirac Dr., Tallahassee, Florida 32310-3760, telephone (850) 488-5631.
(5) “Classes of Surface Water” means the classification of surface waters as defined by the Department of Environmental Protection, pursuant to Rule 62-302.400, F.A.C.
(a) “Class I – Public Water Supplies” means surface waters designated for human consumption.
(b) “Class II – Shellfish Propagation or Harvesting” means surface waters where shellfish are grown or harvested for human consumption.
(c) “Class III – Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife” means all surface waters of the state of Florida, which are not included in Class I, II, IV or V.
(d) “Class IV – Agricultural Water Supplies” means secondary and tertiary canals within agricultural areas.
(e) “Class V Waters – Navigation, Utility and Industrial Use” means waters designated for such use.
6) “Collection” means the removal or gathering of any aquatic plant, including any part or seed thereof, from the place in which it is growing in the natural environment.
(7) “Connection” means any depression, ditch, canal, culvert, pipe, or any other natural or man-made conveyance, whether permanent or intermittent, which joins the surface water of one waterbody to the surface water of another waterbody in such a manner as to allow the interchange of water between the waterbodies. Waterbodies with conveyances which are subject to man-made controls, including but not limited to dams, weirs, water control gates, and valves which are preventing the interchange of water between waterbodies at the time of the use of an herbicide for aquatic plant management activities, and throughout any water use restriction periods required by the herbicide product label, shall not be considered to be connected.
(8) “Control area” means an area of water containing the aquatic plant management site within which opportunity exists for the mixture of water temporarily degraded by management activities with receiving or adjacent waters. This includes the area of water in which the use of a herbicide or mechanical aquatic plant management activity is undertaken.
(9) “Department” means the State of Florida Department of Environmental Protection.
(10) “Ditchbank species” means those plants usually growing not directly in water but near water’s edge at normal water level.
(11) “Eradication program” means a method for the control of non-indigenous aquatic plants in which control techniques are utilized in a coordinated manner in an attempt to kill all the target aquatic plants on a permanent basis in a given geographical area.
(12) “Herbicide” means any chemical product used to chemically control or regulate aquatic plant growth.
(13) “Maintenance program” means a method for the management of aquatic plants in which techniques are used in a coordinated manner, on a continuous or periodic basis, in order to maintain the target plant population at the lowest feasible level funding and technology will permit, as determined by the department.
(14) “Manatee aggregation site” means a specific area within a waterbody or canal system where manatees periodically congregate, as identified by the bureau in consultation with the U.S. Fish and Wildlife Service and the department’s Office of Protected Species Management.
(15) “Natural waters” means those surface waters created through geological and biological processes whether or not subsequently modified by man.
(16) “Noxious aquatic plant” means any part, including but not limited to seeds or reproductive parts, of an aquatic plant which has the potential to hinder the growth of beneficial plants, to interfere with irrigation or navigation, or to adversely affect the public welfare or the natural resources of this state.
(17) “Outstanding Florida Waters” means waters designated by the Environmental Regulation Commission as worthy of special protection because of their natural attributes as listed in Rule 62-302.700, F.A.C.
(18) “Permit” means a license issued by the department, pursuant to this chapter. -68
(19) “Person” means individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
(20) “Regional biologist” means a biologist employed by the bureau who is located in a region of the state designated by the bureau, and whose duties are to carry out the responsibilities of the bureau within the region as assigned.
(21) “Riparian owner” means a person who possesses fee title to property that extends to the ordinary high water mark of navigable waters, or to the bottom.
(22) “Sovereignty lands” means, pursuant to Article X, Section 11, Constitution of the State of Florida, the title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people.
(23) “Waters” or “Waters of the State” means rivers, streams, lakes, navigable waters and associated tributaries, canals, meandered lakes, enclosed water systems, and all other bodies of water.
(24) “Waters of Special Concern” means Class I and II waters, Outstanding Florida Waters, and waters designated by rule as a fish management area by the Florida Game and Fresh Water Fish Commission.
Specific Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.015, 16C-20.0015, Amended 5-3-95.
62C-20.002 Permits - Applications.
(1) No person shall attempt to control, eradicate, remove, or otherwise alter any aquatic plants in waters of the state, including those listed in Section 369.251, F.S., except as provided in a permit issued by the department unless the waters in which aquatic plant management activities are to take place are expressly exempted in Rule 62C-20.0035, F.A.C.
(2) Permits issued pursuant to this chapter are not intended to allow for the collection and subsequent use of the removed plants, unless specifically provided for in the permit conditions.
(3) Application format and requirements:
(a) All applications for new permits or modifications to existing permits shall be submitted in accordance with the requirements of this rule.
(b) All application documents shall be submitted in an 8 1/2 by 11 inch format and be of good quality and clearly legible.
(c) Each application shall be submitted on DEP form 50-032(16) (Aquatic Plant Management Application, effective date 5-3-95, which is hereby incorporated by reference), and is available at no cost from the bureau.
(d) All applications, except for those from government agencies, research institutions, and wastewater treatment facilities approved by the Department of Environmental Protection, shall be in the name of and signed by the riparian owner who shall, upon request, provide proof of riparian ownership. An application may be submitted by an agent of the riparian owner provided that the name, address, telephone number, signature of the riparian owner, and agent is provided on the application. Persons representing multiple riparian owners such as, but not limited to, governmental agencies and officers of homeowners associations may submit an application without the name, address, telephone number, and signature of all riparian owners. However, the name, signature, address, and telephone number of the contact person must be shown.
(e) As part of the application, the applicant shall provide the name of the waterbody, if it is named, and a map with directions to the proposed management site using county, state, and U.S. highway names and route numbers.
(f) As part of the application the applicant shall provide a detailed diagram of the proposed management site which shall contain at a minimum the following information:
1. 1. Riparian owner’s property boundaries, including dimensions.
2. 2. Approximate water’s edge at the time of the proposed application.
3. 3. All prominent features such as docks, fences, trees, etc., located near the water’s edge.
4. All aquatic plant communitieslocated at the site identified by name or symbol, with a clear depiction of the aquatic plants proposed for control including the dimensions of the control area and the vegetation not to be controlled.
5. The proposed control method to be used.
2. 6. Type of public notification to be used when applying herbicides with water use restrictions required by the herbicide product label.
7. Legends that explain all symbols and patterns used.
.(g) Each applicant shall submit one complete application bearing original signatures and two copies of the complete application to the appropriate regional biologist.
.(4) The regional biologist shall review and determine the completeness of each application and may conduct an on-site inspection.
.(5) Final agency action on permit applications.
.(a) Allconditions of the permit shall be stated on the permit.
.(b) Permits shall be effective for a period of three years from the date issued.
.(6) Permit amendments:
.(a) The permittee may request an amendment subject to the procedures and review criteria of this chapter.
.-69.(b) Following notice to the permittee, the department is authorized to amend a permit issued pursuant to this chapter during the term of the permit to restrict or limit the scope of the permitted activity. This shall be done if necessary to ensure the protection of human health, safety, recreation, plant and animal life, and property.
.(c) A permit issued pursuant to this chapter may be transferred at the written request of a new owner or assignee of the permitted property when accompanied by written consent from the permit holder. If any changes, additions, or modifications to the permit are requested, an application for a new permit must be filed for processing.
.(7) It shall be the responsibility of the permittee to submit a renewal application 45 days prior to the expiration date of the permit.
.(8) When a person enters into a contract with the department to conduct aquatic plant management for research purposes or pursuant to an eradication or maintenance program initiated under Chapter 62C-52, F.A.C., or Chapter 62C-54, F.A.C., the execution of the contract shall constitute the department's permit for aquatic plant management.
Specific Authority 370.021, 369.20, 369.22, 369.25, 369.251 FS. Law Implemented 369.20, 369.22, 369.25, 369.251, 403.088 FS. History–New 5-8-77, Amended 2-9-82, 7-9-85, Formerly 16C-20.02, 16C-20.002, Amended 5-3-95.
62C-20.0035 Waters Exempt from Permitting.
.(1) No aquatic plant management permit is required by the department for the following waters:
.(a) Waters wholly owned by one person, other than the state, provided there is no connection to Waters of Special Concern.
.(b) Class IV waters or artificially created waters used exclusively for agricultural purposes, provided there is no connection to Waters of Special Concern.
.(c) Electrical power plant cooling ponds, reservoirs, or canals unless used as or connected to waters designated by the department as manatee aggregation sites.
.(d) In waters of 10 surface acres or less provided there is no connection to Waters of Special Concern. The acreage of waters in systems with any connections shall be calculated for each individual water rather than collectively as a system. Natural connections between non-exempt waters shall be considered part of those waters.
.(e) In that specific area of a waterbody where a dredge and fill activity is permitted by the Department of Environmental Protection and aquatic plants are removed as a part of the permitted activity.
.(2) Although certain waters are exempt from the department’s permit requirements, all aquatic plant management activities shall be conducted in a manner so as to protect human health, safety, recreational use, and to prevent injury to non-target plant and animal life, and property, to the greatest degree practicable. When applying a herbicide in exempt waters, all persons shall comply with label rates, instructions, cautions, and directions, and shall follow the public notice requirements of paragraph 62C-20.0055(2)(c), F.A.C. No aquatic plant management activity using herbicides or mechanical harvesting equipment shall be conducted when manatees are in the control area in exempt waters. Copper-based herbicides shall not be used in any exempt waterbody connected to any natural waterbody designated as a manatee aggregation site without a permit from the department.
Specific Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.035, 16C-20.0035, Amended 5-3-95.
62C-20.0045 Criteria for Issuing, Modifying or Denying Permit Applications.
.(1) The department recognizes the varied human and environmental concerns for Florida’s waters. Aquatic plant management permits shall be issued to allow persons reasonable access to, and use of, these waters while maintaining sufficient native vegetation to provide for environmental concerns such as the impact upon fish, wildlife, water quality, and shoreline stabilization. Native aquatic plant species in natural waters will not be considered for control unless the native species alone, or when intermingled with nonindigenous species, have become noxious.
(2) In determining whether a permit shall be issued for aquatic plant management purposes, the department shall consider the following criteria:
(a) The noxious aquatic plant species present and the potential of the target plants to create adverse effects.
.(b) The amount and quality of the aquatic plants within the waterbody and the proposed management site, and their importance to biological communities that are utilizing them.
(c) The positive or adverse impacts of the aquatic plant management activities on public interest considerations such as:
1. 1. Health and safety of the public.
2. 2. Navigation.
3. 3. General public’s access to, or use of, the waterbody.
4. 4. Riparian property owners’ access to, or use of, the waterbody.
5. 5. Swimming, fishing or other recreational activities.
6. 6. Water flow or the potential for flooding.
(d) The positive or adverse impacts of the aquatic plant management activities on fish and wildlife considerations such as:
1. Endangered or threatened species, species of special concern, or their prey species and habitat.
2. The potential of the management activities to improve habitat for the production of fish and wildlife, including non-game species.
-703. The potential of the plant management activities to increase or improve native aquatic plant species diversity.
(e) The positive or adverse impacts of the proposed aquatic plant management activities on water quality considerations such as:
1. 1. Native plant coverage which may protect or improve water quality.
2. 2. Native plant coverage which may prevent or reduce shoreline erosion and runoff.
3. Nutrient levels, dissolved oxygen levels, deposition of organic matter, herbicide residues or other impacts on water quality outside of the control area designated by the department.
.(f) The protection of the receiving waterbodies consistent with the classes of surface waters established pursuant to Chapter 62-302, F.A.C.
.(g) The potential of the proposed activity tospread noxious aquatic plants, or to promote the survival and growth of native aquatic plants.
.(3) The department will not issue more than one permit for the same activity at the same site, at the same time, in the behalf of a riparian owner.
.(4) The removal, cutting, collecting, or altering in any way of mangroves, mangrove seeds (fruits) or propagules, or plants restricted by Rule 46-42.001, F.A.C., are not regulated by this chapter and, therefore, shall not be permitted pursuant to Chapter 62C-20, F.A.C.
.(5) If after review of a complete application the department determines that the proposed activity does not conform to the criteria as established in Rule 62C-20.0045, F.A.C., the department shall deny the permit.
Specific Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History–New 2-9-82, Formerly 16C-20.045, 16C-20.0045, Amended 5-3-95.
62C-20.0055 Management Method Criteria and Standards, Operations and Reporting
Requirements.
.(1) Management Method Criteria and Standards
.(a) Herbicide control activities:
1. All herbicide control activities shall be in conformity with label requirements of the product to be used.
1. 2. Herbicides that require water use restrictions when used according to label requirements, and do not indicate a potable water intake setback distance on the label, must not be used to manage floating plants within 0.5 miles of a functioning potable water intake in a lake or within two miles upstream or 0.5 miles downstream of a functioning potable water intake in a river system.
2. 3. When used to manage aquatic vegetation other than floating plants, herbicides that require water use restrictions when used according to label requirements, and do not indicate a potable water intake setback distance on the label, must not be used within two miles of a functioning potable water intake in a lake or within two miles upstream or 0.5 miles downstream of a functioning potable water intake in a river system.
3. 4. When management activities, using a herbicide without a potable water setback distance, are to take place within two miles of a functioning potable water intake in a lake, or within two miles upstream or 0.5 miles downstream of a functioning potable water intake in a river system, written notice by certified mail must be given to the operator of the water treatment plant and to the bureau at least one week prior to the treatment activity, unless an alternative notification system has previously been approved by the department.
.5. When more than one herbicide is registered for use in an aquatic site, the department shall require the use of the herbicide which it determines has the least adverse effect upon human health, safety, recreational uses, non-target plants, fish, and wildlife. In determining which herbicide shall be used, the following criteria shall be considered:
.a. Which herbicide will provide the greatest protection to human health, safety, and recreational uses.
.b. Which herbicide will provide the greatest protection to non-target plant and animal life.
.c. Which herbicide will be most effective at controlling the targeted species.
1. 6. Noherbicide shall be permitted for use in violation of label requirements as registered by the Department of Agriculture and Consumer Services or the United States Environmental Protection Agency.
2. 7. Application of herbicides shall be conducted at all times in a manner to cause the least possible adverse effect on human health, safety, recreational uses, non-target plants, fish, or wildlife.
3. 8. Management activities using herbicides shall not be permitted in manatee aggregation sites when manatees are present except when automatic herbicide spreaders operating on timing devices have been authorized by a permit.
4. 9. In order to protect the welfare, safety, and health of manatees, when manatees are sighted in a control area, all herbicide control operations must cease immediately (except when automatic herbicide spreaders operating on timing devices have been authorized by a permit), and shall not be resumed until all manatees have left the control area of their own volition. No manatee may be herded or harassed into leaving the control area.
5. 10. Proposed herbicide treatments that may cause the rapid decay of aquatic vegetation and possible oxygen depletion, shall be required to be staggered or conducted in stages to allow time for recovery and stabilization of oxygen levels between treatments.
(b) Mechanical and Physical Control Activities:
-711. 1. Mechanical aquatic plant management operations shall be conducted in a manner which will not cause further significant spread of noxious aquatic plant species. All cut or harvested aquatic vegetation shall be deposited as prescribed in the permit. No substrate is authorized to be recontoured or removed under an aquatic plant management permit.
2. 2. When manatees are sighted within 50 feet of mechanical operations, all operations must cease immediately and shall not be resumed until all manatees have left the mechanical operations area of their own volition. No manatees may be herded or harassed into leaving the control area.
3. An aquatic plant management permit is required to fluctuate water levels when the primary purpose is for aquatic plant management. A permit to fluctuate water levels may also be required from the appropriate water management district.
(c) Biological Control Activities:
3. 1. The use of fish as a biological control for aquatic plants requires a permit from the Fish and Wildlife Conservation Commission which has statutory authority for the regulation of the use of fish.
4. 2. All other biological control agents shall be used only if approved for general release by the U.S. Department of Agriculture and the Florida Department of Agriculture and Consumer Services.
(2) Operations Requirements:
.(a) All persons conducting aquatic plant management activities shall remove from the site and properly dispose of, in accordance with label instructions, all herbicide containers which result from aquatic plant management activities.
.(b) All persons conducting aquatic plant management activities shall allow employees of the department to conduct inspections, sample waters in management sites, observe control activities at management sites, and review records required by; subsection 62C-20.0055(3), F.A.C., of this chapter in order to determine compliance with the terms of this chapter and permit conditions. In addition, all persons shall allow employees of the department, acting as agents of the Department of Agriculture and Consumer Services, pursuant to an interagency memorandum of understanding (effective date 22 May 1985, which is hereby incorporated by reference and is available from the bureau) to remove samples from spray tanks to ascertain compliance with the terms of this chapter, and permit conditions.
.(c) Prior to undertaking herbicide control activities, each permittee shall notify potential users of waters, subject to or affected by the aquatic plant management activities, if there are use restrictions on the herbicide label for treated waters. The permittee must use one or more of the following methods of notice, which shall be stated on the permit, for posting water-use restrictions to properly notify the affected public:
1. 1. The posting of signs at access points.
2. 2. The publication of notice in a newspaper of general circulation in the affected area.
3. 3. The placement of notices at the management site.
4. 4. The establishment of a signal or marker system.
5. 5. Giving notice at established point of contact.
6. 6. Other methods, approved in advance by the department, designed to reach the affected public.
.(d) The notice shall include, at least, the types of activities which will be temporarily prohibited, or restricted, and the dates for which these prohibitions, or restrictions, are applicable. The notice must remain posted during the period for which any use restrictions are in effect.
.(e) Any person engaged in aquatic plant management must have a copy of the aquatic plant management permit when conducting control activities, unless activities are being undertaken pursuant to Chapter 62C-54, F.A.C.
.(f) If the department finds that immediate, serious danger to the public health, safety, or welfare requires emergency action, it is authorized, to suspend, restrict, or limit the scope of the permitted activity by emergency order. Any emergency action taken pursuant to this rule shall be promptly reported to the Governor as agency head.
.(3) Reporting Requirements:
.(a) Eachpermittee shall maintain records of herbicide use conducted pursuant to this chapter on DEP Form 50-031(16) (Aquatic Plant Management Annual Operations Report, effective date 5-3-95, which is hereby incorporated by reference and is available from the bureau). An equivalent report may be used provided it is approved in advance by the bureau.
.(b) The Operations Report Form, or other approved equivalent form, shall be sent to the bureau each year within 30 days following the anniversary of the issue date or the expiration date of the permit.
.(c) Subsequent permits will not be issued or renewed until the Operations Report is received. A permit is subject to revocation if the Operations Report is not received within the required time frame.
Specific Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.055, 16C-20.0055, Amended 5-3-95.
62C-20.0075 Penalties.
.(1) Following proper notice, the department is authorized to modify, revoke, suspend, annul, or withdraw any permit granted by it, or deny or modify any permit request, if the department determines that the following actions were committed by the permittee or applicant:
.(a) Submission of false or inaccurate information in the permit application, requests for amendments or renewals, or records maintained pursuant to subsection 62C-20.0055(3), F.A.C.
.-72.(b) An unresolved violation of a permit, permit conditions, this chapter, or Florida Statutes relating to aquatic plant management activities.
.(c) Failure to file an operations report within the specified period of paragraph 62C-20.0055(3)(b), F.A.C.
.(2) Violators of this chapter involving the use of herbicides are subject to penalties as provided in Sections 403.141 and 403.161, F.S. Specific Authority 370.021, 369.20, 369.22, 369.251 FS. Law Implemented 369.20, 369.22, 369.251, 403.088, 403.141, 403.161 FS. History–New 2-9-82, Formerly 16C-20.075, 16C-20.0075, Amended 5-3-95.