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Florida Department of Agriculture and Consumer Services

Non-native Species Planting Permits

Previously Known as Biomass Permitting

The purpose of the permitting process (Non-Native Species Planting Permit, FDACS-08382, revised 01/13) is to control the introduction into, or movement within, Florida of 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 which 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.

Applications for non-native species plantings must be submitted with a non-refundable application fee of $50 USD. Separate applications and fees are required for each noncontiguous planting. If the application is approved, proof of a bond or certificate of deposit issued by a surety company and approved by the Division of Plant Industry for 150 percent of the cost to eradicate the permitted planting must be submitted before the permit is approved and the compliance agreement is issued.

The application process is straightforward, and the steps in the application and approval process are detailed below:

  • Applicant cover letter (Letter of Intent) included with Non-Native Species Planting Permit Application
  • $50 permit fee for each application
     *Note: A separate application and fee should be submitted for each noncontiguous planting.
  • Application is reviewed by the Division of Plant Industry and site visit is scheduled
  • Upon completion of the application review and site visit, if approved, a surety bond for eradication is requested.
  • When the surety bond is received, a Compliance Agreement is issued for applicant signature.

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Frequently Asked Questions

When is a permit necessary?

According to Florida Rule 5B-57.011, F.A.C. a permit for non-native species plantings (FDACS-08381) is required for two contiguous acres within one parcel of land for any non-native plant and not excluded for purposes of agriculture under Section 570.02(1), F. S. or excluded in Rule 5B-57.011, F.A.C.

What is a contiguous planting?

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 Florida Rule 5B-57.001 Definitions for further clarification).

What items must my permit application demonstrate?

  • Must show a viable system to prevent plants, and plant parts, from spread into ditches, natural waterways, and any onsite drainage.
  • Must demonstrate adequate measures to mitigate the spread of the permitted plant species from dispersal via seed.
  • Must show adequate safeguarding measures applied to border of the planting to prevent plant spread.
  • Must show containment procedure for cleaning equipment used on site.
  • Must show adequate measures for wildfire mitigation.

How long does the permitting process take to complete?

Please allow 60-90 days for the application process. After an initial permit review, a site visit must be made by personnel from the 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 must be provided. The bond application and issuance of the bond may take a week or more, depending on financial institution.

What is the Compliance Agreement (FDACS-08383)?

The Compliance Agreement is issued after permit review, completed site visit, and issuance of Certified Bond. 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 the Department of Agriculture and Consumer Services.

Please follow the instructions provided below when printing and completing the forms listed:

  1. Use the free Adobe Acrobat Reader to view or print forms. Skip this step if Adobe Reader is already installed on your PC.
  2. Print forms on white 8 1/2" x 11" paper.
  3. Type or print the entire form in blue or black ink.
  4. If fees are required, make check(s) payable to: Florida Department of Agriculture and Consumer Services
  5. Mail payment(s) to: FDACS-Plant Industry, P.O. Box 147100, Gainesville, FL 32614-7100.